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False DUI Arrest Defence

Updated: April 16, 2026
Legally Reviewed by Alan Pearse

Mr. Pearse runs 100% of his own trials.  Your trial will never be passed on to another lawyer.

All around Canada, impaired driving laws have tightened in recent years.

While identifying and prosecuting DUI offenders is an attempt by the authorities to make the roads safer, it has led to an increase in wrongful and false DUI arrests.

It is not fair for anyone to face the driving restrictions, heavy fines and the prospect of possible jail time, as well as the potential consequences of a lifelong criminal record if you are wrongly arrested for DUI.

However, to ensure that your immediate and long-term future is not adversely affected, you need a DUI defence lawyer to arrange your release and ensure that the details of your arrest do not appear on your record.

What is a false DUI arrest?

A false arrest is similar to a wrongful arrest but there is an important difference.

A false DUI arrest occurs if the police arrest you for a DUI offence but the evidence gathered does not support the belief that a crime has been committed. You should be released immediately but that is not always the case.

A wrongful DUI arrest occurs if you are arrested by a police officer, who exerts powers beyond those vested in them and without the relevant authority.

Both false and wrongful arrests could be due to an honest mistake on behalf of the police officer.

A good example of a false DUI arrest is when somebody with diabetes is arrested for DUI despite not having consumed any alcohol or having consumed alcohol well within the legal limit for operating a vehicle.

Studies have shown that the breath tests commonly used by law enforcement officers can register acetone (high levels of which may be on the breath of diabetics) as alcohol, up to a concentration of 0.6 mg.

While it is illegal to drive with a blood alcohol concentration of 0.8mg, anything over 0.5 will be a red flag to police officers. You could be interpreted as being under the influence of alcohol even if you have not consumed any.

If you had consumed a single alcoholic drink, your BAC reading may be well over the legal limit because of your medical condition. Should you be arrested, it would be considered a false DUI arrest.

How to handle a false DUI arrest in the Northwest Territories?

Operating a vehicle (including a car, truck, boat, snowmobile, off-road vehicle, etc.)under the influence of alcohol or another prohibited substance is illegal under the impaired driving laws of Canada

If you are convicted of driving while impaired by alcohol or any drug (including illegal drugs and over-the-counter medications) you will face criminal charges with the prospect of:

  • A substantial fine
  • Possible jail time
  • A driving suspension

So, it can be very intimidating to be arrested, even falsely, for impaired driving. In such stressful situations, people often make rash decisions.

The calming influence of an experienced DUI lawyer like Alan Pearse can make a huge difference in such situations. He is well-equipped to arrange your release much quicker than attempting to do it alone.

If the police have arrested you and the subsequent evidence does not support their reasons for arresting you, Alan will ensure that you are released without charge.

If you are charged, he will guide you through the legal processes and vigorously defend your rights in court.

Common reasons why your DUI may be dismissed

DUI charges are often dismissed before they ever make it to trial.

Unless the law enforcement and prosecutors have watertight evidence, Alan Pearse will find potential weaknesses in the case against you.

It is not uncommon for the prosecution to dismiss the case before court proceedings begin because they are aware of flaws in the case that will be exploited by any good defence lawyer and result in an acquittal.

The presence of a seasoned DUI defence lawyer often precipitates this decision, as do the persuasive arguments and supporting evidence from the lawyer.

Pleading not guilty is nearly always the best course of action in DUI cases because even the smallest error from the police in following correct procedure can cause evidence to be inadmissible and for the case to be dismissed.

Cases are also very technical, relying on the accuracy of testing equipment, so this can often be called into question with false DUI arrests.

The most common reasons for case dismissal with DUI charges are the following:

  • Illegal search and seizure: in the absence of a search warrant, the police need probable cause (like smelling alcohol on your breath) in order to search your vehicle for alcohol containers or other evidence of drinking.
  • Failing to advise you of your rights: after you are arrested, you have the right to speak to your lawyer and it is advisable you do so. If the police do not inform you of this right, the case could be dismissed.
  • Invalid field sobriety tests: unless the police use an approved test in the designated way from an approved device, the evidence may not be valid.
  • Breach of constitutional rights: all Canadian citizens have certain rights under the Charter, which need to be observed by law enforcement when stopping, arresting, and charging you.

False DUI arrest and in need of legal advice?

If you are on the receiving end of a false DUI arrest, it is important to seek the assistance of an experienced and reputable DUI lawyer to defend you so that you can continue your life without worrying about a criminal record.

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Testimonials

I’m a single mother, and was going through a very bad breakup. I made a terrible mistake by drinking and driving, and put my child at risk. However, this is not who I really am. I’m generally very against drunk driving. I know that what I did was wrong, but I’m basically a good person. Alan met with me very quickly, and got the ball rolling. He was straightforward and honest, and told me what my chances were. I eventually decided to fight the charges, because I just couldn’t have a criminal record. I was very impressed with his abilities in court, and I eventually won the trial. Thank you so much.

Mz W.

Allan Pearce was amazing and made the whole process easy to understand and gave me peace of mind. His experience and knowledge assured me that I had nothing to worry about. I highly recommend him as I didn’t even have to step a foot in the court room and he won my case with ease. If you end up in the same situation give this man a call because he gets results fast. Thank you Allan for everything, I am very grateful for how quickly you resolved this problem for me and how easy you were to talk to.

