If you read news stories about Ontario police arresting drivers for impaired driving, you might wonder how these people might fight their charges in court. For example, consider this story about how Barrie Police charged a 45-year-old man for impaired driving while he was testing new snow tires. Or, how about this Cambridge woman facing impaired driving charges after crashing into a Kitchener building? More recently, in Sudbury, impaired driving charges were laid against seven drivers over the May long weekend.
Anyone reading these articles will likely conclude that Ontario courts will ultimately convict most, if not all, of these alleged impaired driving offenders. However, the criminal defence DUI lawyers of the Greater Toronto Area’s Mass Tsang will tell you that statistics tell another story. “Drivers who fight impaired driving charges in court have a greater than 50% chance of avoiding conviction,” says Mass Tsang’s managing partner, Jeff Mass . “According to the latest Statistics Canada court decision data , the 2022/2023 conviction rate for impaired driving charges in Canada was 39%, the lowest on Stats Can’s record. The rate for impaired driving charges in Ontario was 36%. And, since the agency started collecting this data, the rate for both has never topped 50%.”
Jeff’s co-partner at the firm, Robbie Tsang , said, “Most drivers who evade conviction on their driving while impaired charges mount an effective defence with the help of a skilled DUI lawyer. The Crown is highly motivated to convict as many suspected impaired drivers as possible, and most Canadians don’t have the legal acumen needed to navigate the court system and defend against criminal charges.”
If you’re facing impaired driving charges in Barrie or anywhere in Ontario, we highly recommend that you hire an experienced criminal defence DUI lawyer like those at Mass Tsang . Should nothing dissuade you from fighting impaired driving charges in Ontario on your own, we can at least offer you the following tips on how to fight impaired driving charges in Canada. Oh, and wish you “good luck!”
Under Canada’s Criminal Code, impaired driving carries more than one definition, and courts can convict suspected offenders for different types of impaired driving charges. Thus, defence strategies will typically need to differ depending on the type of charge, which include, but are not limited to:
| Type of Charge | Key Defence Considerations |
|---|---|
| Impaired Driving | Challenge police observations and subjective impairment signs |
| Over 80-plus mgs | Difficult to defend; challenge device accuracy and procedures |
| Drug Blood Concentration | May be easier to defend due to evolving case law and testing standards |
| Refusal to Provide Sample | Check for legal grounds of refusal and police procedure errors |
| Care and Control | Argue lack of intent or capacity to drive |
Whatever type of impaired driving charge you face, you will need to figure out:
Then, you’ll need to thoroughly examine the Crown’s narrative and evidence to figure out the best means of fighting the charges.
More than 50% of impaired driving cases that proceed through court result in stays, withdrawals, dismissals, discharges, reduced charges, or other outcomes favourable to the defendant.
“How?” you ask.
In most cases, through plea bargain negotiations between Crown prosecutors and defence attorneys. With their expertise in the law, skilled defence lawyers are highly adept at finding any potential evidentiary or procedural flaws in the Crown’s case. When found and exposed, flaws give the defence leverage in plea bargain negotiations that can lead to such favourable outcomes for the defendant. Some flaws are so egregious that the Crown realizes that the charges will not hold up in court.
While many positive outcomes for impaired driving defendants arise through plea bargains, the Crown typically won’t negotiate with defendants alone. Thus, this avenue of defence is usually closed for DUI defendants without lawyers.
Canadian judges consider the protection of a suspect’s Charter Rights as sacrosanct in the fair and just application of law. They readily exclude evidence or outright dismiss charges if a defendant can prove that police or the Crown violated their Charter Rights. Thus, if you can prove that the police or Crown did any of the following, you may have an effective Charter Rights defence:
| Violation | Impact on Case |
|---|---|
| No explanation of detention | Can render arrest or evidence invalid |
| No access to a lawyer | May lead to evidence exclusion |
| Lack of privacy during legal consultation | Can violate rights, weaken Crown’s case |
| No interpreter or language help | Could nullify procedural fairness |
| Unreasonable delay in breath testing | May be basis to challenge breath test results |
| Improper certification of testing device | Can discredit key prosecution evidence |
| Excessive post-arrest detention | May result in exclusion of post-arrest evidence |
| Unreasonable trial delay | Could lead to stay of proceedings |
If your case is proceeding to trial, you must understand the legal concept of “ reasonable doubt .” Under Canadian law, the Crown must prove all elements of the case against you “beyond a reasonable doubt.” Skilled DUI lawyers are highly adept at challenging aspects of the Crown’s case in ways that raise such doubts. For example, challenge testimony about the defendant’s alleged impairment because accounts of it differ among witnesses. Or, raise doubts about the accuracy of a breathalyzer machine readings based on potential improper maintenance and operation.
Every doubt the defence can effectively raise weakens the Crown’s case. If bound and determined to fight your impaired driving charges without a lawyer, one of your jobs, will require you to figure out every reasonable doubt that can be raised against the Crown’s narrative and evidence.
Given the details of that Barrie man’s impaired driving charges, we’d say there is probably zero chance he could successfully fight the charges without a lawyer. However, we’d up the odds to at least 50/50 if he were to secure the services of an experienced DUI lawyer.
Mass Tsang criminal defence lawyers are dedicated to securing the most favourable outcomes for their impaired driving clients and have successfully defended thousands of Ontario clients against their charges. If you or someone you know is facing impaired driving charges in Ontario, contact the skilled criminal defence lawyers at Mass Tsang for a free consultation.
