DUI & Impaired Driving Defence

Toronto DUI lawyers providing experienced impaired driving defence in Toronto, representing clients at the Criminal Court at 10 Armoury Street. Learn why DUI charges can be fought, how experienced Toronto DUI lawyers challenge the Crown's case, and the legal defences that may be available.
Toronto DUI lawyer walking in Ontario Court of Justice at 10 Armoury Street

Toronto DUI Lawyers | Impaired Driving

As Toronto DUI lawyers, Charitsis Law defends drivers charged with impaired driving, driving over 80, refusing breathalyzer tests, and all driving charges throughout Toronto and the GTA.

Led by former Crown Attorney Nicholas Charitsis, our team of DUI Lawyers has spent more than 25 years fighting impaired driving charges. That experience as reflexed in our hundreds of 5 star Google reviews has taught us the legal issues, problems with the DUI evidence, and the defence strategies to fight a DUI charges.

If you’ve been charged with a DUI offence, speak directly with Toronto DUI lawyer Nicholas Charitsis. He’ll review your case, answer your questions, and explain how your DUI charge can be defended. Call 416-731-7113 today for a confidential consultation.

Impaired Driving (DUI) Charges

Impaired driving, often called DUI, is one of the most common criminal charges in Ontario. A person can be charged if police believe their ability to drive was impaired by alcohol, drugs, or a combination of both.

You can also face an impaired driving charge if you are accused of driving with a blood alcohol concentration over the legal limit, refusing to provide a breath sample, or being in care and control of a vehicle while impaired.

A conviction can result in a criminal record, a driving prohibition, significant fines, higher insurance costs, and, in some cases, jail.

At Charitsis Law, we carefully examine every aspect of the Crown’s case, including the traffic stop, roadside investigation, breath testing procedures, and whether the evidence meets the legal standard required for a conviction.

If you have been charged with impaired driving, speak directly with North York DUI lawyer Nicholas Charitsis to discuss your case and your legal options.

Penalties for DUI & Impaired Driving Charges

What Happens If You Are Convicted?

As DUI lawyers in Toronto, we believe every DUI charge deserves a careful defence. You don’t know what legal or evidentiary issues may arise during the court process or trial until an experienced criminal lawyer reviews your case.

These penalties apply only if you are convicted.

  • Driver’s licence suspension: Most drivers lose their licence immediately after being charged. If you are convicted, the court will impose a driving prohibition, and additional Ministry of Transportation suspensions and licence reinstatement requirements may also apply.
  • Criminal record: A DUI conviction results in a criminal record that can affect employment opportunities, professional licences, volunteer positions, immigration matters, and international travel.
    Learn how a criminal record can affect your future.
  • Fines and possible jail: A first offence carries a mandatory minimum fine of $1,000. Higher minimum fines apply where breath alcohol readings are significantly over the legal limit. Repeat offences and more serious cases can also result in a jail sentence.
  • Higher insurance costs: Insurance premiums often increase significantly following a DUI conviction. Many drivers are required to obtain high-risk insurance, which can cost thousands of dollars more each year.
  • Ignition interlock and licence reinstatement: Before driving privileges are fully restored, many drivers must install an ignition interlock device, complete mandatory education or treatment programs, and pay significant installation, monitoring, and licence reinstatement fees.
  • Employment and travel consequences: A criminal conviction may affect careers that require driving, professional licences, security clearances, and travel to countries such as the United States.
  • The true cost of a DUI conviction: Court fines are often only the beginning. Once increased insurance premiums, ignition interlock costs, licence reinstatement fees, mandatory programs, and other expenses are added together, the total financial impact can easily reach tens of thousands of dollars.

Speak With a Toronto DUI Lawyer

Every DUI case is different. Before making any decisions, speak with Toronto DUI lawyer Nicholas Charitsis. He will answer your questions, explain the possible penalties, review the evidence, and provide practical legal advice about your case.

Want to learn more? Read our complete guide to DUI penalties in Ontario, where we explain driver’s licence suspensions, driving prohibitions, fines, ignition interlock requirements, insurance consequences, and licence reinstatement in greater detail.

