Charged with DUI in Ontario? While the correct Canadian legal term is “impaired driving” or “impaired operation,” many people use “DUI” when they talk about these offences. At AveryLaw, we understand both the language people use and the law itself. Whatever you call it, the consequences are serious and can affect your licence, employment, travel, and future.
1. Refusal or Failure to Provide a Breath or Blood Sample
Refusing or failing to provide a sample is a separate criminal offence under the Criminal Code of Canada.
To convict, the Crown must prove beyond a reasonable doubt:
- A lawful demand was made
- You were clearly advised of your final chance to comply
- You intentionally or recklessly refused, without a reasonable excuse
A skilled DUI lawyer will examine the legality of the demand, verify compliance with the law, and identify procedural or constitutional errors that could form the basis for your defence.
2. Impaired Driving: The “Beyond a Reasonable Doubt” Standard
To convict for impaired driving (DUI), the Crown must prove beyond a reasonable doubt that your ability to operate a motor vehicle was impaired by alcohol, drugs, or both.
Fatigue, illness, or distractions can cause poor driving but do not automatically meet the legal threshold for impairment. Your lawyer will:
- Analyse officer testimony for credibility issues
- Review all video and written evidence
- Identify weaknesses in the prosecution’s proof
3. Over-80 Charges: Strategic Defence That Looks Beyond the Numbers
An “Over-80” charge, operating with a blood alcohol concentration of 0.08% or more, carries severe penalties. At AveryLaw, we do not just look at the readings. We conduct a strategic, analytical review of all Crown disclosure, focusing on:
- Credibility analysis of police and civilian witnesses
- Legislative compliance at every procedural step
- Charter rights reviews to find breaches that could exclude evidence
This disciplined approach ensures no defence angle is missed.
4. RIDE Spot Checks: Knowing Your Rights at Roadside Stops
Ontario’s RIDE (Reduce Impaired Driving Everywhere) program allows police to stop drivers and demand roadside tests. While you must comply with a lawful breath demand, you are not required to answer questions about your alcohol or drug consumption.
A DUI lawyer will:
- Challenge the legality of the stop or demand
- Protect you from improper questioning
- Contest testing that fails constitutional or legislative requirements
5. Drug-Impaired Driving and DRE Expert Advantage
Drug-impaired driving charges often hinge on Drug Recognition Expert (DRE) evaluations. AveryLaw has a rare advantage: access to a former OPP chief trainer in the DRE Program. This expert:
- Reviews the entire evaluation for procedural errors
- Confirms compliance with proper testing protocols
- Often deters officers from defending flawed assessments when they realise who trained them
This knowledge can be critical in undermining the prosecution’s case.
6. Care and Control: Charged Without Driving
You can face a DUI charge in Ontario even if you were not actively driving. Under Canadian law, “care and control” means having the ability to operate a vehicle while impaired and that there was a risk that you might operate it while still impaired. This applies whether or not you were asleep or parked. There's even a rebuttable presumption of care and control if you are found in the driver's seat.
The question is whether there was a realistic risk you could drive, and a DUI lawyer can often challenge that. We have had a great deal of success in fighting these charges on our clients' behalf.
Final Thoughts and Call to Action
A DUI charge, whether for refusal, Over-80, drug impairment, or care and control, is not something you should face alone. At AveryLaw, we combine more than 23 years of trial experience with unique expert resources to give you the strongest defence possible.
Call AveryLaw now for a free, confidential consultation and get the guidance of a DUI lawyer who knows Ontario’s impaired driving laws inside and out.
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