Charged with Drunk Driving? 5 Immediate Steps to Protect Yourself

The police officer tells you you’re being charged with Impaired Driving or Over .80. Your stomach drops. Your hands are clammy. You’re overwhelmed with thoughts about your future.

You have rights. But what you do in the next few hours matters.

Here are five immediate steps you can take to protect yourself, your family, and your future.

Step 1: Call a Criminal Defence Lawyer – Immediately

Calling a criminal lawyer is the most critical thing you can do. Don’t waste time.

You can ask the police—sometimes as early as when you’re being pulled over—for the opportunity to call a lawyer. You can let them know you have a working cell phone and can contact or search for a lawyer. The officer may refuse your request depending on the circumstances, but simply making the request can be important to your defence later.

Your next opportunity to call a lawyer will likely be at the police station. If you don’t already have one, ask for a list of local counsel. You don’t have to use duty counsel—you have the right to call the lawyer of your choice.

If you’re reading this after being charged, call a defence lawyer immediately. Your memory of the events will fade with time (see Step 3). Speaking with a lawyer early helps preserve important details and ensures you avoid common mistakes. They’ll guide you through next steps, court preparation, and strategy.

Step 2: Stop Talking

You have the right to remain silent. This protects you from self-incrimination and is one of your most important rights.

That said, you’re not expected to be mute. In fact, you are legally required to provide certain information: your licence, registration, and insurance, for example. If the police demand a roadside breath sample—even before you’ve spoken to a lawyer—you must comply.

If you're unsure whether you're obligated to answer a question, clearly and calmly repeat your request to speak with a lawyer.

Except for providing legally mandated information, talking to police or correcting their information without legal advice is risky. Except in very limited circumstances, anything you say can and will be used against you.

Don’t guess. Talk to a lawyer before you talk to the officer.

Step 3: Document Everything—Really, Everything

If possible, try to document what’s happening during the arrest. Realistically, you may not have much opportunity to do this in the moment.

Your first chance to document will likely be when you speak with your lawyer at the station. Share as much detail as you can about the stop and arrest. This helps your lawyer give tailored advice and preserves your memory while it’s fresh.

Your second chance to document is when you get home. You’ll probably want to sleep—but before you do, write down everything you remember: times, names, badge numbers, events, statements, weather—everything. The police will be documenting their version, so it’s crucial that you preserve yours.

Seal your notes in an envelope marked “Privileged – For My Lawyer” and bring it to your lawyer as soon as possible.

In impaired driving cases, especially those involving Charter motions, the defence is often in the details.

Step 4: Track Key Deadlines

Your lawyer will help you manage these, but it’s important to keep track yourself. When charged with Impaired Driving or Over .80 in Canada, there are several key dates to note:

• Fingerprint Date: You’ll be given a date to return to the station for fingerprinting. This is mandatory. Write it down and arrange transportation—your licence will be suspended. If the date is impossible for you, tell your lawyer so they can try to reschedule.

• Court Date: Your documents will include a First Court Date. This isn’t your trial—it’s an administrative appearance. You or your retained lawyer must attend. At this stage, the Crown will likely provide disclosure (the evidence against you), and you’ll schedule a negotiation meeting (called a Counsel Pre-Trial or CPT). You’ll also confirm your preferred language for proceedings and request a translator if needed. Most lawyers attend this on behalf of their clients.

• Driving Suspension: Your vehicle will likely be impounded, and your licence suspended for 90 days. Driving during this period—even a short distance—can result in a charge of Driving While Prohibited, which often leads to jail time and a longer, harsher suspension. Note when and where you can retrieve your vehicle. You’ll be charged for each day it’s held, so plan to minimize costs. You’ll need someone else to drive it home.

• “Stream A” Deadline: In Ontario, if you plead guilty within the first 90 days, you may qualify for a reduced driving prohibition with an Interlock device. This deadline is strict and cannot be extended. Speak to a lawyer right away to decide whether to plead or go to trial.

Step 5: Breathe, Take Care of Yourself, and Plan

The biggest mistake people make after being charged is trying to do everything themselves. Impaired driving cases are highly technical. Trying to learn the law in a moment of crisis is not only overwhelming—it’s ineffective.

Focus on what only you can do: taking care of yourself.

Your lawyer can’t mend relationships, speak to your employer, provide emotional support, or arrange transportation. These are critical parts of your life, and they’re your responsibility.

You don’t have to face this alone. You and your lawyer are a powerful team. They’ll handle court dates, deadlines, legal advice, negotiations, and strategy. Since you’re trusting them with your defence, make sure they have expertise in impaired driving cases and understand your goals.

Your role is to take care of yourself, avoid driving, and collaborate with your lawyer.

You Are Not Alone

Many—if not most—people charged with Impaired Operation have never had a criminal record. They often lead successful lives and carry important responsibilities.

In almost any room you’re in, someone else has faced the same charge.

Handled properly, this can be a bump in the road—something you overcome and move past.

If you or a loved one has been charged with a DUI offence (in Canada, Impaired Driving, Over .80, or Refuse to Provide a Sample), we can help. Call Primeau Law to discuss your next steps today.