Defending Against DUI Charges
By Hans ‘John’ Kalina · Originally published October 15, 2024 · Updated October 6, 2026
Impaired-driving allegations can affect liberty, driving privileges, employment and travel. A defence starts with the precise charge, the police evidence and the legislation applicable to the alleged offence. This guide outlines the main issues to discuss with counsel after a roadside investigation or charge.
What to do during a roadside investigation
Remain calm, do not resist and provide the driving documents that the law requires. Avoid guessing or volunteering explanations about an alleged offence. Do not assume that every police question, test or demand follows the same rules.
Under Criminal Code section 320.27, police may require prescribed physical coordination tests when the statutory conditions are met. The section also permits mandatory alcohol screening during a lawful motor-vehicle stop when the officer has an approved screening device. Such demands must not be treated as merely voluntary.
Can I refuse a breath, blood or coordination demand?
Failing or refusing to comply with a demand under section 320.27 or 320.28, without a reasonable excuse, can be a separate offence under section 320.15. Do not rely on a general website statement as permission to refuse. The validity of the demand, the requirements imposed and any reasonable excuse need a case-specific assessment.
Access to legal advice
Clearly request a lawyer if arrested or detained. The timing and scope of access to counsel can differ between an immediate roadside screening demand and subsequent investigative steps. Requesting counsel does not, by itself, suspend every lawful roadside demand. Tell counsel about the sequence of events, what was demanded, any health difficulty and the opportunity you were given to obtain advice.
How counsel assesses the defence
The legal basis for the stop, detention and each demand.
The timing of the investigation and the officer’s recorded observations.
The type of device or instrument used, test records and evidence supporting the result.
Access to counsel, the circumstances of any statement and potential Charter issues.
Whether the Crown can prove each element of the charge beyond a reasonable doubt, and any applicable statutory defence.
A lawyer can obtain and review disclosure, identify issues for expert evidence where appropriate and advise on available resolutions or a trial. A successful result cannot be guaranteed.
Offences and consequences
Impairment and prohibited alcohol or drug concentrations are distinct forms of liability under section 320.14. Federal penalties and driving prohibitions depend on the offence and circumstances; consult section 320.19 and section 320.24.
Ontario licence suspensions, treatment requirements and ignition-interlock rules are separate from the criminal sentence. See Ontario’s impaired-driving guidance. Do not assume that a single “first offence” chart describes every criminal and licensing outcome.
Driving restrictions can interfere with work and family responsibilities.
A conviction can bring fines, imprisonment, a criminal record and other consequences.
Immigration, cross-border travel, insurance and professional obligations may require separate advice.
Historical commentary and related reading
The 2016 drinking-and-driving article discusses the pre-2018 legal framework. It remains separately identified as historical commentary, not as a second current-law guide.
Speak with counsel
Contact the Law Office of Kalina & Tejpal or call 416-900-6999 for advice about an impaired-driving investigation or charge.
General information only, not legal advice. The applicable law, charge, facts and current licensing rules must be reviewed for your circumstances.