The Ontario DUI, DWI, OUI, OWI, Impaired Driving Checklist
This form is for use by persons who have recently been charged with a drinking and driving offence. Use this form to make notes of what happened and bring this form with you to your attorney or lawyer. Keep this information absolutely confidential. WARNING! If this memorandum when completed is not delivered to your attorney or lawyer forthwith, and if it or a photocopy is seen, obtained, or seized by the police or anyone else who is not your legal counsel, this memorandum could be used in Court against you. Deliver it to your lawyer or attorney in person forthwith.
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1. Describe where and when you were drinking:
When and Where Did You Eat:
(If your attorney intends
to lead evidence contradicting the breath machine it is essential that you detail exactly
the times, types and quantity of food consumed over the
course of the day, this may effect your alcohol elimination rate for purposes of
calculation by the toxicologist)
See also the Drinking Driver's Worksheet
When and Where you Started Drinking:
What Were you Drinking:
(If your attorney intends to lead evidence to contradict the breath machine you will need to make
very detailed notes of exactly what, how much, and when you
consumed alcohol. You should also keep all bar bills and safeguard all glasses,
pitchers, jugs, jiggers, and bottles for future reference and evidence. You may need to
purchase the pitcher from the bar.)
When Did You Finish:
Who Witnessed Your Drinking:
(Your witnesses need to make detailed notes too. Do not, however, discuss your
recollection with them and witnesses should be told not to make their notes together or to
discuss their evidence together. Their evidence will sound very hollow in Court if it
appears that any evidence has been concocted as the result of discussion.)
Did you/they use a jigger, shot glass, or measuring device?
2. Describe Yourself:
Age:
Gender:
Height:
Weight:
Experience with Drinking:
What were you wearing:
Shoes:
Shirt:
Jacket:
Hat:
Your Employment:
Exposure to fumes at home or work:
3. Medical or Other Conditions Respecting:
Your eyes:
Your face:
Your lungs and breathing:
Your stomach and intestines:
Your balance and co-ordination:
Injuries:
Disabilities:
Medications (and times):
4. Your Driving Record:
Previous Drunk Driving Charges (Where, When, Sentence):
Previous Suspensions or Prohibitions from Driving:
Other Criminal Record:
Outstanding Criminal Charges:
Previous State or Provincial Offences (Where, When, Sentence):
Outstanding State or Provincial Offences:
Record of Accidents:
Automobile Insurance Company and Status:
5. What offences are you charged with:
6. Did the police see you driving?
Describe where you were driving including streets and city names.
Speed limits?
Where did you come from?
How far did you drive?
Where were you going?
Was there anything unusual about your driving? Why?
When and where did you first see the police vehicle?
What drew your attention to the police vehicle?
How far did you go after you first saw the police vehicle?
How did the police stop you?
Was there any construction on the road, if so please have someone take photos.
Time:
Were you stopped at a spot-check programme? Describe the site including what each officer was doing:
Can the police prove that you were driving?
7. Was there an accident?
Describe where you were driving including streets and city names.
Where did you come from?
How far did you drive?
Where were you going?
When and where did you first see the other vehicle or obstacle that you collided with?
What drew your attention to the other vehicle?
Were you injured?
Did you stay in the car or did you get out?
Did you talk to others at the scene?
When did you first see a police vehicle?
How did the police approach you?
Was there any construction on the road, if so please have someone take photos.
Did anyone take photos of the accident?
What did you say to the other drivers or witnesses?
Was anyone injured?
Time of the accident:
Can the police prove time of the accident? How? Was there a witness who noted the time?
Who can give evidence for you about the accident?
Who can give evidence against you about the accident?
8. If the police didn't actually see you driving
Were you seated in the driver's seat when the police approached you?
Time:
Where were your buttocks?
Where was your head?
Where were your hands?
Where were your feet?
Did you get out of the car before the police approached you?
Where were the keys?
Was the engine on or off?
Was the transmission in park or in gear?
Were the headlights on or off?
Was the radio on or off?
Was the heating/air conditioning on or off?
9. Where was the police officer when they first saw you?
Did the police have a video camera at the scene?
Did the officer come up to the car window?
Time:
Did you roll the window down before or after the officer approached?
Was anyone else in the car? Where? Had they been drinking?
Were there any alcoholic beverages open in the car?
