Common Defenses Used Against DUI and DWI Charges

Getting a DUI or a DWI charge can feel like the end of the world. In Canada, legal consequences include thousand-dollar fees, losing your legal right to drive, and even jail time. 

That doesn’t include the consequences of a DUI or DWI charge on your daily life. Losing your license means you will have trouble getting around. Working to beat the charges will cost time and money spent on a court case. You will also have to face the stigma of your surroundings, as people tend to judge those accused of driving under the influence. 

After a DUI or DWI charge, you don’t have to give up. An experienced lawyer can help you beat these charges using one of these common defenses and help you prove your innocence.

Police Procedural Issues

One of the most common defenses against any charge, including a DUI or DWI charge, is police error. Whenever you receive a criminal charge, the burden of proof is on the Crown to prove that you broke the law and that their representatives followed the law every step of the way. 

Charging someone with a DUI requires several complicated steps that all need to be met for a charge to fulfill legal requirements, and police officers often forget or intentionally make a mistake with the steps. When you work with leading DUI lawyers in Toronto, for instance, they can identify any procedural issues. If the police or prosecutor made any mistake while gathering samples from you, your lawyer has an iron-clad defense that will get any charges against you dismissed.

Timing of the Alcohol Test

Another procedural way that experienced lawyers can punch holes in a DUI charge is by challenging the timing of the alcohol test. The Crown has to prove that your blood alcohol level was high while you were driving. 

If the test wasn’t administered by the side of the road for whatever reason, your lawyer can argue that your BAC wasn’t high while you were behind the wheel, only later. This defense is common after accidents, where you can say that you took a drink afterwards to calm down, or for “over 80” trials, when the Crown argues that your BAC was high enough for an additional charge.

Police Malice

Besides challenging the legal procedures that the police and prosecutor followed, an experienced DUI lawyer can also challenge their behavior. Often, prosecutors will argue that a person the police stopped was belligerent and add additional charges to the DUI, especially if someone refused an alcohol test.

A lawyer can argue that the police were behaving aggressively and with malice, which provoked you into not taking an alcohol test. 

Faulty Testing and Equipment

Most people think of a Breathalyzer as providing definitive proof of someone driving under the influence. That’s the impression that you get from procedural TV shows, and it’s certainly the impression that police and prosecutors want people to have. If you blow over the numbers on the dial, that means that you’re guilty.

However, in real life the situation is far more complicated. Like any type of medical equipment, Breathalyzers can malfunction and return false positives. The results can also be inaccurate if the law enforcement official made a mistake in administering the exam. 

An experienced DUI lawyer will demand to know how a test was conducted and stored, down to the minute detail. If there is suspicion that the way a test was administered and saved could have affected the results, this will potentially nullify a DUI charge.

Health Problems

Another common defense used against DUI and DWI charges is health problems. Many people have health conditions that affect the accuracy of Breathalyzer results. Besides rare conditions such as auto brewery syndrome, where the body turns food into alcohol, surprisingly common conditions such as acid reflux lead to false positives on Breathalyzer tests. 

Other things that you consume can also trigger a false positive. Certain OTC medications can trigger a Breathalyzer test, as can different types of food. There are plenty of stories of people unwittingly eating poppy-seed bagels the morning of a scheduled drug test and then testing positive for heroin. These tests are by no means foolproof.

A skilled lawyer can use your medical records and witness statements to prove that the results are a false positive based on other conditions, not intoxication. 

Defending Against a DUI or DWI Charge

Receiving a DUI or DWI charge is serious. The legal consequences for these charges are serious, and the Crown will do everything in its power to get you convicted. 

That does not mean that you are powerless. You can beat these charges, but only if you work with a DUI lawyer. Working with a defense lawyer who has experience with these cases can help you find gaps in the case and secure your freedom.