Defending DUI Charges in Toronto

Legal issues in DUI charges that shape your defence.

Every DUI defence in Toronto begins with a careful review of the Crown’s disclosure and your version of what happened. We then identify the defences and legal arguments to determine whether the Crown can prove the charge or whether there is a resolution or reduced charge, or will the case go to trial.

When building a defence strategy for a DUI charge, we look for:

  • Weaknesses in the Crown’s evidence
  • Charter of Rights violations
  • Legal issues with the traffic stop or arrest
  • Errors in the breath-testing procedure
  • Inconsistencies in police notes, witness statements, and other evidence
  • Gaps in the timeline of events or unreasonable delays
  • Problems with how evidence was collected, handled, or documented
  • Relevant court decisions and legal precedents that may strengthen your defence

No two DUI cases are exactly alike. Sometimes the strongest defence is a Charter challenge. In other cases, it may involve challenging the breath-testing procedure, the reliability of the evidence, or whether the police followed the legal requirements during the investigation.

★★★★★

“I wish to express my deepest gratitude to Nicholas Charitsis for his support throughout this entire process. Thanks to his expertise and encouragement, the judge ruled in my favour. His availability and guidance were invaluable. A huge thank you for everything you’ve done for me!”

— John D., Google Review

To obtain a conviction, the Crown Attorney must prove the impaired driving with evidence gathered according to the law. This includes the police investigation, the traffic stop, the breathalyzer-testing procedures, and whether your Charter of Rights were respected. When problems are found, they can create strong legal defences for DUI charges.

Meet Our Team of Toronto DUI Lawyers

Experience teaches you what makes a difference in a DUI case.

When you hire Charitsis Law, your case benefits from the experience of a team of Toronto criminal lawyers.

Led by former Crown Attorney Nicholas Charitsis, as Toronto DUI lawyers we work together to review the evidence, discuss defence strategies, and build a strong defence for your case.

Toronto Criminal Lawyer Nicholas Charitsis
Nicholas Charitsis
Toronto DUI lawyer -Marissa Etwaroo
Marissa Etwaroo
Toronto DUI Lawyer-Vadim Paskarou
Vadim Paskarou
Toronto DUI lawyer David Goodman
David Goodman
Toronto DUI lawyer- Dixon Emanuel
Dixon Emanuel
Toronto DUI lawyer Jeffrey Berman
Jeffrey Berman

Why People Charged With DUI Choose Charitsis Law

  • Former Crown Attorney leading the defence strategy
  • 25+ years of criminal & DUI defence experience in Ontario courts
  • Senior Toronto DUI lawyers defending impaired driving charges
  • Hundreds of Winning Google reviews from former clients with similar cases
  • Speak directly with Nicholas Charitsis about your case
  • No-cost initial consultation before you decide what to do next

Backed by hundreds of Google reviews, Charitsis Law has earned a reputation for strong criminal defence representation, client service, and winning DUI defence. Our lawyers regularly appear in the Toronto criminal courts, challenging evidence, cross-examining witnesses, while defending clients at trial.

Unlike many larger law firms, Nicholas Charitsis personally speaks with prospective clients. If you have been charged with impaired driving, call 416-731-7113 and discuss your case.

DUI Penalties In Toronto

What’s at Risk If You’re Convicted of a DUI in Toronto?

The penalties for a DUI have serious consequences. The penalties for DUI affect your licence, finances, employment, and ability to travel. Persons with immigration applications may be seriously at risk.

