After Being Charged with a DUI
After being charged with impaired driving or a dui most people don’t know what happens next or what they should do first.
While every case is different, speaking with Nicholas Charitsis, a lawyer experienced in impaired driving defence can help you understand the court process, review the evidence, and make informed decisions about your case. This guide explains what usually happens after being charged with a drinking and driving offence in Ontario and the steps you should consider before making any decisions.
Have questions about your charge? Nicholas Charitsis is a Toronto criminal lawyer and former Crown Attorney with more than 25 years of experience defending drinking and driving charges in Toronto. Call 416-731-7113 to speak with him directly.
Release From the Police Station
Most people are released after they have been processed at the police station. Before you leave, you’ll receive several important documents. Keep them together in a safe place because you’ll need them throughout your case.
You may receive:
- Appearance Notice or Promise to Appear: Tells you when and where you must attend court.
- Undertaking or Recognizance: Lists any conditions you must follow until your case is finished.
- Certificate of Analysis: Shows the results of your breath tests, if breath samples were taken.
- Notice of Driver’s Licence Suspension: Confirms your 90-day licence suspension.
- Vehicle Impound Information: Explains where your vehicle has been taken and how to recover it.
- Notice of Increased Penalty: May be provided if the police believe you have a previous driving conviction.
Don’t worry if you don’t understand every document. We can explain what each one means and whether there are any issues with the paperwork or the evidence.
Driver’s Licence Suspension
If you’re charged with a drinking and driving charge in Ontario, your driver’s licence will usually be suspended immediately under Ontario’s Administrative Driver’s Licence Suspension (ADLS) program. This suspension is separate from your criminal court case.
What you should know:
- Length: The suspension is usually 90 days.
- Starts immediately: You cannot legally drive once the suspension takes effect.
- Separate from court: The suspension applies even though your criminal charge has not yet been decided.
- Notice of Suspension: You’ll receive a document showing when the suspension begins and ends.
- Future driving prohibition: If you’re convicted, the court may also impose a separate driving prohibition.
Understanding the difference between the 90-day administrative suspension and any later court-ordered driving prohibition can help you better understand what to expect.
Vehicle Impoundment
In most cases, the vehicle you were driving will also be impounded for seven days.
What you should know:
- Length: The impoundment is usually 7 days.
- Who pays: You’ll normally be responsible for the towing and storage costs.
- Not your vehicle? Even if the vehicle belongs to someone else, it may still be impounded.
- Getting it back: The police will tell you where the vehicle has been taken and how it can be recovered after the impoundment ends.
The vehicle impoundment is separate from your criminal charge and happens whether you’re ultimately convicted or not.
Your First Court Appearance
Your first court appearance is usually scheduled several weeks after you’ve been charged. In most cases, this is not your trial. It is an administrative court date that starts the court process.
Do I Have to Attend the Court?
If you have hired us as your defence lawyer before your first court appearance, many times we can appear for you by filing a Designation of Counsel with the court. This means you may not have to attend court for this appearance.
If you haven’t hired a lawyer, you are required to attend court yourself. The time date and address for your hearing is on the paperwork you received from the police, usually on the form called the “Promise to Appear”.
What Happens in the Courtroom?
When you arrive, take a seat in the courtroom and wait for your name to be called. The Crown Attorney will usually deal with lawyers first before calling people who are not represented to the front of the court room.
When your name is called:
- Walk to the front of the courtroom.
- The crown attorney will usually introduce the case to the judge and may ask you some questions about,
- If you have hired a lawyer
- Have you received any legal advice
- How you might be considering proceeding with your charges
- If you are at court by yourself and your lawyer has not filed a Designation of Counsel, you’re lawyer would normally give you a letter for the Crown Attorney confirming that they represent you.
- The Crown Attorney will usually provide you with the police disclosure, which is the police evidence and other information they intend to rely on.
- The Crown attorney will say, take the disclosure, review with your criminal lawyer, and then come back and tell us how you intend to proceed or have the lawyer contact the Crown Attorney.
- Your case is usually adjourned to another court date, often called a “to be spoken to” date.
You’re expected to take the disclosure to the lawyer, review the case with them, decide how you intend to proceed, to which the lawyer will then usually make a call to set up a pretrial hearing with the Crown Attorney.
After Your First Court Appearance
Once your first court appearance is over, the focus shifts from scheduling court dates to reviewing the evidence and deciding how your case should proceed. This is often the most important stage of a criminal case because it allows your lawyer to identify legal and evidentiary issues that may affect the outcome of your case.
Reviewing the Disclosure
The disclosure package usually includes the police officers’ notes, witness statements, breath testing records (where applicable), video recordings, and other evidence the Crown intends to rely on in court.
Your lawyer carefully reviews this material to understand exactly what happened and whether there are any weaknesses or legal issues that should be investigated further.
