In DUI cases, bail or judicial interim release, means letting the accused driver out of custody while their case goes through the court system. Usually, it comes with rules they must follow.
The Charter Right to Bail
Section 11(e) of the Canadian Charter of Rights and Freedoms guarantees the right “not to be denied reasonable bail without just cause.” Section 11(d) adds the presumption of innocence until guilt is proven. The Court ruled that, as a general rule, the accused should be released while awaiting trial, and detention before trial should be the exception, not the norm.
“Just cause” means one of three grounds under section 515(10) of the Criminal Code has to apply:
- Primary: detention is needed to guarantee the accused shows up for court
- Secondary: release would put the public or a victim at risk
- Tertiary: release would undermine public confidence in the justice system, given the seriousness of the charge and strength of the case
These conditions create a high bar for pre-trial detention. Legally, bail can only be denied if there is a clear reason tied to one of these three grounds listed above.
How Bail Works After a DUI Arrest
The DUI arrest procedure in Canada is usually quite standard. Without unusual circumstances, police usually release you from the station on an undertaking with specific conditions you need to follow.
That changes if there are aggravating factors, such as a prior conviction, an injury-causing crash, or refusing a test after a collision.
If the police decide to hold you in custody, the Criminal Code requires them to bring you before a justice within 24 hours, or as soon as possible after that if a justice is not available.
Typical DUI Bail Conditions
The driver is usually released under several conditions. The court should link those conditions to real risks like reoffending or failing to appear. Common conditions are:
- A full driving prohibition, regardless of your provincial licence suspension
- An abstention condition, covering alcohol and non-prescribed drugs broadly, not just while driving
- A duty to keep the peace, standard on virtually every release
- A surety or cash deposit, mainly for repeat offences or flight-risk concerns, not a typical first offence
- Reporting or residence conditions (not as common in simpler cases but possible where aggravating facts exist)
Breaching any of these is its own charge under section 145 of the Criminal Code. If you have been arrested on a DUI-related charge, speak with an experienced Toronto DUI lawyer before your first appearance to have the best at fair conditions.
A Note on the 2026 Bail Reforms
The Bail and Sentencing Reform Act (Bill C-14) came into force on July 15, 2026. It makes bail rules stricter for certain serious cases, such as violent auto theft or home invasions. In such situations, the accused must show why they should be released, instead of the Crown having to show why they should be kept in custody. Driving offences in general are not among such offences.