Chances of Winning a DUI Charge: What Do Ontario Statistics Show for 2026?
Yes, you can successfully fight a DUI charge in Ontario. As Toronto DUI lawyers we’ve look at the statistics and according to Statistics Canada, thousands of impaired driving cases end without a guilty finding each year.
The latest Ontario court statistics for 2026 have been released by Statistics Canada and they show:
- 35.7% of all impaired driving cases ended in an acquittal, stay or withdrawal.
- 55.2% of single-charge cases ended in an acquittal, stay or withdrawal.
- 26.5% of multiple-charge cases ended in an acquittal, stay or withdrawal.
These figures include impaired driving-related offences such as driving Over 80, refusing a breathalyzer, and care and control while impaired. They describe court outcomes, not your personal chances of winning.
Could Your DUI Case Be One of Them?
A criminal conviction is not inevitable. The outcome of a dui charge depends on the evidence, police procedures, and whether the Crown Attorney can prove the charge.
Nicholas Charitsis is a former Crown Attorney with 20 years of criminal law experience. He has successfully handled hundreds of criminal cases and understands how prosecutors assess impaired driving evidence.
As an experienced Toronto DUI lawyer, Nicholas can review your disclosure, identify weaknesses in the Crown’s evidence, and explain how he would fight your charge.
Call Nicholas at 416-731-7113 or request a DUI case review. Find out whether there are grounds to challenge your charge.
What Do Statistics Canada for 2026 DUI Conviction Rates Tell Us?
Statistics Canada reported 12,529 completed impaired driving cases in Ontario. More than one in three ended in an acquittal, stay or withdrawal.
How Did Ontario Impaired Driving Cases End?
The government reported the following court decisions:
- 8,033 cases resulted in guilty findings (64.1%).
- 4,296 cases were stayed or withdrawn (34.3%).
- 183 cases resulted in acquittals (1.5%).
Another 17 cases ended in other decisions.
What Do These Results Mean for Your DUI Charge?
These figures show that many impaired driving cases do not end with a guilty finding.
However, a withdrawn charge is different from an acquittal. Some charges are withdrawn as part of an agreement with the Crown Attorney.
The statistics also do not separately identify cases resolved through a reduction to a non-criminal offence, such as careless driving.
Your chances of a successful outcome depend on the evidence in your case. That’s why having a Nicholas Charitsis review your disclosure and compare it with your version of events is an important first step.
How to cite: Statistics Canada. Table 35-10-0027-01 Adult criminal courts, number of cases and charges by type of decision
DUI Charges Reduced to Careless Driving
The Statistics Canada figures do not separately identify impaired driving charges that were reduced to non-criminal offences, such as careless driving vs impaired driving. Some of these cases could already be included in the stayed or withdrawn statistics.
This is another important outcome to consider when looking at your chances of successfully fighting a DUI charge.
In some cases, Nicholas Charitsis can negotiate a reduced charge that allows you to avoid a criminal conviction.
How Can Nicholas Charitsis Negotiate a Reduced DUI Charge?
As a former Crown Attorney Nicholas understands how the crown attorney’s office looks at evidence and when they might consider a reduced charge.
Nicholas reviews both the police evidence and your personal circumstances, including:
- Problems with breathalyzer testing, police procedures, or the Crown’s evidence.
- Whether you have a clean driving record and no previous criminal convictions.
- Lower breathalyzer readings, such as between 80 and 110 mg of alcohol per 100 mL of blood, and the circumstances surrounding the offence.
As your defence lawyer he’d present these factors to the Crown Attorney during a Crown pre-trial.
He can also explain your personal circumstances and why a criminal conviction could have serious consequences for your employment, family, and future.
In exceptional cases, these discussions can help support a request to resolve an impaired driving charge through a lesser, non-criminal offence, such as careless driving.
However, Ontario Crown policy places strict limits on these resolutions and requires prior approval. A clean record, lower reading, or sympathetic circumstances do not guarantee that the Crown will agree. This is where experience counts in DUI defence.
Could Your DUI Charge Be Reduced?
The only way to know whether a reduced charge is a realistic option is contact Nicholas and have him review your disclosure and and compare it with your version of what happened.
Contact Charitsis Law for a DUI case review. Nicholas can explain the evidence, discuss possible resolutions, and show you how he would approach fighting your charge. Call 416-731-7113.
Why Are DUI Charges Withdrawn or Dismissed in Ontario?
DUI charges can be withdrawn, dismissed or even reduced when there are problems with the Crown’s evidence. Police mistakes, unreliable evidence, and violations of Charter rights can all affect the outcome of a case.