10. What did the police officer ask you to do? Remember in detail the words that the police officer used and the exact chronology of events.
Did the officer ask you to produce your ownership and driver's licence? Did you do it without fumbling?
Did the officer ask you to get out of the car?
Did you lean on the car?
Time:
Did you have any trouble walking? Why?
Did the officer ask you if you had been drinking?
Did the officer ask you to get into the police car? Remember in detail all the words that the police officer used and the exact chronology of events.
Were you videotaped at the scene?
11. Physical Tests at the Scene
Did the officer ask you to perform any roadside physical tests?
How did you reply?
Did you perform any physical tests?
What did he/she ask? How did you do?
Describe each roadside physical sobriety test :
1.
2.
3.
Did the officer ask you to count or recite the alphabet?
12. Did the officer require that you blow into a roadside screening device?
When were you first told that this was the officer's intention?
Did the officer read something formal to you from a notebook card? What did he or she say:
Did the officer pull a fresh mouthpiece out of a sealed bag?
Did the officer look at the mouthpiece?
Describe the machine. Did it have lights or a digital display? Do you know what the manufacturer or model of the machine was?
Did the officer show you how to blow?
Did you try to blow or did you stick your tongue in the mouthpiece?
How many tries?
What light came on or what did the digital display show?
Did the officer complain that you weren't blowing hard enough?
Did you get a warning about not blowing hard enough?
What happened next?
13. Details of the arrest, breath demand/implied consent warning, and rights?
What did the officer say:
What did they arrest you for?
Did they demand a breath, blood, or urine sample?
Did they read an implied consent warning?
Did you have any trouble with the language spoken by the officer? Did you need an interpreter?
Did they caution you that you did not have to say anything and that anything you said could be used against you?
Did you answer any police questions at the scene or in the car prior to consulting counsel?
14. How did the officer bring you back to the station?
Time left the scene. Reason for delay, if any:
What happened to your car?
Where were you placed?
Were you handcuffed?
Did the officer radio for instructions. Was there any delay or confusion in the instructions from headquarters?
What route did the officer take?
Was it a direct route? Any detours?
Any conversation between you and the officer in the car?
15. What did they do with you when you first arrived at the station?
By what route did they bring you into the building?
Were you videotaped when you first arrived?
Were you asked if you wanted to telephone a attorney of your choice?
Were you asked if you wanted to telephone duty counsel?
Were telephone books provided? What condition were they in? Were they for the jurisdiction where your attorney has an office?
Did the police give you privacy during your telephone call?
Who did you call?
Describe the room, the door, and where the officers were.
How long were you on the phone.
Were you videotaped during the call?
Were you asked any questions before you spoke to the attorney or duty counsel?
Did you ask to make a second telephone call? Why?
Did you ask to visit the washroom? Did you have any difficulty on the way to or in the washroom that the officer observed?
Was there any delay?
Was any other accused ahead of you in the breath room?
16. What happened at first in the breath room?
Was there any delay?
Were you videotaped?
Were you audiotaped?
Did the arresting officer come into the room? Did he or she explain the details of the case to the breath technician? Did he or she outline his or her "r & pg" or reasonable and probable grounds?
What did the arresting officer say?
About time of arrest or the accident?
About evidence of impairment?
About admissions by you?
About what the arresting officer was told by witnesses?
Were you asked to comment? Did you? Did you follow the advice given to you by your attorney or duty counsel?
How close did the breath technician get to you?
Did he or she look into your eyes or face or smell your breath?
Did the breath technician see you walking?
Where were you sitting? Did you lean against the wall?
Did the breath technician make his or her own formal demand for a breath sample (out of his or her notes or notebook)?
Did you ask to visit the washroom? Did you have any difficulty on the way to or in the washroom that the officer observed?
What sort of breath machine was used? Describe it by size, sounds, make (if you know)?
What did the breath tech tell you before you blew into the machine?
Did you have any difficulty blowing into the machine? Why?
What were the results of the first breath test:
What time was the first breath test:
Describe what the technician did before and after the blow:
17. Describe what happened after the first test:
Did you receive any warnings about not blowing properly?
Were you charged with failure to blow?
Did you ask to use the washroom? What happened?
Did you ask to call a attorney again?
Were you asked to perform any physical tests?
How did you reply?
