What Happens After Being Charged with a DUI?
After being charged with 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, an experienced DUI lawyer can help you understand the court process, review the evidence, and make informed decisions about your case. This guide explains what usually happens after a DUI charge in Ontario and the steps you should consider before making any decisions.
Have questions about your DUI charge? Nicholas Charitsis is a former Crown Attorney with more than 25 years of experience defending impaired 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 impaired driving conviction.
Don’t worry if you don’t understand every document. A DUI lawyer can explain what each one means and whether there are any issues with the paperwork or the evidence.
Immediate Driver’s Licence Suspension
If you’re charged with impaired driving 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.
What Happens at Your First Court Appearance?
Your first court appearance is usually scheduled several weeks after you’re charged with impaired driving. 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.
What Happens 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 DUI 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.
Identifying Legal and Evidentiary Issues
Every impaired driving case is different. Your lawyer will review the evidence to determine whether there are any legal or evidentiary issues that could affect the prosecution’s ability to prove the charge.
These issues may include:
- Whether the police had lawful grounds to stop your vehicle.
- Whether the investigation followed the proper legal procedures.
- The timing of the investigation and breath testing.
- Whether the breath testing process complied with the law.
- The reliability and completeness of the evidence.
- Charter issues that may affect the admissibility of evidence.
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 impaired driving charges in Toronto courts, he understands how DUI 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 DUI charge, call Nicholas Charitsis today at 416-731-7113.
Should You Plead Guilty to a DUI Charge?
Many people ask this question after receiving the disclosure or attending their first court appearance. Before making that decision, it’s important to understand both the evidence against you and the consequences of a conviction.
Understand the Consequences Before You Decide
A guilty plea results in a criminal conviction. Depending on your circumstances, the consequences may include:
- A permanent criminal record.
- A mandatory driving prohibition.
- Significant fines and court costs.
- Dramatically higher insurance rates.
- Travel restrictions to some countries.
- Possible employment consequences.
Because the consequences of a DUI conviction can be serious, don’t make one of the most important decisions in your case until you fully understand the evidence against you and the legal options available.
At Charitsis Law, we carefully review the disclosure before recommending how a case should proceed. Every impaired driving case is different, and until the evidence has been examined, it may not be clear what legal or evidentiary issues exist or what defence strategies may be available.
If you’d like to learn more about the possible consequences of a conviction, read our guide to DUI Penalties in Ontario.
How Does a Lawyer Decide the Best Way to Proceed?
After you’ve received the disclosure, you’ll usually have another court date to advise the court how you intend to proceed, called a “To Be Spoken To Date”.
We’ll then arrange a pre-trial with the Crown Attorney to discuss the evidence and any legal issues that may affect your case. After that meeting, we’ll come back to you, explain where your case stands and the opinion about the case from the crown attorney’s point of view.
Depending on the circumstances, your case may involve:
- Resolving the case without a trial, where appropriate.
- Requesting additional disclosure or investigation.
- Raising legal or evidentiary issues with the Crown.
- Preparing your case for trial.
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 impaired driving charges in Toronto courts, he’ll review your case, answer your questions, and explain the defence strategies that may be available.
Can a DUI Charge Be Defended?
Yes. Every impaired driving case can be defended.
A DUI charge does not automatically mean you will be convicted. The Crown must prove the charge beyond a reasonable doubt, and every case should be carefully reviewed to determine whether there are legal or evidentiary issues that may affect the outcome.
What We Review in Every DUI Case
Our criminal defence team carefully examines every impaired driving case, including:
- The reason the police stopped your vehicle.
- How the police conducted their investigation.
- Whether your Charter rights were respected.
- How the breath testing was carried out.
- The strength and reliability of the Crown’s evidence.
- Whether the Crown can prove the charge beyond a reasonable doubt.
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 impaired 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 DUI 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 impaired driving cases, read our guide to 25 Possible Defences to DUI Charges in Ontario.
Speak With Toronto Criminal Lawyer Nicholas Charitsis
If you’ve been charged with impaired driving, you don’t have to face the court process alone.
Nicholas Charitsis is an experienced Toronto criminal lawyer, former Crown Attorney, and has been defending impaired driving charges for more than 25 years. He’ll answer your questions, explain the court process, review the evidence, and give you straightforward advice about the best way to proceed.
Whether you’ve just been released by the police, are preparing for your first court appearance, or have already received your disclosure, we’re here to help.
Call 416-731-7113 today to speak directly with Nicholas Charitsis and learn how our criminal defence team can help defend your DUI charge.
Frequently Asked Questions about DUI Charges
Should I Hire a DUI 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 DUI 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.
Can My DUI Charge Be Dropped Before Trial?
Yes. It’s possible for an impaired driving charge to be withdrawn before trial, but every case is different.
One of the most important stages of a DUI case is the pre-trial. After reviewing the disclosure, our criminal defence team can meet with the Crown Attorney to discuss the evidence, identify legal or evidentiary issues, and explain why the Crown may have difficulty proving the charge.
If there are significant weaknesses in the Crown’s case, the pre-trial may result in:
- The charge being withdrawn.
- A resolution that is more favourable than originally offered.
- Additional disclosure being provided.
- The case proceeding to trial if the issues cannot be resolved.
Not every pre-trial results in a charge being withdrawn. However, it is often the first opportunity for our criminal defence team to identify weaknesses in the Crown’s case, present legal arguments, and advocate on your behalf.
Whether a charge can be withdrawn depends on the evidence, the law, and the specific facts of your case.