As Toronto criminal lawyers Nick and his team of seasoned DUI Lawyers will review the evidence and look for reasons to challenge the charge.
Problems With Breathalyzer Evidence
Breathalyzer results can be challenged when police fail to follow the required testing procedures.
As DUI lawyers we examine:
- Did the police had lawful grounds to demand a breath sample.
- Were the testing procedures and legal requirements were followed.
- Can the breath test results can be relied upon.
These issues can be important when fighting a driving Over 80 charge.
Police Mistakes and Charter Violations
Police must follow the law when stopping, investigating, and arresting someone for impaired driving.
A lawyer can review whether:
- Did the Police had lawful grounds to detain or arrest the driver.
- The accused was given a reasonable opportunity to speak with a lawyer.
- Police obtained evidence in a way that violated Charter rights.
A Charter violation can sometimes result in evidence being excluded from a trial. Here we’ve listed over 25 possible defences to dui charges that could win your case.
Can You Fight a DUI Without Breathalyzer Evidence?
Yes. An impaired driving charge can be challenged even when police did not obtain a breathalyzer reading.
In these cases, the Crown Attorney often relies on police observations, witness statements, and other evidence to prove impairment. Where there is no charge of driving over 80mgs, there is no breathalyzer evidence to present to the court. Evidence that helps support the allegation of impairment.
A lawyer can question the reliability of that evidence and whether it proves the charge beyond a reasonable doubt.
Can a Care and Control Charge Be Withdrawn or Dismissed?
In some care and control cases, the accused person’s intention to drive can be an important part of the defence.
Nicholas Charitsis successfully fought a case involving an impaired person found in the driver’s seat of a parked vehicle. Evidence showed that he had arranged for someone else to drive him home. The court found him not guilty.
Read how Nicholas successfully fought this care and control charge where there was no intent to drive.
Find Out Your Chances of Winning a DUI Charge
The Statistics Canada figures show that thousands of impaired driving cases in Ontario end without a guilty finding. Could your case be one of them?
The only way to assess your chances is to examine the evidence and understand the charges you face.
Speak With Nicholas Charitsis About Your DUI Charge
Nicholas Charitsis is a former Crown Attorney with 20 years of criminal law experience. He has successfully fought hundreds of criminal cases and understands how the Crown Attorney builds an impaired driving prosecution.
When you contact Nicholas, he can:
- Review your disclosure and identify weaknesses in the evidence.
- Explain possible defences and opportunities to have your charge withdrawn or reduced.
- Discuss how he would approach fighting your DUI charge.
You have a lot at stake, including your driver’s licence, employment, insurance costs, and the long-term consequences of a criminal record. Don’t assume a conviction is inevitable.
Call Nicholas Charitsis at 416-731-7113 for a free, confidential DUI case review. Find out where you stand and how he can help you fight your charge.
Frequently Asked Questions About Winning a DUI Charge in Ontario
What Are the Chances of Winning a DUI Charge in Ontario?
According to Statistics Canada, 35.7% of impaired driving cases completed in Ontario’s reporting criminal courts in 2024–2025 ended in an acquittal, stay or withdrawal. For single-charge cases, that figure was 55.2%.
These figures do not predict your personal chances of winning. Nicholas Charitsis can review your evidence and explain whether there are grounds to fight your charge.
Can You Beat a DUI Charge in Ontario?
Yes. DUI charges can be successfully challenged when there are weaknesses in the Crown’s evidence. Problems with breathalyzer testing, police procedures, or Charter violations can affect the outcome.
Nicholas Charitsis can review your disclosure, identify possible defences, and explain how he would approach fighting your impaired driving charge.
What Percentage of DUI Charges Are Withdrawn in Ontario?
According to Statistics Canada, 34.3% of completed impaired driving cases in Ontario were stayed or withdrawn during 2024–2025. Another 1.5% resulted in acquittals.
These are case-level statistics, not individual charge statistics. They also do not tell us why each case was withdrawn or stayed.
Can an Impaired Driving Charge Be Reduced to Careless Driving?
Yes. In exceptional circumstances, an impaired driving charge can be resolved through a plea to careless driving under Ontario’s Highway Traffic Act.
This can help you avoid a criminal conviction. Nicholas Charitsis can review your case and discuss whether a reduced charge is a realistic option. Ontario Crown policy places strict limits on these resolutions.
Is It Worth Fighting a DUI Charge in Ontario?
Yes, it is worth investigating your options before deciding how to proceed. A DUI conviction can affect your driver’s licence, employment, insurance costs, and ability to travel for years.
Nicholas Charitsis offers a DUI case review to examine the evidence, explain possible defences, and help you decide whether to fight your charge.