Did you perform any physical tests?
Describe them:
Were you asked any questions?
Did you reply? If so, what were your answers?
About where you were coming from and where you were going?
About your criminal record?
About how much you were drinking and when?
About your medical condition (if any)?
About your sense of time?
Any delay?
Did the breath tech perform tests on anyone else in the meantime?
18. Describe the second breath test (if any)?
Was there any delay?
Did the machine appear to be operating properly?
What did the technician do before and after the second test?
Did you have any difficulty blowing?
What were the results:
Time of second test:
19. Did they tell you they were charging you with a further charge?
Did they give you any further warnings?
Did they read you your rights again?
What did they say?
20. Did they lodge you in the cells until sober?
Was anyone waiting to pick you up from the station?
Did the police let you call home home or a friend to pick you up?
Did the police give you an explanation as to why they were still holding you?
Did the police delay in releasing you?
What method did the police use to determine that you were sober enough to release?
21. What papers did you receive when you were released?
Did the releasing officer carefully compare the copy of each document with the originals to ensure that you were served with a true copy?
Are there any errors on any of these documents? Do not write anything on any of them!
22. If you suffered any injuries in the accident, at the scene, or at the police station did you go to the hospital after you were released?
Were any blood samples taken at the hospital? This should have been done forthwith if at all.
Document everything that happened at the police station and bring the details to your attorney.
What are the names of each of the police officers? Describe them.
What is the name of the breath technician? Describe him or her.
Have someone take photos of any injury that you suffered.
Obtain a city map of the area where you were driving.
Obtain a weather report for the time when you were driving.
23. Book an appointment with your attorney the next day.
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My name is Aswani K. Datt and I am a Criminal Defence Lawyer who practices in Brampton, Mississauga, Peel Region and the Greater Toronto Area. Going to court is a life changing experience for most people. Most people do not know their legal rights and feel as if their life is in the hands of perfect strangers and a heartless government bureaucracy. Feeling powerless is just as bad as being powerless. This does not have to be the case. I believe that people deserve the highest level of legal representation and I guarantee that I will fight to the end for your right to a fair trial. You must never forget that you are innocent, until proven guilty beyond a reasonable doubt.
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Ron Jourard Toronto , ON , CA
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- For information on my practice and the defence of drinking and driving charges in Ontario, please visit my website at www.defencelaw.com.
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Toronto Criminal Defence Lawyer Toronto , ON , CA
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When Earl first saw me, he defeatedly told me "I know I can't beat the breathalyzer." He was mistaken. Keith had no reason to feel confident about his DUI, but that all changed the morning of the trial. I told Seth that he had a slim-to-none chance. In the end, my caution looked like false modesty. Visit CraigPenney.com to read about these and other cases, with links to Court transcripts, police reports, and client testimonials. Just click on Driving Offences section in My Cases. When you're ready to put my experience to work for you, call 416 410 2266 for a confidential consultation. Craig Penney, Toronto Criminal Defence Attorney
The criminal process is often complicated and lengthy. Penalties for driving offences vary, but can include driver's license suspension, the installation of an ignition interlock device, and sometimes, jail time.
Tushar K. Pain, Toronto Criminal Defence Lawyer Toronto , ON , CA
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Tushar Pain practices exclusively in the area of criminal defence law and is a member of the Criminal Lawyers' Association. He has appeared at various levels of court including the Ontario Court of Justice, the Superior Court of Justice and, The Court of Appeal for Ontario. He has conducted bail hearings, "judge alone" trials, jury trials, appeals, and applications for special remedies. The range of criminal charges defended include but are not limited to assault, sexual assault, robbery, drug offences, weapons offences, firearms offences, arson, theft, fraud, break & enter, drinking and driving offences, attempted murder, securities offences, tax evasion, regulatory offences, Internet and Intranet crimes, computer crimes, offences under the Environmental Protection Act, professional disciplinary offences, embezzlement, corporate crimes, and conspiracy offences. Mr. Pain's main office is located on Bay Street in Toronto. He also maintains a second office in the City of Markham.
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Practice restricted to criminal law handling a multitude of almost every type of criminal case including murder, attempted murder, manslaughter, rape, sexual assault, drug offences, theft, fraud, assault and impaired driving.
