DUI/DWI Lawyers

Charged with impaired driving, or stopped and asked for a breath sample? In Canada, what people call a DUI is a criminal offence, and it can also cost you your driver's licence. A DUI lawyer can review the evidence, protect your rights and explain your options from the first day. On this page you can compare lawyers who defend impaired driving cases, see their rates and availability, and book a consultation online.

What a DUI lawyer does

DUI and DWI are American terms. In Canada, the offence is called impaired driving, and it falls under criminal law. A lawyer who defends these cases is usually a criminal defence lawyer who handles driving offences regularly. You can also browse all criminal lawyers if your situation involves other charges.

• Advice right after the arrest: what the charge means, what happens to your licence and what to do next.
• Reviewing the evidence: how you were stopped, how the breath or drug test was done, and whether your rights were respected.
• Court appearances: representing you from the first appearance to the end of the case.
• Negotiation: discussing the charges or the outcome with the prosecutor.
• Licence questions: explaining how the criminal case and the SAAQ rules affect your right to drive.

Impaired driving charges in Canada

Impaired driving offences are set out in the federal Criminal Code. The Department of Justice has a plain-language overview of Canada's impaired driving laws. The main charges are:

• Alcohol-impaired driving: driving while your ability to drive is impaired by alcohol, to any degree.
• Blood alcohol over the legal limit: having a blood alcohol concentration at or above the legal limit within a set period after driving, whether or not you appeared impaired.
• Drug-impaired driving: driving while impaired by cannabis, other drugs or certain medications, or having a prohibited level of certain drugs in your blood.
• Refusing a test: refusing or failing to provide a breath, saliva or blood sample, or to take part in a sobriety or drug evaluation, when lawfully asked.

More serious charges apply when someone is injured or killed. The rules also cover boats and other motor vehicles, and anyone in care or control of the vehicle.

Two separate tracks: criminal charges and your licence

An impaired driving case in Quebec usually moves on two tracks at the same time.

• The criminal case: handled by the courts. It decides whether you are guilty and, if so, the sentence. A conviction leads to a criminal record, a driving prohibition and other penalties.
• SAAQ licence consequences: handled by the Société de l'assurance automobile du Québec (SAAQ). They can start at the roadside, before any court date, and include an immediate licence suspension and, in many cases, the vehicle being seized.

The penalties on both tracks are serious. They depend on the facts, on the test results and on whether you have a prior history. The SAAQ explains its rules on drinking and driving, including the stricter rules for new and young drivers.

How a DUI case works in Quebec

In Quebec, impaired driving charges are prosecuted by the Director of Criminal and Penal Prosecutions (DPCP) and are generally heard by the Court of Québec, Criminal and Penal Division, at the courthouse serving the district where the offence allegedly happened. The broad steps usually look like this:

• Roadside stop and screening test, then a breath test or drug evaluation.
• Release with a promise to appear or a summons, often with conditions.
• A first appearance, where the charge is formally read.
• Disclosure of the evidence to the defence.
• An outcome: charges withdrawn, a negotiated resolution, a guilty plea or a trial.

What a lawyer looks at in the evidence

Before advising you, a lawyer asks for the disclosure, meaning the evidence the prosecution must share with the defence, and reviews it closely. Common points include:

• The reason for the stop: whether the police had lawful grounds to stop you and to demand a sample.
• The breath-test procedure: whether an approved instrument was used by a qualified technician, following the required steps and timing.
• The right to counsel: whether you were told of your right to a lawyer and given a real chance to speak to one before the test.
• The paperwork: whether the certificates, notes, video and any drug evaluation are complete and consistent.

No lawyer can promise an acquittal, but a lawyer can tell you how strong the case really is and which options are realistic.

Getting your licence back

Getting back on the road is often the first worry. Depending on your situation, the SAAQ steps can include waiting out a suspension, completing an assessment of your drinking or drug use, and driving for a period with an alcohol ignition interlock device. A lawyer can explain how the SAAQ rules interact with the court's driving prohibition, and whether an outcome in the criminal case can change what happens to your licence.

When to call a DUI lawyer

• You were arrested or charged with impaired driving, or with refusing a test.
• Your licence was suspended or your vehicle was seized at the roadside.
• You have a prior impaired driving history.
• Someone was injured, or you need your licence for work.

The earlier a lawyer sees the file, the more options you usually have. For more background, read our article on impaired driving laws in Quebec.

Preparing for your consultation

• Your promise to appear, summons, release conditions and any SAAQ notice.
• Your next court date and the courthouse named on your papers.
• A short written account of the evening: where, when, what you drank or took, and what the police said.
• Your questions: your options, the impact on your licence and how the lawyer charges.

Compare DUI lawyers and book on JustiConnect

Browse the impaired driving lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all DUI lawyers or see the DUI lawyers in Laval.

Frequently asked questions

What is the best defence for a DUI?

There is no single best defence. It depends on the facts: how you were stopped, how the tests were done, whether your right to a lawyer was respected and what the disclosure shows. A lawyer reviews the evidence before recommending an approach.

How much does a DUI lawyer cost?

Each lawyer sets their own rates, and the cost depends on the charge and on whether the case goes to trial. On JustiConnect you can compare rates before you book. At your first consultation, ask how the lawyer charges and what the total is likely to include.

Do I need a lawyer for a licence suspension?

The roadside suspension is an administrative measure from the SAAQ, separate from the criminal case. A lawyer can explain what applies to you, what the SAAQ will require before you drive again and how the criminal case may affect your licence.

Is refusing a breath test better than blowing?

No. Refusing a lawful demand is a criminal offence in itself, with consequences that are generally as serious as an impaired driving conviction, including a criminal record. If you are asked for a sample, ask to speak to a lawyer.