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Toronto Criminal Law Blog

How Charter Rights Impact Your DUI Stop and Breathalyzer Evidence

Given the significant number of DUI Charter violations in Ontario, let’s further examine your Charter Rights in a DUI stop and the primary breathalyzer evidence Charter challenges. We’ll review the basics by answering the most frequently asked questions we hear from our clients about Charter Rights and DUIs.

What is DUI Based on Failure to Provide a Suitable Breath or Blood Sample?

According to Statistics Canada data, Canadian police agencies charge relatively few motorists for the driving under the influence (DUI) offence of refusing to provide a breath or blood sample to assess potential impairment. For example, in 2024, Ontario police arrested just over 15,000 motorists for DUI, of which less than 650 were charged with failing or refusing to comply with a demand for a breath sample to test for alcohol impairment. Just under 40 were charged with failing to provide a blood sample to test for drug-impaired driving.

When Can an Impaired Driving Conviction be Pardoned in Canada?

When clients ask the criminal defence lawyers of TorontoDUI how to get an official pardon for their impaired driving conviction, they're usually surprised by the lack of a simple answer. For example, if you were to ask them when you can apply for a pardon after a DUI conviction, the answer could be three, five, or 10 years, depending on a range of variables.

Does a DUI Show Up on Your Passport?

Anyone who reads our blog knows that a DUI conviction in Canada causes significant, potentially life-changing consequences, including Impediments to international travel. If you love international travel or your employment requires foreign travel, that byproduct of a DUI conviction in Canada should give you additional pause.