  • Possible Jail Sentence – While jail is not mandatory for a first impaired driving conviction in Toronto, it remains a possibility in more serious cases, particularly where are high alcohol readings, accidents, injuries, or other aggravating factors.
  • Criminal Record – A DUI conviction results in a criminal record for life. A criminal records affect employment opportunities, professional licences, volunteer positions, immigration matters, and international travel.
  • Driving Prohibition – Upon conviction of any DUI charge, the Toronto courts will impose a mandatory driving prohibition that prevents you from driving anywhere in Canada. The prohibition is at least one year and may be longer depending on the circumstances and any prior convictions.
  • Medical Assessments & Programs – Before a licence can be reinstated, drivers may be required to complete education programs, treatment programs, medical assessments, or other Ministry-approved requirements. These additional steps can create significant delays and costs.
  • Ignition Interlock Requirements – Many drivers must participate in Ontario’s Ignition Interlock Program before regaining full driving privileges. This requires a breath-testing device to be installed in the vehicle at the driver’s expense, along with ongoing monitoring and maintenance fees.
  • Increased Insurance Costs – A DUI conviction often results in substantially higher insurance premiums. Many drivers are put into high-risk insurance for several years, and insurance costs may double or even triple.
  • Travel Restrictions – A criminal record can create difficulties travelling to other countries, including the United States. Many people convicted of impaired driving are denied entry into the USA.
  • Employment & Professional Consequences – Certain employers, professional regulators, and licensing bodies may require disclosure of a criminal conviction. This can be particularly important for professionals, commercial drivers, and individuals working in positions of trust.

The full impact of a DUI conviction is one of the reasons it is important to obtain legal advice before deciding whether to plead guilty.

Many of the clients represented by Charitsis Law have had their case go to trial, whereupon the judge found them not guilty of the offence.

Financial Consequences of a DUI Conviction

The True Cost of a DUI Conviction Goes Far Beyond the Fine

Expense CategoryEstimated Cost Range
Fine + Surcharges$1,200 – $2,500
Administrative Penalty$550
Licence Reinstatement Fees$280 – $500+
Ignition Interlock (Install)$1,000 – $1,500
Ignition Interlock (Monthly)$1,200 – $1,800 (1 year)
Back on Track Program$600 – $1,000
Medical Assessments$300 – $800
Insurance Increases (5 yrs)$20,000 – $30,000+

| Total Estimated Cost | $25,000 – $40,000+

Can You Fight A DUI Charge?

Being charged with DUI does not automatically mean you’ll be convicted.

Yes, you can fight a DUI charge in Toronto, and you should. Given the serious consequences of an impaired driving conviction, it is important to do everything possible to challenge the charge, to protect yourself, and work to have the charges dropped.

Just because the police have laid a charge does not automatically mean you are guilty. As Toronto DUI lawyers, we have helped hundreds of people fight impaired driving charges. Read our Google reviews to see why so many people have trusted Charitsis Law to defend them.

Before anyone can determine whether a DUI charge can be successfully challenged, the entire case must be carefully reviewed, including:

  • Your version of events
  • Police notes and disclosure
  • Breath testing records
  • The circumstances of the traffic stop
  • Potential Charter violations & legal arguments
  • Weaknesses in the Crown’s evidence

As DUI lawyers, we do more than just read the disclosure. We listen to your side of the story, compare your version of events against any police evidence, and analyze how all of the pieces fit together.

How DUI Lawyers Build Your Defence

It is often only through this discovery process that legal issues, inconsistencies, weaknesses in the Crown’s case become apparent.

Until the entire case has been reviewed by a lawyer experienced in DUI defence, you don’t really know whether the charge can be challenged, any errors, legal issues or the defence strategies.

When you call Charitsis Law, you’ll speak directly with Toronto DUI lawyer Nicholas Charitsis. By reviewing your version of events alongside the police disclosure and breath testing records, Mr. Charitsis can tell you the potential defences, show you the strengths and weaknesses of the Crown’s case, and help you understand how we can fight your dui offence.

★★★★★

“Thank you to Vadim and Charitsis Law for all their help. My DUI charge was dropped to a careless driving ticket. It was my first experience being involved with the law, and Vadim was very informative and helpful throughout the entire process. He explained everything clearly, kept me updated, and made a very stressful situation much easier. I highly recommend Charitsis Law.”

— Antoneta Antony

★★★★★ Google Review

Breathalyzer Evidence & DUI Defence

Can Breathalyzer Results Be Wrong?