Speak With Nicholas Charitsis About Your Disclosure
Once you’ve received your disclosure, this is a good time to call and speak with Nicholas Charitsis. As a former Crown Attorney with more than 25 years of experience defending drinking and driving charges in Toronto courts, he understands how cases are investigated, how the Crown prepares its case, and what legal and evidentiary issues should be carefully examined.
If you’ve received your disclosure and would like experienced legal advice about your charge, call Nicholas Charitsis today at 416-731-7113.
If you have questions about your own case, call Nicholas Charitsis at 416-731-7113. As a former Crown Attorney with more than 25 years of experience defending driving charges in Toronto courts, he’ll review your case, answer your questions, and explain the defence strategies that may be available.
What Happens If My Case Goes to Trial?
If your case cannot be resolved, the next step may be a trial. At trial, the Crown must present evidence to prove the charge beyond a reasonable doubt. Your lawyer has the opportunity to challenge the evidence, cross-examine witnesses, raise legal arguments, and present any defence that applies to your case.
Many driving cases involve complex legal and evidentiary issues. Going to trial does not mean you will be convicted. It means the Crown must prove its case in court.
Every case is different. The defence strategy depends on the facts of your case and the evidence available.
If you’d like to learn more about the legal issues that can arise in driving cases, read our guide to 25 Possible Defences to DUI Charges in Ontario.
Frequently Asked Questions
Should I Hire a Lawyer Before My First Court Appearance?
Not necessarily, but many people find it helpful.
You don’t have to hire a lawyer before your first court appearance. Some people prefer to attend court first, receive the disclosure, and then decide what to do next.
However, speaking with a lawyer early can give you peace of mind. We can explain what to expect in court, answer your questions, discuss the documents you received from the police, and help you understand the next steps in the process.
In many cases, if you hire our criminal defence team before your first court date, we can appear on your behalf by filing a Designation of Counsel, meaning you may not have to attend that appearance yourself. This can save you time, reduce stress, and, for some people, help avoid the attention that can come with appearing in a public courtroom.
Every case is different, but many people feel more confident after getting legal advice early rather than waiting several weeks for their first court date.
What Happens If I Don’t Have a Lawyer at My First Court Appearance?
Don’t worry. Many people attend their first court appearance without a lawyer.
In most cases, the court will give you time to get legal advice before asking you to decide how you want to proceed. Your case will usually be adjourned to another court date, often called a “to be spoken to” date.
During that time, you’ll have an opportunity to:
- Speak with a criminal defence lawyer.
- Review the disclosure provided by the Crown.
- Get answers to your questions.
- Decide how you want to proceed with your case.
When you return to court, you’ll usually be expected to advise the court whether you’ve hired a lawyer or how you intend to proceed. If you’ve retained our criminal defence team, we can often appear on your behalf by filing a Designation of Counsel, meaning you may not have to attend that court appearance yourself.
The first court appearance is generally not the stage where important decisions about your case are made. It’s an opportunity to make sure you have the information and legal advice you need before deciding what to do next.
Can I Speak to the Crown Attorney Myself?
Yes. If you don’t have a lawyer, you can speak with the Crown Attorney about your case.
However, it’s important to understand that the Crown Attorney is not your lawyer. The Crown represents the prosecution and is responsible for presenting the evidence against you. They cannot give you legal advice or tell you whether you should plead guilty or take your case to trial.
If you’re unsure about your options, it’s usually best to get legal advice before making any important decisions. An experienced criminal defence lawyer can review the disclosure, explain the strengths and weaknesses of the evidence, discuss any possible defences, and help you decide how to proceed.
If you’ve hired our criminal defence team, we’ll communicate with the Crown Attorney on your behalf, discuss the evidence and any legal issues, and keep you informed throughout your case.
What Is Duty Counsel?
Duty Counsel is a lawyer who is available at the courthouse to provide free legal assistance to people who do not yet have their own lawyer.
Duty Counsel can:
- Explain the court process.
- Help you understand what is happening in court.
- Speak to the court or the Crown Attorney on your behalf.
- Request an adjournment so you have time to hire a lawyer.
However, Duty Counsel does not provide ongoing representation or prepare your defence.
They generally do not:
- Carefully review your disclosure.
- Conduct a pre-trial with the Crown Attorney on your behalf.
- Develop a defence strategy for your case.
- Prepare your case for trial.
- Represent you throughout your case.
Duty Counsel is there to help you through today’s court appearance. Your own criminal defence lawyer is there to defend your case from beginning to end.
If you’ve been charged with impaired driving, our criminal defence team can review your disclosure, explain the strengths and weaknesses of the Crown’s case, conduct pre-trials with the Crown Attorney, negotiate where appropriate, and prepare your defence if your case proceeds to trial.