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Law Office of H. John Kalina Brampton , ON , CA
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Criminal: Drugs, Youths, Impaired, Over 80, Refuse, Assault, Property crimes, Tax, Customs & Excise, Fraud. Certified Breath Alcohol Technician for the Intoxilyzer S-D2, S-D5, 400 and 5000.
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Practice restricted to the Defence of Criminal Charges under the Criminal Code of Canada, the Controlled Drugs and Substances Act and the Youth Criminal Justice Act. Particular emphasis on the Defence of Drinking and Driving Offences*, Assaults, Domestic Assaults, Robberies ,Theft, Break and Enters, Drug Possession, Drug Trafficking, Cultivation and Possession of Drugs for the Purpose of Trafficking and serious matters under Provincial Legislation such as the Highway Traffic Act and the Compulsory Automobile Insurance Act. * Certified Breath Alcohol Technician for the Intoxilyzer S-D2, S-D5, 400 and Intoxilyzer 5000*
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<a href="http://www.lawyers.ca">Stephen R. Biss, Barrister & Solicitor</a> Mississauga , ON , CA
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I have been practicing criminal law defence since 1979 in Mississauga, Ontario, Canada, focusing in the Greater Toronto Area. My experience includes both prosecution and defence. I have been a part-time Assistant Crown Attorney since 1981 and per diem duty counsel since 1979. I have special interest in impaired driving law and Youth Court law issues. I enjoy legal research and creative criminal law defences that capture the Court's imagination. I employ expert toxicologists, engineers, and photographers to help prove my client's case is just and reasonable. I spend a great deal of time in the Ontario Court of Justice Criminal Court in Brampton, Mississauga, Orangeville, Toronto, Oakville, and the surrounding municipalities. My clients come from the whole Greater Toronto Area including courts in Kitchener, Hamilton, Burlington, Milton, Newmarket, Etobicoke, Scarborough, Whitby, and Oshawa. I am past Treasurer and past President of the Peel Criminal Lawyers Association, as well as past webmaster and listserv manager for the Ontario Criminal Lawyers' Association.
I am actively involved as a presenter in continuing legal education programmes for impaired driving attorneys and law associations in Ontario.A conviction for either impaired operation, over 80 mg/100mL, or refusal to provide a breath sample results in a minimum DUI fine or jail: 600 dollar fine for a first, minimum 14 days jail for a second, or a minimum of 90 days in jail for a third. A Criminal Code driving prohibition will be imposed by the Court precluding operation of a motor vehicle anywhere in Canada for at least one year. Minimum automatic driver's licence suspension by the Ministry upon conviction in Ontario of 1 year for a first, 3 years for a second, lifetime for a third. Course and fee required for licence reinstatement. Installation of an ignition interlock system is required after reinstatement. There is an automatic administrative licence suspension for 90 days immediately upon arrest. If you drive while suspended in Ontario, you face harsh penalties. Please see the Canadian Criminal Law Case Briefs database for more information.
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I have been practicing law since 1987 with an emphasis on criminal court work, including impaired (drunk) driving, over 80, assault, harassment, domestic cases, bail hearings, appeals, motor vehicle accident charges,and all other criminal code charges. Contact me by telephone or e-mail for a free consultation.
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Area of Practice: -Administrative Law -Criminal Injuries Compensation Board -Immigration -Civil Litigation Law -Co-op Housing -Motor Vehicle Accidents -Residential Landlord and Tenant (Tenant) -Victims of Abuse -Wrongful Dismissal -Criminal Law -Highway Traffic Offences -Impaired Driving / Over 80 ml / DUI -Summary Offences -Youth Court -Family Law -Adoption -Annulments -Child / Spousal Support -Child Custody / Access -Child Protection Proceedings -Collaborative Family Law -Family Court of Appeal -Paternity -Restraining Orders -Separation / Divorce -Uncontested Divorce -Labour and Employment Law -Employment Contracts -Sexual Harassment / Discrimination -Wrongful Dismissal -WSIB / WCB / WSB -Real Estate Law -Independent Legal Advice
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My practice is restricted to Criminal Law. I have been a defence lawyer since I started practicing law (over 15 years) and have been also hired by the Crown Attorney to work on a part-time basis for them. Impaired driving cases is the single-most prevalent charge I deal with in my practice as compared to all other criminal offences.
