Why The Outcome Is Not Decided At The Roadside

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If you have been charged with DUI or impaired driving, it can feel like the result is already decided.

Many people assume that failing a breath test means an automatic conviction.

It does not.

In Canadian law, as explained on our home page, the charge must still be proven in court. If the evidence does not meet legal standards, the charge can be withdrawn, dismissed, or resolved differently.

The outcome depends on what the evidence actually shows and whether it was obtained properly.

This is decided in court, not at the roadside.

Call {lawyer} at {tel}
Free confidential consultation
Clear explanation of your options

Before making a decision about your case, read Never Plead Guilty to understand why early assumptions can cause lasting problems.

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What Withdrawn, Dismissed, and Reduced Mean

Withdrawn
The prosecutor stops the case before trial because the evidence cannot prove the charge.

Dismissed
The judge hears the evidence but decides the charge was not proven beyond a reasonable doubt.

Reduced
The charge is resolved as a less serious offence when the original offence may not be provable or another resolution is appropriate.

All three outcomes avoid a criminal conviction for DUI.

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Why Some DUI Charges Do Not Result In Conviction

Impaired driving cases depend on strict legal procedures.

The court examines:

• The legality of the stop
• The breath demand
• Timing requirements
• Operation of the instrument
• Continuity of evidence
• Officer testimony

If legal requirements are not met, the evidence may not be reliable enough to prove the charge.

Call {lawyer} at {tel} before court to understand your situation.

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Breath Tests Are Not Automatic Proof

A breath reading is evidence, but it must be legally obtained and properly interpreted.

Courts may examine:

• Machine operation records
• Timing between driving and testing
• Officer observations
• Continuity of samples
• Legal compliance with the demand

The question in court is not only the number but whether the number can legally prove the offence.

If the charge is proven, the consequences can be significant. You can review the DUI penalties to understand what may be at stake.

Call {lawyer} at {tel}
Free confidential consultation

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If The Case Is Not Dismissed

Not every case is dismissed.

Sometimes the evidence is strong enough. Sometimes it is not.

A defence lawyer’s role is to determine:

• whether the charge can be proven
• whether evidence can be challenged
• whether a different resolution is appropriate

Early decisions can affect the available options.

Call {lawyer} at {tel} before making decisions.

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FAQs About Charges Being Dismissed

Can DUI charges actually be dismissed?
Yes. If the Crown cannot prove the charge beyond a reasonable doubt, the court must dismiss it.

What if I failed the breath test?
A reading alone does not decide the case. The court looks at whether the test was legally obtained and reliable.

Is a reduced charge always better?
Not always. The right decision depends on the strength of the evidence.

Should I speak to the prosecutor myself?
It is usually better to understand the evidence first. Early decisions can affect the outcome.

Is the consultation free?
Yes. It is confidential and there is no obligation to hire.

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If you want to understand how this applies to your situation, speak with {lawyer}.

Call {tel}
Free confidential consultation