skip to Main Content

Charged with DUI in Ontario? Fight The Charges.
Toll-free at 1-800-668-1657 or

Want to defend your impaired driving/DUI charge? Here are the top 5 possible Ontario impaired driving defences: Recent Drinking, Rights to Counsel, Timing is Everything, Jordan—A Delay Argument – and Prove It.

Recent Drinking

This may give rise to two possible defences. First, if the officer has any grounds to believe that you have consumed alcohol within 15 minutes before you are asked to provide a roadside breath sample, the sample taken in those circumstances is not valid. Second, is the last drink defence or post-offence drinking defence. If you consumed alcohol within 15 minutes before you were stopped, or the police came upon you, or if you drank after you drove, this can provide some defence. It is important that you determine if you had anything to drink recently before you were stopped or spoke with police.

Rights to Counsel

Under the Canadian Charter of Rights and Freedoms you have the right to be informed by the police upon your detention of your right to counsel. They must inform you of your rights at the correct time, and offer you an opportunity to speak with a lawyer, either duty counsel or a lawyer of your choice, within a reasonable amount of time. If you request a specific lawyer they must take reasonable steps to put you in contact with that person.

Timing is Everything

There may be a defence based on various circumstances regarding the timing in which events following your detention occur. For example, the police should take an Intoxilyzer breath sample at the police station as soon as practicable – which is not the same as soon as possible. Roadside samples must be taken almost immediately; therefore a delay may result in a defence.

Jordan—A Delay Argument

A delay of 18 or more months, for which the Crown Attorney, or Court are responsible, may be a defence in itself. This does not include the sorts of inherent delays that occur in all cases, such those caused by waiting to receive the disclosure or completing initial meetings with the Crown, or delays caused on the accused’s behalf in certain circumstance. Therefore, it is important that you retain us quickly so that we have the opportunity to create pressure from the beginning. In a case where this defence applies, it forms an absolute defence to all charges. While it is essential to be 100% truthful and fair in the evidence that you provide to your lawyer, the Crown Attorney and the Judge hearing your case, you should also note any prejudice that you have suffered because of the delays.

Prove It: This defence defines itself.

The onus rests on the Crown to prove its case beyond a reasonable doubt. There are many technicalities with regards to what the Crown has to prove n any type of case, but this is especially true in drinking and driving cases. For example, the roadside screening device must be calibrated every 14 days, while the machines at the station must be calibrated every 7 days. The Crown must prove that these requirements have been met. If these requirements are not met, then the reliability of the instruments diminishes, and this can afford a defence. Another example is the requirement that the police have reasonable and probable grounds to make an arrest in order to justify your detention. Further, they must have these reasonable and probable grounds in order to make a breath demand and take your breath samples at the station. If the Crown cannot prove that there were reasonable and probable grounds, then the Judge may find that the Crown has not proven its case.

Recent Successes With Impaired Driving Charges
Request Free Consultation
Free DUI Book

Free DUI Book

17 Secrets to Helping You Survive Your DUI Charge.

Get the Free Book


Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be more
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of more
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time more
19:28 26 Jun 18
When my daughter's boyfriend had a problem I looked up Jordan Tekenos-Levy. Jordan did an amazing job defending this young man. He showed compassion and care in a very sensitive issue. Jordan is a great lawyer, he fights hard for his clients and ensures their loved ones are kept in the loop during the entire process. He is honest and doesn't sugar coat the situation. I would highly recommend his services. We owe him a huge debt of gratitude and I wish him all the best in the more
Laurene Smith
02:58 16 Nov 18
I was falsely accused of a crime and I sought out representation. I did not know exactly where to go, I was in a panic as I've never seriously run afoul with law enforcement. Mr. Nathan Baker and his staff were assigned to my case, and I am thankful that they were. Knowing I was innocent I still was worried about how everything was going to play out as I wondered 'how could this even be happening'. Mr Baker and his staff helped walk me through the court process that was completely unfamiliar to me, besides what Id seen on television. It was a two year process, and every step of the way all my questions and inquisitions were answered and put at ease. I give this Firm my full endorsement, they believed in me, supported my case and followed through on every detail pertaining to it, and defended me to a correct Not Guilty verdict. For that I will be forever grateful. I've never had the need for an attorney to represent me before the false accusation, and I hope I never need it again. But if I do, I'd want this firm to represent more
Zak Piva
03:06 28 Oct 18
I would like to thank the lawyers at Aitken Robertson especially Philip Stiles and Lavina Inbar for helping me thru this most difficult time.Everyone i was in contact with were very polite and professional.Being a very high stress time of my life i could not have been happier to hear a "Not Guilty " verdict.I will always recommend Aitken Robertson to anyone i hear of needing a good lawyer.Thank you all very muchMauriceread more
Maurice Flight
20:22 31 Oct 18
Justin provided thorough and caring representation for my friend who had a court proceedings. I would recommend Justin and the Aitken Robertson team to anyone in a similar situation. Thanks!
Rexy H
19:26 08 Sep 18
Google Rating
Back To Top