Are you wondering what percentage of DUI cases are dismissed before trial in Canada? Driving under the influence is a severe offence that can result in nightmarish consequences. Every good lawyer knows how tough these cases can get, but they also know how many DUI cases are dismissed. Here’s a surprising insight into the official statistics. 

Here’s a short and simple answer: more than 55% of DUI cases in Canada get dismissed, which results in other decisions. That’s not a generic “your chances are 50-50.” That’s official StatCan data on DUI charges from 2019-2020 (the latest available by date).

Of more than 66,000 cases, only 45%—or a little over 30,000—resulted in charges, fines, breathalyzers installed, and stamps on driving licenses. Over 35,000 cases were withdrawn, acquitted, or just stayed in one year. 

What Even Qualifies as a DUI Case

In short, DUI — aka Driving Under the Influence — means driving after taking either alcohol or drugs. Yes, Cannabis — despite all the eased regulations in Canada — is included. 

You don’t automatically get charged with DUI if you get behind the wheel drunk. Surprisingly, the majority of cases are not even involving seriously drunk drivers. The situation, most of the time, looks like this: 

• You get some drinks. It could be wine or whiskey, whatever alcohol you prefer. OR you smoke a joint to fight off stress.
• You’re law-abiding and conscious, so you don’t immediately go anywhere in your car. You wait for some time. However, the time is not enough.
• You get pulled over When you decide you’re sober enough and go somewhere in your car. Remember that the policy does NOT need a reason to stop you at a sobriety checkpoint.

Percentage of DUI Cases That Go To Trial

The officer asks you to blow in a tiny black tube (the special device), and you calmly do it, and oh, no — it shows that the concentration of alcohol or other substances in your blood is still higher than the legal limit. That’s why you’re asked to leave your car, follow the orders, go to court, and basically — that’s why you’re a supposed impaired driver. 

The other massive portion of cases involves drivers who get into accidents and happen to be drunk or high at the moment. DUI is not about people who drink behind the wheel — it’s about people who drive after drinking.

A little advice: ask for a lawyer as soon as possible, but do it calmly. Asking for a lawyer does NOT make you look guilty. Only around 2% of DUI cases go to trial.

What Are The Chances of Winning a DUI Case? 

Do the official statistics say you can relax, get a beer, and head to a freeway? No, it’s not. 45% is a high “guilty” percentage. It’s not a free ride, and you shouldn’t take DUI charges lightly. Many cases just stayed, meaning they may — or may not — result in harsh consequences for those accused of impaired driving; the court decided to do it later.

The statistics do not define your chances of winning a DUI case in Canada. The details will explain the decision, not the general stats. The decision in one exact separate case is 100% defined by the circumstances. Several dozens — if not more — of various aspects can affect your chances. 

Proportion of DUI Cases Dismissed in Canada

While there’s no universal instruction — here’s a little guide. Note that we’re not telling you to do these things, but if you could — it would maximize your chances. Or, at least, make the punishment as easy and gracious as possible under the current Canadian laws: 

The less driving experience you have — the better. It’s not a panacea, but young drivers are often seen as less of a threat, so (with all other aspects equalized) you’ll probably have less damaging consequences than an experienced driver would get. 

BAC stands for Blood Alcohol Concentration, which is precisely what the officer will check with a breathalyzer. To keep it simple, the lower BAC you have — the less drunk you are, and therefore — the less of a threat you pose to the public. 

Remember that DUI laws are so strict in Canada, not because of the lawmaker’s dream of your fines. DUI laws are aimed at people with addiction to alcohol or drugs that can’t control themselves. Without a DUI lawyer by your side, the outcome could be worse than necessary.

As a first offender, you’ll get way milder punishment than a person who has already been caught driving under the influence in the past (which is a sign that even a risk of losing driving privileges is not enough to stop them from drinking behind the wheel. 

Rate of DUI Case Dismissals in Canada

We recommend driving wholly sober and not even approaching your car if you’re drunk or high. However, the law suggests that being both drunk AND under the influence of drugs is way worse than just being drunk or just being high.  

It’s an obvious one, but still worthy of mentioning. A person who calmly followed all the police orders and tried to fight, run, or refused to get tested will get completely different punishments — even if they both have, say, 0,09 BAC. 

Don’t make the situation worse than it is if you get caught driving under the influence, and contact a good lawyer as soon as possible. It will increase your chances significantly. 

First-time offenders

To sum it up, the perfect circumstances for winning a DUI case (or at least lowering the severity of the punishment) are: 

• Young age;
• First-time offender;
• Low BAC;
• No resisting and calmness;
• Only one forbidden substance in your blood.

You can’t affect ANY of these things, but you can find a professional lawyer focusing on winning your case rather than dragging their billable hours. It’s a DUI case, not felony charges — you’ll go to jail only if you kill or severely injure others because of driving under the influence.

Suppose the person who gets hit by a drunk driver follows all the proper steps. In the vast majority of other cases, the worst thing you get is a considerable fine and an ignition interlock device installed in your car. 

Percentage of DUI Dismissals in Canadian Courts

It doesn’t matter how many DUI cases are dismissed. All that matters is whether you can get YOUR case dismissed or not.

Official statistics clearly show that more than enough DUI cases are dismissed each year, so you have every chance to win yours. It all depends on your actions, the exact circumstances, and a bit of luck.

We hope you found this guide on the percentage of DUI cases that get dismissed helpful. Use our “find a lawyer” web app if you need a criminal lawyer.