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Originally from Trenton, I've returned to my hometown to practice criminal and personal injury law. My criminal cases are mostly impaired driving, drive over 80*, dangerous driving, drive no insurance and other offences involving motor vehicles. I will represent clients throughout the Quinte area including Trenton, Quinte West, Belleville, Prince Edward County and Brighton. Give me a call for a free consultation. *Certified Breath Alcohol Technician for the Intoxilyzer S-D2, S-D5, 400 and Intoxilyzer 5000
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Area of Practice: -Administrative Law -Alternative Dispute Resolution -Boards / Agencies -Citizenship -Constitutional Law -Coroners Inquests -Criminal Injuries Compensation Board -CRTC -Customs -Education -Human Rights / Discrimination -Immigration -Mental Health / Competency -Military Law -Municipal Law -Native Law -Police Complaints -Social Program -Transporation (Maritime) Law -Transporation Law -Workers' Compensation -Business Law -Alternative Dispute Resolution -Bankruptcy and Insolvency Law -Business Bankruptcy / Insolvency -Business Leases -Business Licensing and Zoning -Business Purchase and Sale/ Lease -Commercial Contract -Computer Law -Construction Law -Copyright -Directors Officers Duties -e-Commerce Law -Entertainment Law -Environmental Law -Franchising / Licensing / Distribution Agreements -Incorporations -Independent Legal Advice -Intellectual Property Protection -International Business -Mergers and Acquistions -Municipal / Zoning / By-law -Non Profit Charitable Organizations / Corporations -Partnership -Patent -Personal Property Security / Financing Security -Provincial and Federal Corporate Law -Publishing Contracts -Securities Law -Shareholder's Agreements -Sports Law -Tax Law -Telecom, Internet and Radio Spectrum -Trademarks -Transporation Law Civil Litigation Law Alternative Dispute Resolution Aviation Accident Chattel Leases / Liens Class Action Co-op Housing Commercial Landlord and Tenant Commercial Litigation Criminal Litigation Debt Collections Disability Law Education Litigation Environmental Law Estate Litigation Human Rights / Discrimination Injunctions Innkeepers Act Insurance Litigation Intellectual Property Lawyer Malpractice Medical Malpractice Mental Health Motor Vehicle Accidents Municipal Law Native Rights Personal Bankruptcy / Insolvency Personal Injury Product Liability Professional Malpractice Property Damage Real Estate Litigation Residential Landlord and Tenant (Landlord) Residential Landlord and Tenant (Tenant) Slander / Libel Small Claims Court Tax Litigation Victims of Abuse Wrongful Dismissal Criminal Law Correctional Law Criminal Court of Appeal Deportation Drug Offences Environmental Offences Extradition Highway Traffic Offences Hunting and Fishing Offences Hybrid Offences Immigration Offences Impaired Driving / Over 80 ml / DUI Indictable Offences Inquests Mental Health Parole / Probation Provincial Offences Restraining Orders Sexual Offences Summary Offences Taxes / Customs Victims of Abuse Youth Court Estate Law Alternative Dispute Resolution Estate Administration and Distribution Estate Litigation Estate Planning Independent Legal Advice Living Wills Power of Attorney Representation Agreements Trusts Wills Family Law Adoption Alternative Dispute Resolution Annulments Bankruptcy and Insolvency Child / Spousal Support Child Custody / Access Child Protection Proceedings Collaborative Family Law Committeeship (Mental Incompetency) Division of Property / Assets Domestic Contract Elder Law Family Court of Appeal Independent Legal Advice International Divorce Paternity Restraining Orders Separation / Divorce Uncontested Divorce Variation Orders Real Estate Law Alternative Dispute Resolution Commercial Real Estate Condominium Contract Construction Liens Environmental Law Expropriation Independent Legal Advice International Real Estate Mortgage Agreements Mortgage Defaults / Enforcement Municipal Law / Planning Issues Real Estate Litigation Residential Real Estate Rural Real Estate Taxes Zoning By-Law Applications
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Area of Practice: -Criminal Law -Correctional Law -Criminal Court of Appeal -Drug Offences -Highway Traffic Offences -Hybrid Offences -Impaired Driving / Over 80 ml / DUI -Indictable Offences -Inquests -Mental Health -Parole / Probation -Provincial Offences -Restraining Orders -Sexual Offences -Summary Offences -Victims of Abuse -Youth Court