Having reviewed hundreds of DUI charges, we know that sometimes police officers and breathalyzer technicians can make mistakes. The police must follow strict legal procedures when investigating impaired driving, administering breath tests, and collecting evidence.

As an example, when investigating DUI charges, the police officers are timed. There are times that are important for breathalyzer test results that must be done properly, such as:

  • time of offence
  • time of arrest
  • time of the breathalyzer demand
  • time taken to get to the police station
  • time between arriving and placed before the breathalyzer technician
  • time between the two breathalyzer tests

If any of these times are wrong or inconsistent, it can can dramatically affect the outcome of your charges.

The key issue is whether the Crown Attorney can prove the driver’s blood alcohol level was over the legal limit within two hours of driving. If the first breath sample is taken later than two hours, the Criminal Code applies a special calculation rule. As a result, the timing of the breath demand, arrest, and testing can become important evidence in a DUI defence.

Were Your Charter of Rights Violated?

When legal rights have been violated it can affect your case. Every person charged with a criminal offence has rights protected by the Canadian Charter of Rights and Freedoms, and the police must respect those rights throughout the investigation.

Charter of Rights violations can include such things as:

  • Was the traffic stop was lawful.
  • Did police had legal grounds to demand a breath sample.
  • Were you advised of your right to speak with a lawyer without delay.
  • Were you were given a private opportunity to speak with a lawyer.
  • Are there were unreasonable delays before breath testing.
  • Did police followed the proper breath-testing procedures.
  • Were your Charter rights were otherwise violated during the investigation.

When Charter rights have been violated, it can create important legal defences that may not be obvious to someone unfamiliar with the criminal justice system. In many cases, those Charter of Rights violations result in charges being reduced, withdrawn, or dismissed altogether.

The DUI Court Process In Toronto

What to expect after being charged with DUI.

Most impaired driving charges in Toronto are heard at the Ontario Court of Justice at 10 Armoury Street. While every case is different, most impaired driving charges follow a similar court process.

First Court Appearance

Your first court appearance is not a trial. The purpose of this court date is to receive disclosure, advise the court whether you have spoken with a lawyer, and schedule the next steps in your case.

Disclosure Review

Disclosure is the evidence the Crown Attorney intends to rely upon in court to convict you. It often includes police notes, witness statements, breath testing records, and other documents relating to the investigation.

Many people leave court with disclosure but are unsure what it means or what they should do next. This is often the stage where people first learn whether there are legal defences available and how strong the Crown Attorney’s case really is.

If you have received disclosure from the Crown Attorney, call and speak with Nicholas Charitsis. The only way to understand the legal defences that may be available to you is to have the evidence carefully reviewed by an experienced DUI lawyer.

After reviewing the evidence and hearing your side of the story, Mr. Charitsis can explain the legal defences he sees, discuss the strengths and weaknesses of the case against you, and explain how he would approach defending your DUI charge.

Before making any decisions about your case, it is important to understand the evidence, the legal issues involved, and the options available to you.

Pre-Trial Discussions

After the disclosure has been reviewed and you decide to retain Charitsis Law, we will arrange a pre-trial discussion with the prosecutor. During that meeting, we will raise any legal issues we’ve have identified, challenge weaknesses in the evidence, and discuss any concerns looking to have the charge dropped.

These discussions may involve legal defences, Charter violations, witness credibility issues, disclosure concerns, or other problems that affect the crowns’s ability to prove the charge.

In some pre-trials, charges can be withdrawn, reduced, or resolved without proceeding to trial. The approach taken will depend on the evidence, the legal issues involved, and the strengths of our team.

Defending DUI Charges at Trial

How our Toronto DUI lawyers defend your case at trial.

Cross-Examining Police Officers and Witnesses

If your DUI charge proceeds to trial, our Toronto DUI lawyers challenge the Crown Attorney’s evidence and advance every available legal defence. Police officers, breath technicians, and other witnesses must testify in court and are subject to cross-examination.

