Being charged with a DUI (Driving Under the Influence) in Toronto is a serious legal matter with potentially life-changing consequences. From hefty fines and license suspensions to possible jail time and a permanent criminal record, the stakes are high. Unfortunately, many people make critical mistakes after being charged, which can weaken their defence and reduce their chances of a favorable outcome.
Understanding what not to do can make a significant difference in how your case unfolds. Below are the top mistakes to avoid after being charged with a DUI in Toronto.
One of the most common — and damaging — mistakes people make after a DUI arrest is speaking to the police without first consulting a lawyer.
It’s important to remember that anything you say can be used against you in court. While you must comply with basic identification requests and provide necessary documents, you are not required to explain or justify your actions.
What to do instead: Politely exercise your right to remain silent and request to speak with a DUI lawyer as soon as possible. In Toronto, this is not only your right but also a critical step in protecting your case.
Many people charged with a DUI believe that if they failed a breathalyzer test or were found impaired, they have no chance of winning their case. This assumption often leads to pleading guilty too quickly without exploring potential defences.
In reality, DUI cases are complex, and there may be legal issues that can lead to charges being reduced or dismissed. These might include:
Faulty breathalyzer calibration
Improper police procedures
Violation of Charter rights
What to do instead: Consult a skilled DUI lawyer who can assess the details of your arrest and determine if any procedural errors or legal defences apply.
Failing to appear in court or missing legal deadlines is a serious mistake that can lead to additional charges, arrest warrants, and reduced credibility in the eyes of the judge.
Toronto’s court system follows strict timelines, and delaying your response can also limit your lawyer’s ability to gather evidence or challenge the prosecution’s case.
What to do instead: Keep a detailed calendar of court dates, deadlines, and appointments. If you have a lawyer, work closely with them to ensure you meet every requirement on time.
In Ontario, being charged with a DUI can lead to an automatic license suspension even before your case goes to trial. Driving during this suspension period is a separate criminal offence with its own penalties, including additional fines, jail time, and a longer suspension.
What to do instead: Arrange alternative transportation such as public transit, rideshare services, or carpooling until your license is legally reinstated.
Some people treat a DUI charge as a minor inconvenience, not realizing the long-term impact it can have. A DUI conviction in Toronto can result in:
Increased insurance premiums for years
Difficulty securing certain jobs or professional licenses
Travel restrictions, especially to the United States
What to do instead: Take the charge seriously from the start. Work with an experienced DUI lawyer who understands both the immediate and future consequences and can build a strategy to protect your record.
Social media posts can be used as evidence against you. Even seemingly harmless comments, photos, or jokes about your situation could harm your case. Prosecutors and investigators can review your online activity, and anything that appears to contradict your defence could be damaging.
What to do instead: Avoid posting anything related to your case, drinking, or driving until it is fully resolved. When in doubt, stay off social media altogether during legal proceedings.
Not all criminal defence lawyers specialize in DUI cases. A lawyer without specific experience in Toronto DUI laws may overlook critical defences or fail to challenge evidence effectively.
What to do instead: Choose a lawyer who focuses on DUI defence, understands Ontario’s Highway Traffic Act and Criminal Code provisions, and has a proven track record in local courts.
Time is crucial in DUI cases. Delaying hiring a lawyer can mean losing access to important evidence such as surveillance footage, witness statements, or maintenance records for breathalyzer machines.
What to do instead: Contact a DUI lawyer as soon as possible after your arrest to give them the best chance to investigate and prepare your defence.
A toronto dui charge in Toronto can be overwhelming, but avoiding these common mistakes can make a substantial difference in the outcome. The most important steps you can take are to stay silent until you have legal representation, take the charge seriously, and act quickly.
By working with an experienced Toronto DUI lawyer, you can challenge the evidence, protect your rights, and improve your chances of a favorable resolution. Remember, a strong defence starts with smart decisions from the very beginning.toronto dui