Crystal Criminal Law Office Ottawa , ON , CA
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Area of Practice: -Criminal Law -Criminal Court of Appeal -Drug Offences -Environmental Offences -Hybrid Offences -Impaired Driving / Over 80 ml / DUI -Indictable Offences -Inquests -Mental Health -Sexual Offences -Summary Offences -Youth Court
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Area of Practice: -Civil Litigation Law -Alternative Dispute Resolution -Commercial Litigation -Criminal Litigation -Debt Collections -Estate Litigation -Innkeepers Act -Insurance Litigation -Lawyer Malpractice -Mental Health -Motor Vehicle Accidents -Personal Injury -Professional Malpractice -Small Claims Court -Criminal Law -Correctional Law -Drug Offences -Hybrid Offences -Impaired Driving / Over 80 ml / DUI -Indictable Offences -Mental Health -Parole / Probation -Sexual Offences -Summary Offences -Youth Court -Estate Law -Estate Administration and Distribution -Estate Litigation -Trusts Family Law Adoption Alternative Dispute Resolution Annulments Child / Spousal Support Child Custody / Access Child Protection Proceedings Division of Property / Assets Domestic Contract Independent Legal Advice Restraining Orders Separation / Divorce Uncontested Divorce Variation Orders Real Estate Law Real Estate Litigation
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Area of Practice: -Civil Litigation Law -Alternative Dispute Resolution -Commercial Landlord and Tenant -Commercial Litigation -Criminal Litigation -Debt Collections -Education Litigation -Estate Litigation -Injunctions -Innkeepers Act -Insurance Litigation -Medical Malpractice -Mental Health -Motor Vehicle Accidents -Municipal Law -Personal Injury -Product Liability -Professional Malpractice -Property Damage -esidential Landlord and Tenant (Landlord) -esidential Landlord and Tenant (Tenant) -lander / Libel -mall Claims Court -wrongful Dismissal -Criminal Law -Drug Offences -Environmental Offences -Highway Traffic Offences -Hunting and Fishing Offences -Hybrid Offences -Impaired Driving / Over 80 ml / DUI -Indictable Offences -Provincial Offences -Restraining Orders -Sexual Offences -Summary Offences -Youth Court Estate Law Estate Litigation Living Wills Power of Attorney Wills Family Law Alternative Dispute Resolution Annulments Child / Spousal Support Collaborative Family Law Committeeship (Mental Incompetency) Division of Property / Assets Domestic Contract Independent Legal Advice International Divorce Paternity Restraining Orders Separation / Divorce Uncontested Divorce Variation Orders Labour and Employment Law Wrongful Dismissal
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Area of Practice: -Administrative Law -Education -Criminal Law -Drug Offences -Environmental Offences -Highway Traffic Offences -Hunting and Fishing Offences -Hybrid Offences -Impaired Driving / Over 80 ml / DUI -Indictable Offences -Sexual Offences -Summary Offences -Youth Court -Estate Law -Estate Administration and Distribution -Estate Planning -Living Wills -Power of Attorney -Wills -Family Law -Collaborative Family Law -Uncontested Divorce -Labour and Employment Law -Employment Contracts -Employment Insurance (EI) -Employment Standards -Human Rights / Discrimination -Individual Employee Representations -Professional Discpline Hearings -Sexual Harassment / Discrimination -Unionized Personnel -Real Estate Law -Commercial Real Estate -Condominium Contract -Independent Legal Advice -Mortgage Agreements -Mortgage Defaults / Enforcement -Municipal Law / Planning Issues -Residential Real Estate -Rural Real Estate -Zoning By-Law Applications
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Practice restricted to the Defence of Criminal Charges under the Criminal Code of Canada, the Controlled Drugs and Substances Act, the Youth Criminal Justice Act and the Highway Traffic Act. Emphasis on the Defence of Drinking and Driving Offences, Refusals, Dangerous Driving, Careless Driving, Drive While Suspended or Prohibited, Drive with No Insurance, Assaults, Domestic Assaults, Robberies ,Theft, Break and Enters, Drug Possession, Drug Trafficking, Cultivation and Possession of Drugs for the Purpose of Trafficking.
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Copyright Stephen R. Biss, Barrister & Solicitor, 2001