During cross-examination, we may challenge:

  • Inconsistencies in the officer’s evidence
  • Conflicts between police notes and testimony
  • The reliability of witness evidence
  • Observations made during the investigation
  • The accuracy of the police investigation

Reviewing Breath-Testing Records and Evidence

Breathalyzer evidence is often central to a DUI prosecution. We carefully review the Crown’s disclosure to determine whether the legal requirements were followed and whether the evidence is reliable.

This may include reviewing:

  • Police notes
  • Approved Instrument printouts
  • Breath test results
  • Breath technician records
  • Witness statements
  • Video evidence
  • Other Crown disclosure

Some DUI cases are defended by challenging the lawfulness of the police investigation or relying on previous court decisions.

These legal arguments may involve:

  • Charter of Rights violations
  • Unlawful detention or arrest
  • Right to counsel issues
  • Problems with the breath demand
  • Relevant Ontario case law and legal precedents

The Crown Must Prove the Charge

Proving the charge to the judge always rests with the Crown Attorney. Before a judge can convict you, every part of the offence must be proven legally and beyond any doubt.

To obtain a conviction, the Crown must prove:

  • The police investigation was lawful
  • The breath-testing procedures complied with the law
  • The evidence presented at trial is reliable
  • Your Charter rights were respected
  • The evidence proves the charge beyond any doubt

If the Crown cannot prove the charge legally, the court cannot convict you.

Every DUI trial is different. The defence strategy depends on the evidence, the applicable law, and the specific facts of your case. Our goal is to identify every available defence, challenge the Crown’s case, and present the strongest legal arguments on your behalf.

Speak With A Toronto DUI Lawyer Today

Oshawa Criminal Lawyer Nick Charitsis

If you have been charged with impaired driving, over 80, refusal, or any drinking and driving offence, speak with Nicholas Charitsis before making any decisions about your case.

A DUI conviction can affect your driver’s licence, criminal record, employment opportunities, insurance rates, and ability to travel. Before accepting those consequences, make sure you understand your options.

Whether you were charged last night or have already attended court, Nicholas Charitsis can review the circumstances of your arrest, explain the legal defences available, assess the strength of the Crown Attorney’s case, and discuss how he would approach defending your charge.

Call 416-731-7113 today and speak directly with DUI lawyer Nicholas Charitsis.

Make your decision after speaking to a lawyer so you know the facts.

FAQs from our Toronto DUI Lawyers

Q. What Are The Chances Of Winning A DUI Case?


A. Every impaired driving case is different and the outcome depends on the facts, evidence, and circumstances surrounding the arrest. However, many impaired driving charges are more defensible than people first believe.

Our DUI lawyers regularly identify issues involving police procedures, Charter rights, breathalyzer testing, witness evidence, and disclosure. These issues can affect the Crown Attorney’s ability to prove the charge and may result in charges being withdrawn, reduced, or successfully defended at trial.

The best way to assess your chances of success call and speak to Mr. Charitsis. With years of experience at the Toronto courts, Nick will be able to answer all your questions about your case.

Q. Can A DUI Charge Be Dropped In Toronto?


A. Yes. In many cases, DUI charges are withdrawn after legal issues are identified in the evidence or our investigation.

The Crown Attorney must prove the charge beyond a reasonable doubt using reliable evidence obtained legally and in accordance with the Criminal Code. Problems involving breathalyzer testing, police procedures, Charter violations, witness evidence, or documentation can all affect the strength of the case.

A careful review of the evidence and the disclosure is the first step, call and learn from a top DUI lawyer what defences fit in your case.

Q. Do I Need A Lawyer For A DUI Charge?


A. While you are not legally required to hire a lawyer, it is strongly recommended. Most people charged with a DUI have never been through the criminal court process and are not prepared to challenge police evidence, cross-examine witnesses, make legal arguments, or present their case before a judge.

Judges and Crown Attorneys will often encourage accused persons to obtain legal advice before making important decisions about their case. Pleading guilty without understanding the evidence or available defences can have long-term consequences.

Before deciding how to proceed, speak with an experienced Toronto DUI lawyer and understand your options.