Lissa K.

Frequently Asked Questions

Will I Lose My Licence From a DUI Charge in Canada?

A DUI or impaired driving charge in Canada can result in a licence suspension, but whether you lose your licence — and for how long — depends on several factors including your province or territory, whether you are convicted, and whether it is a first or repeat offence. Here is a general breakdown:

  • Immediate roadside suspension: In most Canadian provinces and territories, including the Northwest Territories, police can suspend your licence immediately at the roadside upon a failed or refused breathalyzer test — before any court conviction
  • Upon conviction — first offence: A mandatory driving prohibition of at least one year is imposed federally under the Criminal Code of Canada
  • Upon conviction — second offence: A minimum two-year driving prohibition
  • Upon conviction — third or subsequent offence: A minimum three-year driving prohibition
  • Impaired driving causing bodily harm or death: Driving prohibitions can extend significantly longer, up to a lifetime ban in the most serious cases

It is important to understand that a charge alone does not automatically result in a permanent licence loss — a conviction does. Fighting your DUI charge with the help of an experienced lawyer may help you avoid or reduce the impact on your driving privileges. Additionally, some jurisdictions offer Ignition Interlock Programs that allow drivers to regain limited driving privileges while serving their prohibition period.

A DUI conviction in the Northwest Territories results in a permanent criminal record under the Criminal Code of Canada. This record does not disappear automatically over time. However, individuals may be eligible to apply for a Record Suspension (formerly known as a pardon) through the Parole Board of Canada after a waiting period:

  • Summary conviction DUI: Eligible to apply 5 years after completing your sentence
  • Indictable conviction DUI: Eligible to apply 10 years after completing your sentence

A Record Suspension does not erase the conviction but seals it from most background checks. It is important to note that a DUI on your record can impact employment opportunities, travel to the United States, professional licensing, and custody matters. Speaking with an NWT DUI lawyer about your long-term options is highly recommended.

In the Northwest Territories, DUI penalties include both federal criminal consequences under the Criminal Code of Canada and territorial administrative sanctions under the NWT Motor Vehicles Act. Here is what you can expect:

  • Immediate roadside licence suspension upon failing or refusing a breathalyzer test
  • Criminal conviction resulting in fines, imprisonment, and a driving prohibition
  • Mandatory participation in the NWT’s Ignition Interlock Program following certain convictions
  • Vehicle impoundment in applicable circumstances
  • Increased insurance premiums or potential loss of coverage
  • Permanent criminal record affecting employment, travel, and border crossing into the United States

Penalties become significantly more severe for repeat offenders or where impaired driving caused injury or death. An NWT DUI lawyer can help you understand your specific charges and available defences.

While cannabis has been legalized in Canada, it doesn’t mean you’re free to drive after taking it. 

Basic to Canadian highway laws is the responsibility to exercise due care for the safety of other road users. 

If your judgement is in any way impaired while driving – be it through the use of alcohol, illicit drugs, or prescription drugs – you may be committing a criminal offence and can be arrested and charged.

Cannabis consumption is confirmed by a blood or urine test, which will measure the amount of THC (the psychoactive substance in cannabis) in your system.

If you read over 2 nanograms (ng) of THC per millilitre of blood, you are breaking the law. If the reading is over 5ng, you will likely face more severe punishments.

While each province imposes penalties for impaired driving, the Department of Justice lays down some federal guidelines for the offence.

These include the following mandatory minimum penalties:

For first-time offenders:

A mandatory minimum fine of $1,000 applies for a BAC of 0.119 or (for a drug-impaired driving charge) 5ng of THC or any other prohibited drug in your system within two hours of driving. 

If you are found with 2.5ng of THC per ml and a BAC of .05 combined, the mandatory minimum fine is also $1000.

Fines increase according to BAC content from there:

  • 0.120 to 0.159: a minimum $1,500 fine
  • 0.160 or higher: a minimum $2,000 fine

For second-time offenders:

A second conviction for any of the above will result in a mandatory minimum of 30 days in prison. 

For third-time offenders:

A third conviction for any of the above will result in a mandatory minimum of 120 days in prison. 

The federal guidelines state that the maximum penalty for each of the above charges is 10 years in prison.

Not providing a sample:

If you choose not to provide a blood or urine sample to police you will be treated harshly, with a minimum fine of $2,000. The chances of a conviction are also high.

If an injury to another person results from your impaired driving, a summary conviction carries a maximum of two years in prison less a day.

In some particularly serious cases, the offence is charged as an indictment, with a maximum prison term of 14 years.

If your impaired driving causes the death of another individual, a life prison term is possible according to federal guidelines for indictments.

In addition to these federal guidelines, each province sets mandatory penalties for the removal of driving privileges and participation in drug and alcohol education programs.

Note that if you are convicted of impaired driving in Canada, you will face two separate driver’s license suspensions: a criminal suspension imposed by the federal government and an administrative suspension imposed by your provincial government. The administrative suspension will apply regardless of the outcome of your criminal case.

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