For most first time offenders, after you are arrested and processed, the police will typically release you on an Officer in Charge Undertaking or a Promise to Appear and provide you with a first court appearance date.
Assuming you are a multiple repeat DUI offender or charged with a serious DUI such as impaired driving causing death, you will typically be brought to court and the Crown will decide whether they will consent to release you on bail conditions. Assuming the Crown does not consent to you being released on bail, you will have a bail hearing in front of a Justice of the Peace (“JP”). The JP will conduct a bail hearing and review whether you should be released on bail or held in custody pending your guilty plea or trial.
The JP considers various factors to determine whether you should be granted bail as follows:
- Your criminal record
- The seriousness of the DUI charge
- The likelihood of you re-offending
- The likelihood of you appearing in court and whether you pose a flight risk
- Your community ties and job status
The JP may set conditions for your bail. These can include not drinking alcohol, attending treatment, or surrendering your passport.
If bail is granted, you may be released on a recognizance with or without a surety. Failure to adhere to bail conditions or attend your court appearances will lead to your arrest and revocation of bail.
Pre-Trial Proceedings
Before a DUI trial, there are essential steps like receiving disclosure from the crown, meetings with the Crown and in some cases conducting a judicial pre-trial. For serious indictable impaired driving causing bodily harm or death charges, the accused is entitled to have a preliminary hearing. These steps are crucial for both the defence and the prosecution.
Disclosure of Evidence
In the disclosure stage, the Crown provides all relevant evidence to the defence. This includes police reports, witness statements, videos, and any other materials gathered during the investigation.
You have the right to receive and review all of this evidence so you can prepare a proper defence. The Crown must share everything that could impact the case, whether it supports guilt or innocence.
Timeliness is key. Late disclosure can delay the trial date. It’s important to review all the disclosure carefully and consult with your lawyer to understand the implications for your defence strategy.
Preliminary Hearings
A preliminary hearing (also called a preliminary inquiry) is a pre-trial process where a judge reviews the evidence to decide if there is enough evidence to proceed to trial. This is not the trial itself but serves as a screening function or checkpoint.
During the preliminary hearing, the Crown presents some of its evidence, and the defence can cross-examine the witnesses and challenge their evidence. Police testimony, possibly civilian witness testimony and video evidence play a key role.
The judge will then decide if the evidence is sufficient for the case to proceed to trial. The judge must determine if there is some evidence upon which a judge or jury properly instructed could convict the accused. This is a very low threshold test and in most cases the judge will order the accused to stand trial. If the test is not met, the charges may be dropped. If the test is met, a trial date will be scheduled. This step helps ensure that weak or unlawful cases do not proceed to trial. A preliminary hearing also strategically helps the defence prepare to defend the case at trial.
Plea Bargaining
In the DUI court process, you may encounter plea bargaining. This is an agreement between you and the prosecutor.
You can plead guilty, not guilty, or no contest.
- Guilty plea: Accept the charges and possibly get a lighter sentence.
- Not guilty: Fight the charges in court.
- No contest: Accept punishment without admitting guilt.
Plea bargaining can save time and money. This process often results in a reduced sentence or fewer charges. Your lawyer will negotiate with the prosecutor on your behalf. They aim to get the best possible outcome for you depending on the unique circumstances of your case. Keep in mind that every case is different. Your unique situation will influence the plea bargain you can accept.
The Trial
If your DUI case continues to trial, it’s important to know what to expect. This phase involves presenting evidence, listening to witness testimonies, and employing a good defence strategy.
Presentation of Evidence
At this stage, both the prosecution and defence present their evidence. Key pieces of evidence in DUI cases often include the police testimony, civilian witness testimony, results from breathalyzer, Intoxilyzer or blood tests and dashcam footage if available. The prosecution will try to prove that you were impaired while driving and/or over the legal limit of blood alcohol.
The judge will examine the evidence to determine whether the Crown has met its burden to prove the case against you beyond a reasonable doubt. Details like the credibility, reliability and consistency of the testimony and chain of custody for physical evidence will be scrutinised. Accurate and well-documented evidence can significantly impact the trial outcome.
Witness Testimonies
Witnesses play a crucial role in your trial. These can include arresting officers, experts in toxicology, and sometimes civilian eyewitnesses. The prosecution’s witnesses will aim to confirm the evidence against you by detailing your behaviour and the circumstances of your arrest.
The defence may also call witnesses to provide an alternative perspective or question the credibility of the prosecution’s witnesses. Each side has the opportunity to cross-examine the other side’s witnesses allowing for a thorough examination of statements and facts. The judge will listen carefully to all testimonies to identify any inconsistencies or biases.
Defence Strategies
Your legal defence team will try to create reasonable doubt about your guilt. Common strategies include challenging the validity of the breathalyzer tests, questioning the accuracy of the police reports, showing that procedures were not followed during your arrest or establishing Charter violations resulting in the exclusion of evidence. The defence may argue that the evidence was mishandled or that there was no reasonable and probable grounds to arrest you or there were other Charter breaches such as a violation of your s. 10(b) right to counsel.
By pointing out weaknesses in the prosecution’s case, the defence aims to convince the judge that there is not enough credible or reliable evidence to convict you. Effective defence strategies can significantly alter the direction of your trial.
Verdict and Sentencing
In the DUI court process, the judgement or verdict determines if you are guilty and the sentencing stage determines what penalties you will face. The judgement or verdict follows after all the evidence has been heard and the Crown and Defence have made their closing submissions. Assuming the accused is found guilty, the court then determines the sentence which includes punishment such as fines, probation, possible jail time and driving prohibitions.
The judge or jury (a jury trial is only available for a serious impaired causing bodily harm or death cases) reviews all the evidence presented during the trial. If you are found guilty, the verdict is announced in court.
The sentencing phase considers factors such as your blood alcohol level, nature of the driving, your background and character including any previous convictions. A judge will examine all the mitigating and aggravating facts regarding the nature of the offence and the offender in determining the appropriate sentence.
Your criminal record will be updated if you are convicted. Penalties may include fines, jail terms and driving prohibitions If found not guilty, you are free to go without any penalties.
Potential Sentences
If convicted, several potential sentences may apply. These can vary depending on the severity of the offence and prior convictions.
- Fines: You may be required to pay fines, often based on the number of prior offences.
- Probation: You might be placed under probation, requiring regular check-ins with a probation officer.
- Jail Time: In severe cases, you might face jail time. The length of the sentence can vary depending on the severity of the case and your background/criminal record.
- Ignition Interlock Device: Some drivers may be required to install an ignition interlock device on their vehicle, preventing it from starting if alcohol is detected.
The specific sentence will depend on the details of your case and the judge’s discretion.