Q. Is There A Cost To Speak With Your DUI Lawyers About My Case?


A. No. There is never a charge to speak with Mr. Charitsis about fighting your DUI charge.

Whether you were charged last night or have already attended court, Nicholas Charitsis is happy to discuss your situation, answer your questions, and explain how our team of some of Toronto’s best dui lawyers can help you.

Many people are surprised to learn there are many legal issues that can affect the evidence or the police investigation. Before making any decisions, it makes sense to have your case reviewed.

Q. Will I Lose My Driver’s Licence After A DUI Charge?


A. Most drivers charged with impaired driving receive an immediate 90-day administrative driver’s licence suspension. If convicted, additional driving prohibitions, ignition interlock requirements, and licence reinstatement obligations may apply.

The consequences depend on the circumstances of the case and whether there are previous convictions. Because your ability to drive may be significantly affected, it is important to understand the strength of the Crown Attorney’s case and the legal defences that may be available.

Q. How Likely Is Jail Time For A First DUI In Ontario?


A. Rare, Jail is not mandatory for a first DUI conviction in most standard cases. However, more serious circumstances can increase the risk of a custodial sentence.

Factors such as very high breathalyzer readings, accidents, injuries, prior criminal records, or other aggravating circumstances may affect sentencing. Every case is different and the outcome depends on the specific facts and evidence.

Before assuming the worst, speak with Nicholas Charitsis. A careful review of the evidence can help determine the strength of the Crown Attorney’s case, the available legal defences, and the realistic range of outcomes. the worst.

Inside the Belleville Criminal Court House
Criminal charges are prosecuted and defended in the Toronto court system in courthouses like this throughout the city

Toronto Criminal Lawyers

Protecting clients facing criminal charges with strong defence strategies, thorough case preparation, and effective courtroom advocacy

  • Extensive criminal defence experience
  • Respected by Crown Attorneys and the Toronto courts
  • Strategic defence planning for every case
  • Strong courtroom and trial advocacy

When You Need to Win

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Toronto Criminal Court house - 10 Armoury St Toronto
Toronto Criminal Court house – 10 Armoury St Toronto

Toronto DUI Lawyer Reviews

Antoneta Antony

★★★★★ Thank you to Vadim and Charitsis Law for your kind help. My DUI charge was dropped to a careless driving ticket. It was my first experience being involved with the law and Vadim was very informative and helpful throughout the entire process. He explained everything clearly and kept me updated as the case moved forward. I am extremely satisfied with the outcome and very grateful for the help I received. I highly recommend Charitsis Law.

Jerry Devellis

★★★★★ By far the best DUI lawyer in Toronto. Nicholas and his team are hard-working specialists in criminal law. Nick was always available to answer questions and guided me through the entire process from start to finish. Facing a DUI charge was extremely stressful, but they made sure I understood everything that was happening with my case. In the end all charges were dropped. I cannot thank Nicholas and his team enough.

Sam G

★★★★★ I contacted Nicholas after I was charged with an over-80 offence and it was an extremely stressful time for me and my family. From the very first conversation he was professional, reassuring, and explained what to expect from the court process. He carefully reviewed the evidence and kept me informed throughout the case. In the end the charge was reduced to a ticket with no criminal conviction. I am extremely thankful for the work Nicholas and his team did.

Sunzida Ferdoues

★★★★★ Hello there everyone, I cannot describe how happy we are with Charitsis Law. We felt completely lost because our previous lawyer had mishandled the file and everything about the situation was new and extremely stressful. After reaching out, the team reviewed the case and took it on. They worked diligently with us, explained the process clearly, and stayed committed to achieving a favourable outcome. Thanks to their work we can finally breathe again.

Michael McNamara

★★★★★ I was facing serious criminal charges related to a driving incident and had no idea how serious the situation could become. Nicholas Charitsis and his team handled the case with professionalism and great attention to detail. They explained the legal process clearly and kept me informed throughout the case. I am extremely grateful for the help and guidance they provided during a very difficult time.

