Getting arrested for DUI can be one of the most intimidating and overwhelming stages in the criminal justice process, as it marks the start of a potentially challenging process with serious consequences. Laws in Canada for impaired driving are very stringent due to the significant risks associated with intoxicated driving, whether by drugs or alcohol. Understanding the typical steps that tend to follow such charges can help individuals navigate the process with greater awareness and enable them to take immediate and appropriate actions to potentially improve the outcome of their case.

An arrest for DUI involves several related procedures that begin at the roadside. When a police officer suspects impaired driving, such as erratic driving, slurred speech, or the smell of alcohol, they have the authority to request a breath sample using an Approved Screening Device (ASD) or administer a Standardized Field Sobriety Test. However, if a Canadian police officer decides to request a breath sample, they are not required to have reasonable suspicion that alcohol is present, only that the individual has been lawfully stopped. The courts treat refusal to comply with such requests similarly to refusal to comply with impaired driving penalties.

If the roadside assessment indicates that the individual may be impaired, or if the blood alcohol concentration (BAC) is measured at 0.08 or above (80 milligrams of alcohol per 100 millilitres of blood), or if there are signs of drug impairment, the individual will likely be arrested. Following the arrest, the police generally take the individual to a police station for further processing, which typically includes:

• Ensuring the accused provides additional breath tests using Approved Instruments (commonly called a “Breathalyzer”), which are designed to provide a more precise measurement of BAC. In cases involving suspected drug impairment, a Drug Recognition Expert (DRE) might be called to assist and may recommend further blood or urine testing depending on findings.

• Upon arrest, individuals must be informed of their right to counsel, meaning the right to speak to a lawyer without unnecessary delay. This is a fundamental right during arrest, and many individuals choose to exercise it promptly. Legal counsel usually assists individuals in understanding their options regarding further testing or compliance decisions. Refusal to comply in most cases may lead to additional charges.

• Booking and Processing: This involves recording personal information, fingerprinting, and photographing the individual. Personal belongings will be confiscated and stored securely.

• Release or Bail Hearing: After booking, the individual may be released by the police on the condition of appearing in court and complying with certain requirements (e.g., abstaining from alcohol, refraining from driving, reporting to police). In more serious cases or where there are concerns about public safety or the risk of the accused not appearing in court, the individual may be held for a bail hearing, usually within 24 hours. The decision on release and any imposed conditions is made by a judge or justice of the peace.

Once released from custody, the formal legal process begins. The police submit the charges and evidence to the relevant government office, which reviews the case, examines the evidence, and assesses whether proceeding is in the public interest.

• First Court Appearance: This is generally a brief hearing during which the accused or their lawyer receives the government’s disclosure, meaning all evidence the prosecutor plans to rely on, such as police reports, breath test results, and witness statements. Usually, no plea is entered at this stage to allow time for evidence review and legal advice.

• Disclosure Review and Defense Strategy: During this phase, defense counsel carefully examines the disclosure to identify any weaknesses in the prosecution’s case, possible procedural errors, or rights violations. This is also when questions about the legality of the initial stop, the administration of breathalyzer tests, or other aspects of the arrest process might be raised.

• Pre-Trial Motions/Negotiations: Based on the evidence review, lawyers may file pre-trial motions to exclude certain evidence on the basis of Charter rights violations. Discussions with the Crown Prosecutor often take place, seeking alternative resolutions such as plea agreements to lesser charges or dismissals when evidence appears insufficient.

• Trial/Sentencing: If a resolution is not reached, the case proceeds to trial, where the Crown must establish the accused’s guilt beyond a reasonable doubt. Sentencing for a DUI offence in Canada can be severe, typically including a minimum fine of $1,000 for a first offence, a driving prohibition of at least one year, mandatory enrollment in educational or treatment programs, and the possibility of imprisonment, especially for repeat offenders or cases involving bodily harm or death. A conviction also results in a criminal record.

Navigating the aftermath of a DUI arrest can be complex and stressful. The immediate consequences, such as license suspension and vehicle impoundment, are often just the beginning. A conviction may lead to a permanent criminal record, which can affect employment opportunities, travel, and insurance rates. For these reasons, many individuals choose to seek advice from a legal professional to better understand their rights and explore their options.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. DUI laws and procedures can vary by jurisdiction and may change over time. Individuals facing DUI charges are strongly encouraged to consult with a qualified legal professional to receive guidance specific to their case and location.

Published by Joseph T.