DUI Lawyer in Pickering: What to Do After a Charge

What to do right now if you were charged with impaired driving in Pickering

Being charged with impaired driving, often called a DUI, is stressful. A few steps can protect you in the days ahead.

• Use your right to a lawyer. Under the Canadian Charter of Rights and Freedoms, you have the right to speak with a lawyer, privately and without delay, after you are arrested or detained.
• You have the right to stay silent. You do not have to explain what you drank or where you were. You can politely say you will speak with a lawyer first. This is separate from breath or blood demands, which the law can require you to follow.
• Read your release conditions. In Ontario, police usually release people on paperwork such as an appearance notice or an undertaking. It may contain conditions, for example not to drive or not to have alcohol in a vehicle. Breaking a condition is a separate criminal offence.
• Keep every piece of paper. This includes your release document, any licence suspension notice, the vehicle impoundment notice and any breath test printout or receipt you were given.
• Note your first court date. It is printed on your release paperwork. Missing it can lead to a warrant for your arrest.

If you would like to talk it through, you can ask for a free, confidential consultation using the form on this page.

How an impaired driving case moves through the courts in Pickering

In Ontario, police lay charges themselves. After a charge in Pickering, the file goes to a Crown attorney with the Ministry of the Attorney General. The Crown attorney is the prosecutor who decides how the case will proceed.

1. First appearance. Your first date is usually in the Ontario Court of Justice, the provincial court that hears most impaired driving cases. Nothing is decided about guilt at this stage. A lawyer can often appear for you.
2. Disclosure. The Crown must give the defence its evidence, called disclosure. In a DUI case this can include police notes, video, breath test records and maintenance records for the testing instrument.
3. The Crown's election. Impaired driving is a hybrid offence. The Crown chooses to proceed by summary conviction (the less serious route, with a maximum of two years less a day in jail) or by indictment (the more serious route). Most first-offence cases proceed summarily.
4. Resolution or trial. After reviewing disclosure, the case may be withdrawn, resolved through discussions between the lawyers, or set for trial before a judge.

Cases often take several months. The Charter guarantees a trial within a reasonable time, and the Supreme Court of Canada has set ceilings for unreasonable delay, but each case depends on its facts.

What a DUI lawyer can do for you

Section 320.14 of the Criminal Code covers operating a vehicle while impaired by alcohol or a drug, and having a blood alcohol concentration of 80 mg or more in 100 mL of blood within two hours of driving ("over 80"). A DUI lawyer can look closely at each part of the evidence.

• The demand. Was the roadside screening or breath demand made properly and for a lawful reason? Was it explained to you clearly?
• The breath or blood evidence. Were tests done on time, with an approved instrument, by a qualified technician? Do the records support the results?
• Charter issues. Were you told about your right to a lawyer and given a real chance to speak with one? Was the stop, detention or search lawful? If rights were breached, a court may exclude some evidence.
• Evidence of impairment. Driving, speech and balance observations can have innocent explanations, such as fatigue, nerves or medical conditions.
• Licence measures. In Ontario, a charge can bring an immediate 90-day Administrative Driver's Licence Suspension (ADLS) and vehicle impoundment. These are separate from the criminal case. A lawyer can explain how they work and what options may exist.

Impaired driving in Pickering: what the numbers show

Statistics Canada police-reported data for impaired driving is published for the Durham Region police service area, which includes Pickering along with Oshawa, Whitby and Ajax. These figures describe the whole region, not Pickering alone.

In 2025, police in the area reported 781 impaired driving incidents, a rate of 96.41 per 100,000 people, with 765 persons charged. That compares with 94.67 per 100,000 across Ontario and 161.82 across Canada.

Year	Durham Region rate per 100k	Incidents	Ontario rate	Canada rate
2016	129.8	865	106.64	197.46
2019	125.38	876	104.37	228.09
2020	99.02	707	102.72	204.68
2023	111.79	858	102.79	179.13
2024	101.01	801	95.9	165.91
2025	96.41	781	94.67	161.82

The regional rate was near 130 per 100,000 from 2016 to 2018. It fell sharply in 2020, rose again to 111.79 in 2023 and has declined in each year since. The 2025 rate is the lowest in the decade shown. It is slightly above Ontario's rate and well below the national rate. Nearly every reported incident led to a charge. Overall crime in the wider Toronto area, which includes Pickering, also eased: the Crime Severity Index for the Toronto census metropolitan area was 54.99 in 2025, down 7.47% from the year before. More local figures are on our Pickering crime statistics page, and regional stories are in our Ontario crime news.

