Top Ways to Defend a DUI Charge in Ontario

Most people think that defending a DUI charge is as easy as saying you weren’t drunk, but that can’t be farther from the truth. Circumstantial details, as well as technicalities, will have to be properly presented in court by a DUI lawyer for effective DUI defence. The following the top ways to defend a DUI charge in Ontario.

The Officer is Not Trained to Operate ASD

If it can be proven that the officer does not know how to use the roadside screening device properly, then the samples and results can be disputed or challenged and excluded from the evidence.

No Proper ID of the Driver

If the crown cannot prove that you’re the driver because the police officer did not find you behind the wheel, then there is no DUI case and your DUI charge will be dropped.

Last Drink Defence

You can only be charged with a DUI if you began driving with a blood alcohol level of over 80. If you started to drive right after having your last drink, then you were not as heavily intoxicated as the breath sample shows when you began driving because alcohol takes time to build up.

Contradictions Between Officers’ Statements or Impaired Indica

If your level of intoxication is described differently by the officers, then it would be a challenge to prove if you were truly impaired while driving or not.

Carter Defence or Two Drinks Defence

Used when the time between the first test and time in traffic is more than two hours.

Certificate Not Served

The crown will have to prove that your blood alcohol level is over 80 with a certificate from a qualified technician. If no certificate can be found or if it weren’t served, then it can’t be proven that you were truly intoxicated when arrested.

Late ASD Demand

If it took some time before an approved screening device was used to assess your level of intoxication (if it needed to be brought to the scene from elsewhere or was used after a significant time since your vehicle was stopped), then you were improperly detained and the results are no longer accurate.

Other DUI Defences in Ontario

The above examples are just some of the common defences for a DUI charge. Some other defenses include:

• No rights to counsel at roadside
• 11B
• Arrest without enough reasonable and probable grounds
• 10B breach
• No proper breath demand
• Samples not taken right away
• Inaccurate tox report
• The intoxilyzer was not properly maintained or operated

If you need a DUI lawyer in Ontario to come up with the best defence for your DUI charge, contact Calvin Barry today! Remember, the right defence can have a huge impact on your future and having a criminal record.