“To err is human; to forgive, divine,” but if you make errors of judgment when police arrest you for driving under the influence (DUI) of alcohol or drugs, you’ll likely not receive any forgiveness from the criminal justice system. In fact, any mistakes you make during and after your arrest increase the likelihood of a DUI conviction and the onerous consequences that come with it.
With more than 1,200 successful DUI defences in Greater Toronto Area courtrooms, the skilled lawyers of Mass Tsang know all the elements that can make or break a DUI defendant’s chances of avoiding conviction. In some cases, what the driver does or doesn’t do during and after a DUI arrest can significantly affect the legal outcome. There are some things a driver suspected of DUI shouldn’t do when they are investigated or arrested for the offence. Such judgment errors make it easier for police and Crown prosecutors to carry the charges forward to a successful conviction and reduce defence options for securing a more favourable outcome. Here then, are the worst mistakes a driver can make if they are pulled over and arrested for DUI:
The police are not your friends, are not interested in bonding with you, and nothing you say is going to stop them from arresting you if they believe you’ve been driving while impaired. Sections 7 and 11(c) of the Canadian Charter of Rights and Freedoms give anyone stopped by police the legal right to remain silent. If police pull you over as a suspected impaired driver, you should always avail yourself of this right. Don’t go mute, as this will likely raise their suspicion and ire. Instead, politely provide police with basic identifying information, but do not respond to any questions that might incriminate you.
Anything you say to police can—and often will—be used against you in court in the Crown’s attempt to secure a conviction. Telling the police that, yes, you did consume a margarita or two earlier in the evening, but it was several hours ago, is not going to get you off the hook and serves as distinct evidence pointing to your likely impairment.
A DUI charge in Ontario is not just a simple traffic violation—it’s a criminal offence that carries severe penalties and consequences if you’re convicted.
“How severe?” you ask.
Well, consider first that Section 320.19 (1) of the Criminal Code carries a maximum penalty of a $5,000 fine or two-year prison term for a summary conviction offence. When charged as an indictable offence, the maximum penalty is 10 years imprisonment. Ontario judges rarely impose such draconian sentences on DUI offenders, and most first-time DUI defendants are sentenced to the mandatory minimum $1,000 fine, driver’s license suspension, and related penalties.
However, if the DUI arrest included any aggravating factors, a judge is more likely to incorporate some jail time into the sentence. Aggravating factors are set out in Section 320.22 of the Code, and include factors like excessive blood alcohol concentrations, having underage people in the vehicle, racing, and causing death or injury.
To recap, the minimum penalties and consequences you face from a first-time DUI conviction are:
Even if you are convinced that the police and Crown have all the evidence, they need to prove you guilty of DUI, do not assume your case is unwinnable. The Crown must prove the validity of the evidence beyond a reasonable doubt, and their evidence may not be as clear-cut as you think. Additionally, the police and Crown must follow distinct protocols in making an arrest, laying charges, and handling evidence. You may not recognize any mistakes police and prosecutors made while processing your charges. If such procedural mistakes or breaches of your Charter Rights can be uncovered, they can derail the Crown’s case against you.
Whether because they think their case is unwinnable, are concerned about legal fees, believe they can defend themselves from DUI charges in court, or just want to get the ordeal over with by pleading guilty, many first-time DUI offenders make the critical mistake of failing to consult with a competent DUI lawyer.
Yes, DUI legal fees can be expensive. However, if a skilled DUI lawyer can help you avoid the costly impacts of a criminal conviction, that money will have been well spent. Experienced DUI lawyers are adept at uncovering weaknesses in the Crown’s case, procedural flaws, and Charter Rights Breaches. Even minor mistakes can work in your favour by raising “reasonable doubts” about the validity of evidence, while procedural errors and Charter Rights violations can serve as a death knell to a DUI case. Effective DUI lawyers also know how their opposing lawyers and the distinct court system work. This enables them to effectively negotiate with prosecutors to reach a more favourable outcome than a criminal conviction. Depending on the relative strength of the Crown’s case and court schedule backlog, negotiations can lead to dropped or reduced charges.
The DUI lawyers of Mass Tsang have helped 1,000s of Ontario motorists successfully defend their DUI charges. If you’ve been charged with DUI in the Greater Toronto Area, avoid making the mistakes common to so many first-time DUI offenders, and secure optimal legal counsel from a skilled DUI lawyer. To take steps towards a positive resolution of your DUI charges in the GTA, contact us today for a free consultation.
