Many Ontario drivers who are pulled over or arrested for DUI invariably make mistakes that can end up hurting their cases, says Jeff Mass , co-managing partner of the Greater Toronto Area’s Mass Tsang law firm. “Driver interactions with police are inevitably stressful and become even more so if the police decide to charge the driver with DUI,” he notes. “Such stress can easily lead a driver to make an error of judgment that can compromise potential defences against the charges.”
Jeff’s co-managing Mass Tsang partner, Robbie Tsang , adds, “Punch the arresting officer? — huge mistake. Throw-up on the officer’s shoes? — perhaps more an accident than a mistake, but certainly one that likely complicates the defence.” Robbie continues, “We have had to defend clients who’ve made such mistakes when arrested for DUI, but most of our clients tend to make more mundane critical errors.”
With this in mind, the expert DUI lawyers of Mass Tsang present you with the following eight most common mistakes Ontario drivers make during a DUI stop that can compromise their ability to mount an effective defence. We’ll also review the most frequently asked questions our clients ask about what they should do or not do after a DUI stop.
Based on the protections provided by the Canadian Charter of Rights and Freedoms , drivers do not have to provide the police with any information beyond their identity, licensing, and vehicle ownership details during a DUI stop. However, many drivers stopped by Ontario police strive to defuse the threat of a DUI arrest by freely chatting with the officer(s). Admitting to an officer that, yeah, you had a couple of beers, but that was hours ago, or that you are coming from a party, is not going to prevent them from arresting you for DUI if warranted. Because anything you say can be used against you in court, it’s best to exercise your Charter Right to remain silent by only providing the required identifying information.
Another frequent mistake made by drivers during DUI stops is losing one’s cool and escalating the situation by becoming argumentative, defensive, and even belligerent. The police are in the proverbial driver’s seat during a DUI stop and will likely take offence if so challenged. While this can make officers more motivated to investigate the driver’s potential impairment, such behaviour can also be perceived by officers as a sign of impairment.
Based on 2018 revisions to the Criminal Code, Canadian police can require any person operating a motor vehicle to undergo roadside breath screening for alcohol impairment. Drivers who refuse an officer’s demand for such screening are subject to arrest for the offence, which carries the same penalties as a standard DUI. Thus, we advise clients to always comply with demands for roadside screening. However, drivers should always take note of whether the officer has the required screening device in their possession, as this is mandated under Section 320.27 of the Criminal Code. We have successfully encouraged judges to dismiss DUI charges when officers have made the demand before securing possession of a device from another officer.
Like complying with roadside screening demands, we advise clients to comply with breathalyzer testing at the police station, subsequent to their DUI arrest. While the police may not be able to prove impairment without breathalyzer results, the refusal itself is a criminal offence that carries the same penalties as a standard DUI. From a legal standpoint, a DUI defence lawyer generally has more potential avenues to mount a defence against breathalyzer readings than they do against a straightforward breathalyzer refusal.
Under Ontario’s Highway Traffic Act , anyone charged with a DUI offence faces an automatic 90-day administrative driver’s license suspension (ADLS). Some drivers are so focused on the criminal DUI charges that they fail to appeal this administrative action that can take away their right to drive before they’ve been tried in court. With a narrow seven-day window to file an appeal, and limited grounds to make a successful one, an experienced DUI defence lawyer — like those at Mass Tsang — can be instrumental in preserving your driving privileges while awaiting trial.
Some Canadians still don’t realize how life-altering a DUI conviction can be. If this describes you, know that a first-time DUI conviction:
Those who underestimate the severity of the offence and consequences of a DUI conviction may be tempted to just plead guilty, not realizing that a competent DUI lawyer can usually find grounds to mount an effective defence.
Many Ontario drivers arrested for DUI hesitate to quickly seek legal advice from a lawyer, often due to concerns about costs. Some defendants make the mistake of believing they can fight the charges on their own, while others decide to plead guilty because they don’t see any hope of beating the charges in court.
Whatever the case, timely consultation with an experienced DUI defence lawyer helps ensure the development of an effective defence strategy and the most positive outcome. Your DUI lawyer can also be instrumental in appealing the 90-day administrative license suspension.
Memory fades fast, and one’s ability to effectively recall every detail of a DUI arrest diminishes by the hour. The more information you can provide your DUI lawyer, the better armed they are to strategize an effective defence. Thus, it is imperative that anyone arrested for DUI write down every detail of what occurred before, during, and after the incident as soon as reasonably possible.
A: Your DUI roadside stop rights require you to only provide the police with basic information to confirm your identity and vehicle ownership, insurance, and registration information. Politely provide them with this information when asked, but do not answer any questions that might incriminate you. Because the police can use anything you say against you in court, the less you speak, the better.
A: Absolutely. Refusing a breathalyzer in Ontario has consequences that are just as severe as blowing above the legal limit if you’re convicted. Additionally, defending a refusing-breathalyzer charge is generally more challenging than defending against blowing over the limit.
A: No, admitting drinking to police during a DUI stop increases the likelihood that you will be arrested for DUI.
A: Yes, the Crown can use social media posts, commentary, video, and other information if it supports their case. We advise our clients to avoid posting on social media after a DUI arrest and ask to review their social media if they may have posted anything incriminating before the arrest.
A: Yes, 2018 Criminal Code revisions allow the police to demand roadside testing from any driver, provided the demanding officer has an approved screening device in their possession . Refusing the demand carries the same penalties as a standard DUI if convicted.
A: As little as possible beyond basic information about your identity and vehicle ownership and insurance.
A: As soon as possible to ensure the timely collection of evidence and a successful appeal of your 90-day administrative driver’s license suspension.
For over three decades, the expert DUI defence lawyers, like Jeff Mass or Robbie Tsang of Mass Tsang have helped thousands of Greater Toronto Area clients successfully resolve their impaired driving charges. To learn how they can strategize a robust defence against your DUI, schedule a free consultation by contacting us today.