Luther Bootz

★★★★★ I want to thank the entire team for the extraordinary work they did on my case. From the beginning they were professional, responsive, and extremely thorough in reviewing every detail of the matter. They took the time to explain the process and answer my questions whenever I had concerns. Their preparation and experience were very clear throughout the case and I would highly recommend them to anyone facing criminal charges.

Dan Benjie Pascua

★★★★★ Before contacting this firm I had spoken with several other lawyers who only made the situation seem even more stressful and confusing. Nicholas and his team were completely different. They explained everything clearly, answered my questions, and helped me understand the process from the beginning. Their professionalism and experience gave me confidence during a very difficult time and I would strongly recommend them.

Read More Google Reviews

Toronto DUI Case Law

These DUI case decisions show how courts in Toronto and across Ontario assess evidence, including breath testing, police procedure, and legal standards. Decisions are publicly available through CanLII and help explain why impaired driving charges can often be challenged in court.

R. v. Andrews (1996)
Alberta Court of Appeal overturns conviction and highlights concerns with how driving impairment evidence is evaluated.

Read DUI case example ›

R. v. Bernshaw
Examines the legal grounds for breathalyzer demands and issues related to reliability in DUI testing.

Read impaired driving case ›

R. v. Mok
Focuses on Charter rights and privacy concerns during a DUI investigation.

How this DUI case was defended ›

R. v. Roberts
Acquittal based on insufficient BAC evidence and issues related to Charter protections.

DUI case result ›

R. v. Stankewich
Not guilty verdict despite a roadside breath test failure, highlighting evidentiary concerns.

Read this successful DUI defence ›

R. v. Stark
Emphasizes the importance of proper legal grounds for breath demands in DUI cases.

How this DUI case was fought ›

Winning Case Results

Charges Dismissed – Insufficient Evidence

The prosecution must prove impairment beyond a reasonable doubt. Evidence such as poor driving or alcohol consumption alone is not enough. Where the proof falls short, the court may dismiss the charges. View DUI case result ›››

DUI Cases Won – Reasonable Doubt at Trial
A refusal charge requires proof beyond a reasonable doubt that the accused intentionally failed to comply with a lawful demand. Where the evidence is unclear or inconsistent, the court may find reasonable doubt and dismiss the charge. Read DUI case example ›››
Refuse Breath Test – Reasonable Doubt at Trial
The Crown must prove beyond a reasonable doubt that the refusal was clear and intentional. If the evidence is inconsistent or unclear, the charge may not meet the legal standard and can be dismissed. See how this DUI charge was defended ›››
Time Delays – 11(b) Charter Application
Excessive delay in bringing a case to trial can violate Charter rights. When timelines become unreasonable, a successful 11(b) application may result in the charges being dismissed before trial. Read DUI case example ›››
Breathalyzer Calibrations & DUI Defence
Breathalyzer results must be reliable to support a conviction. If the device is not properly tested or maintained, the results may be challenged, weakening the Crown’s case. Read impaired driving case ›››
Right to Consider Options
A refusal must be clear and unequivocal. The law allows a person time to understand the situation and consider their options before responding to a demand. View DUI case result ›››
DUI Defence – Reasonable Doubt
A conviction requires proof beyond a reasonable doubt. Even where there is evidence of drinking or poor driving, the case may fail if the Crown cannot meet this standard. RRead DUI case example ›››
Identity Issues in Care & Control Cases
The Crown must prove the accused was in care or control of the vehicle. If identity is unclear or not proven, the charge cannot succeed. See how this DUI charge was defended ›››
Identity Issues in DUI Defence
The prosecution must prove who was driving or in control of the vehicle. If identity is in doubt, the case may fail and the charge can be dismissed. Read DUI defence ›››
Intent to Drive – DUI Defence
In care and control cases, intent matters. If there was no intention to operate the vehicle and an alternative plan existed, the charge may not be proven. DUI case result ›››
DUI Cases Won – Medical Defence
Medical conditions can mimic signs of impairment. Where evidence shows symptoms were caused by a medical issue, charges may be withdrawn or dismissed. Read DUI case result ›››