Chances of Winning a DUI Case in Ontario

Drivers who learn about the serious consequences of punishment often wonder what are chances of winning a DUI case in Ontario. The answer to this question depends on many factors, so each case must be considered on a case-by-case basis. Statistically, quite a few Ontario DUI cases have a positive outcome. 

According to Statistics Canada, only 48% of the criminal court cases in Ontario resulted in a conviction. The remaining 52% of cases were either acquitted or suspended. In some cases, there were “other decisions,” such as the following situations:

• The defendant was found unable to appear at trial;
• The court decided not to write a record of the conviction;
• The defendant was found not guilty;
• Charter rights arguments were made against the defendant;
• The court entered a special plea. 

Acquittals in DUI cases in Ontario are when the driver is found not guilty by the totality of the circumstances. Charges that were dismissed or suspended at trial include the court’s recourse to restorative programs and alternative pretrial measures. 

Despite the high rates of acquittals, the chances of winning a DUI case in Ontario are gradually decreasing. At the same time, every year the number of DUI-related court proceedings decreases markedly. 

Drinking and Driving Laws in Ontario

Like many states in Canada, Ontario has its laws about drunk driving. This is determined by breathalyzer tests and blood samples. The maximum permitted concentration of alcohol in the blood is 80 milligrams per 100 milliliters (BAC 0.08%). Otherwise, there is a chance to get an over 80 offence.

This rule applies to drivers of any vehicle, including motorboats, ATVs, snowmobiles, etc. The state police have the right to stop a vehicle at any time and ask the driver to submit to a blood-alcohol test. 

Everyone has the right to refuse the test, but there will be unpleasant consequences. For example, license suspension for 90 days, criminal charges. It should be noted that the law gives police officers a certain discretion. 

According to the rules, any driver will be considered an offender if their blood alcohol concentration exceeds the established norm. In practice, there were even cases when police officers detained drivers who were drinking alcohol in parked cars. 

It turns out that the law provides for DUI charges in Ontario, and it does not matter whether you are driving or not at the time of the check. After an arrest, the police will take the driver with an elevated blood-alcohol content to the nearest police station to conduct a second test. 

If the results are confirmed, everyone has the opportunity to be released from custody on bail. The procedure is fairly simple and does not take much time. After release, we recommend that you contact a criminal defense attorney immediately to explore options for resolving the case before the trial date. 

What Are The Chances of Winning a DUI Case in Ontario?

Statistics show a 50% chance of a favorable trial outcome. However, this high probability depends mainly on the lawyer handling the case. With the right strategy, an experienced legal advocate can influence an acquittal, dismissal of charges, or a reduced sentence for a DUI in Ontario.  

A favorable court decision can be made even if the breathalyzer showed an elevated blood alcohol content when you were arrested. If you present a strong defense, the chances of having the charges dropped are much greater. You should not plead guilty right away to mitigate your sentence. You should first consult with a lawyer. He will be able to suggest the best way out of the situation. 

What Are the Penalties for Drunk Driving in Ontario?

Few drivers realize what the consequences are for driving under the influence of alcohol. A court proceeding without the support of a defense lawyer can end with:

• Imprisonment for a specified period of time;
• Disqualification from driving privileges;
• Mandatory installation of an ignition interlock on the vehicle;
• A permanent criminal record;
• Confiscation of the vehicle;
• Substantial fines;
• Travel restrictions;
• Compulsory education and treatment programs;
• Higher insurance premiums. 

Most convictions are handed down by courts because of the lack of a competent defense. Many people rely on their own strength and refuse the assistance of a lawyer. Another common reason is that there is no way to pay for the services of a defense lawyer. One way or another, those accused of drinking and driving in Ontario find themselves in a difficult enough situation without the help of an experienced criminal lawyer.  

Tips to Increase Your Chances of Winning Your Ontario DUI case

There are several rules to follow to increase the likelihood of a favorable outcome in a DUI case. The main ones include:

After an arrest, it is imperative that you find a knowledgeable DUI defense lawyer. It is important that the attorney has sufficient experience in resolving DUI cases. It is such a defender who can greatly increase the chances of success in court. 

You should try to gather all documentary evidence of the day the police arrested you. For example, this could be receipts and receipts from a bar or restaurant that you visited before the blood alcohol test. Try to remember what you drank and what you ate before the arrest. All of these arguments can be used by your lawyer to prepare your case. 

You should not tell anyone anything about the progress of the case without the attorney’s prior consent. Talking to a potential witness can only make things worse, and your chances of winning a trial will be greatly reduced. 

Either way, your best bet for a DUI arrest is to contact a good lawyer, like Jonathan Lapid. This is the only way to get favorable handling of the case. He has a proven track record of defending clients against DUI charges in Mississauga, Brampton, Oakville, Toronto, and across the GTA.

Can I Go to Jail for Drunk Driving in Ontario?

One of the penalties for driving under the influence of alcohol is jail. Usually, this is for people who have been drinking, and it is not the first time the police have caught them. The same punishment awaits motorists who have violated not only the law on drunk driving but also other laws. 

If you find yourself in such a difficult situation, you need to know how to properly defend yourself. This requires an understanding of the law and a good understanding of the Criminal Code of Canada. You will also need to know how lawsuits work. Specifically, with regard to the drunk driving case, you need to carefully study Part VII.1, Motor Vehicle Crimes, of the Criminal Code. 

Most people find it difficult to navigate the law and find the information on their own that will help them win their case. Without a legal background, it is quite difficult to determine if the officer correctly followed the Penal Code during the arrest. 

In addition, during the trial, you need to be able to competently prove your position and point out procedural errors, if your DUI lawyer detected any. If you do not have all of this body of knowledge and experience, you should contact a good human rights activist. By doing so, you will greatly increase your chances of winning your Ontario DUI case. 

How do I choose the best DUI lawyer?

To increase the likelihood of a favorable outcome in your DUI proceeding, you should be careful in choosing a criminal lawyer. Study client reviews and read the biography, which is usually posted on the law firm’s website. 

If you are satisfied with everything, make an appointment with the human rights defender. Do not hesitate to ask him questions about:

1. Experience. Successful experience in DUI cases is important when choosing a defense attorney. Give preference to a lawyer who specializes in this area. Inquire about the number of cases that ended favorably for clients. 
2. The amount of compensation for upcoming services. Some lawyers work at a fixed rate, while others are paid for the actual hours worked. You should negotiate all these details before signing the service contract. 
3. The preferred strategy in preparing a case. An experienced lawyer always has a proven tactic, which affects the favorable outcome of the case. He will carefully study all the circumstances, listen carefully to the client, and can immediately assess the chances of success. Usually, the preliminary consultation of a lawyer is free of charge. 
4. Work alone or in a team. Many human rights advocates delegate some of the work to their assistants. This allows for a more thorough understanding of the case and saves time in trying it.   
5. Ways to communicate. Some attorneys provide services only remotely. Choose how you feel more comfortable working with a defense attorney – meet in person or consult by phone or messenger. Discuss this issue at the interview.  

A good lawyer values his reputation and always talks to clients openly and honestly. Jonathan Lapid, a defense attorney, is well-versed in criminal law, including motor vehicle crimes, internal court processes, and the roles of prosecutors. 

Conclusion

Do not be lazy; learn about lawyers in the media and study client reviews on popular forums. Remember: your freedom and further life are at stake! There is a high chance of winning a DUI case in Ontario, especially if you are defended by an experienced DUI lawyer, Jonathan Lapid.