Possible penalties and other consequences

Impaired driving and over 80 are hybrid offences. A first conviction carries a mandatory minimum fine and a driving prohibition, with higher minimum fines for higher blood alcohol readings. Second and later offences carry mandatory jail time. Cases involving injury or death are treated far more seriously.

Beyond the sentence, a conviction leaves a criminal record. It may affect travel to the United States, jobs that involve driving or security checks, and insurance. For people who are not Canadian citizens, including permanent residents, impaired driving can have serious immigration consequences, so tell your lawyer about your status early. For details, see our guide to impaired driving charges in Ontario and the national guide to this offence.

Choosing a DUI lawyer and paying for one

Useful questions to ask any lawyer:

• How much of your practice is impaired driving defence?
• What do you see as the key issues in my file once disclosure arrives?
• Who will appear in court for me, and how will you keep me updated?
• How are your fees structured, and what do they cover?

Fees vary with the case and are discussed at the first meeting. If your income is low, you may qualify for help from Legal Aid Ontario. On your court date, duty counsel, who are lawyers available at the courthouse, can give free basic help, though they usually cannot take on your whole case.

If you are the complainant or victim

If you were hurt or your property was damaged by a driver you believe was impaired, you can report it to police. Victim Services Ontario can offer support and information about the court process. If the accused has release conditions, such as not contacting you, police can act if they are broken. You can also get your own legal advice, for example about your rights in the case or a civil claim, through a free consultation for victims.

Free, confidential consultation

Crime Canada is a news and data site, not a law firm, and does not give legal advice. When you fill in the form on this page or our free consultation page, your request goes to an independent criminal defence lawyer. The firm reviews it, and a lawyer contacts you to talk about your situation. There is no cost for this first conversation and no obligation. A lawyer-client relationship begins only if you and the lawyer both agree to it.

This page is general information, not legal advice. Every case depends on its own facts, so speak with a lawyer about yours.

Frequently asked questions

How much does a DUI lawyer in Pickering cost?

It depends on the lawyer, how complex your case is, and whether it resolves early or goes to trial. Many lawyers explain their fee structure at the first meeting, so ask directly what is included. If your income is low, you may qualify for help from Legal Aid Ontario, and duty counsel at the courthouse can give free basic help on your court date.

Do I need a lawyer for a first-offence DUI in Ontario?

You are not required to have one, but a first offence still carries a criminal record, a driving prohibition and a minimum fine if you are convicted. A lawyer can review the stop, the breath or blood tests and your Charter rights, which may affect the outcome. Many people find a consultation helpful before deciding how to proceed.

Can I drive after being charged with impaired driving in Pickering?

Usually not right away. In Ontario, a charge can bring an immediate 90-day Administrative Driver's Licence Suspension and vehicle impoundment, separate from the criminal case. Your release paperwork may also contain a no-driving condition. A lawyer can explain what applies to you and what options may exist.

Which court will my Pickering DUI case be in?

Most impaired driving cases are heard in the Ontario Court of Justice, the provincial court. A Crown attorney from the Ministry of the Attorney General prosecutes the case. Your first court date and location are printed on your release paperwork, so keep it and check it carefully.

What if I refused to give a breath sample?

Refusing a lawful breath or blood demand is a separate Criminal Code offence, with penalties that can be similar to or higher than impaired driving. Whether the demand was lawful and whether you understood it are important questions. A lawyer can review what happened and how the police handled the demand.

Will a DUI charge affect my immigration status or travel?

It may. Since 2018, impaired driving is treated as serious criminality for immigration purposes, which can affect permanent residents and other non-citizens. A conviction can also create problems entering the United States. Tell your lawyer about your citizenship status and travel needs early so they can be considered.