Every year, thousands of drivers are charged with impaired driving in Ontario, facing stiff impaired driving penalties – from huge fines to long licence suspensions and even jail time. It’s no surprise the first question we hear is, “What are my chances of winning a DUI case in Ontario?” and “what percentage of DUI cases get dismissed?”
Here’s the good news: recent figures from Statistics Canada show that roughly 64% of impaired-driving files in provincial courts now end without a conviction. In other words, the odds of winning a DUI case in Ontario are better than a coin flip – provided you and your lawyer know where the Crown’s case can crack.
Below, we show you where those weak links usually hide and how the right defence strategy can turn today’s favourable statistics into your personal win.
DUI Stats in Ontario
But first, let’s take a look at the data on DUI cases in Ontario. The following table shows how many DUI cases were dismissed in Ontario, guilty convictions, acquittals, and cases stayed or withdrawn for the period from 2015/2016 to 2022/2023:
| Fiscal Year | Total Decisions | Guilty Convictions | % Guilty | Acquittals | % Acquitted | Stayed or Withdrawn | % Stayed or Withdrawn |
|---|---|---|---|---|---|---|---|
| 2015/2016 | 23,592 | 11,199 | 47.47% | 449 | 1.90% | 11,788 | 49.97% |
| 2016/2017 | 23,880 | 11,264 | 47.17% | 422 | 1.77% | 12,069 | 50.54% |
| 2017/2018 | 23,435 | 11,039 | 47.10% | 444 | 1.89% | 11,826 | 50.46% |
| 2018/2019 | 20,863 | 9,907 | 47.49% | 434 | 2.08% | 10,444 | 50.06% |
| 2019/2020 | 22,302 | 10,965 | 49.17% | 349 | 1.56% | 10,824 | 48.53% |
| 2020/2021 | 15,037 | 5,649 | 37.57% | 192 | 1.28% | 9,117 | 60.63% |
| 2021/2022 | 23,436 | 9,611 | 41.01% | 249 | 1.06% | 13,473 | 57.49% |
| 2022/2023 | 27,519 | 9,968 | 36.22% | 289 | 1.05% | 17,177 | 62.42% |
Source: Statistics Canada, Table 35-10-0027-01 (Adult Criminal Courts, Ontario)
Key Takeaways on Recent DUI Stats in Ontario 2015-2023:
- Winning odds are trending up: In 2019-20, 51% of drivers avoided a DUI conviction (acquittal + stay/withdrawal); by 2022-23 that climbed to 64%.
- COVID-era backlog permanently shifted the landscape: Pandemic backlogs taught prosecutors to drop weaker files early, and that “triage first” mindset still pushes stay/withdraw rates above 60%.
- Acquittals remain rare (< 2%): “Beating it at trial” is still the exception. The big victories come from pre-trial Charter motions or negotiated withdrawals before any verdict.
- More cases, fewer convictions: Court decisions jumped from 15k (2020-21) to 27k (2022-23) while conviction rates fell to 36% – proof that defence leverage is growing.
- Charter compliance beats high-tech BAC tools: Even with upgraded breath-test machines, faulty police procedure – not BAC level – is now the top reason charges collapse.
What Percentage of DUI Cases Get Dismissed in Ontario?
Over the past five fiscal years, the percentage of DUI cases dismissed or withdrawn has averaged 57%, peaking at 62% in 2022-23. Put differently, the odds of getting DUI dropped today are better than one in two – an encouraging statistic for anyone facing a charge.
Chances of Winning a DUI Case in Ontario
Impaired-driving charges play out in Ontario’s criminal courts, and every file carries its own mix of facts, police-procedure issues, and personal circumstances. Still, the chances of winning a DUI charge in Ontario are promising:
- Latest fiscal year (2022-23): 64% of all impaired-driving charges in Ontario did not end in a conviction:
- 62% were stayed or withdrawn;
- Just over 1% ended in a full acquittal.
- Five-year trend: Since 2019-20, the non-conviction rate has climbed from 51% to 64% – a 13-point jump.
- X-COPS experience: Across the past 200 files we have closed at X-COPS, roughly seven in ten clients avoided a criminal record – slightly better than the provincial average because we screen for Charter breaches early and negotiate aggressively.*
*Internal case-audit, 2023-24. Individual results always depend on the facts of the file.
⚠️ Reality Check:
- Counting raw percentages is useful, but it can’t predict your outcome.
- Every stop, breath test and Charter issue is unique.
- A single missing maintenance log can flip a “sure conviction” to a stay.
Bottom line: Stats point to better odds than a coin-flip – yet the real decider is the strength of the evidence and the strategy applied to it. A tailored legal review is the only way to know where you stand when beating a DUI case in Ontario.
What “Winning a DUI Case” Looks Like in Practice
- Stay or withdrawal – the clean win: When a Charter breach surfaces – such as an illegal stop, a delayed right-to-counsel call, or missing paperwork – the Crown will often agree to have the DUI charges dropped. The file ends right there: no criminal record, no fine, and no licence suspension. But it depends on the severity of the issue and societal interest too.
- Downgrade to a traffic offence – the quiet win: When the evidence isn’t rock-solid, we can often negotiate a DUI reduction to careless driving under the Highway Traffic Act. You’ll face a smaller fine and a brief licence suspension, yet still sidestep a Criminal Code record and the sky-high insurance premiums that come with it.
- Full acquittal – the dramatic win: A judge rules “not guilty” at trial. Satisfying, but rare – about 1% province-wide because weaker cases are usually stayed or bargained down long before verdict.
- Sentence-softening – the damage-control win: Even with strong evidence, persuasive advocacy can trim jail time, shorten licence suspensions or secure house arrest. A record remains, but life disruption is reduced.
Factors That Affect the Chances of Winning a DUI Case in Ontario
Even with a 64% province-wide non-conviction rate, your likelihood of winning a DUI case still rides on five core factors:
- Quality of the Crown’s evidence: Bad camera angle? Any inconsistency weakens the file and pushes it toward a stay or downgrade.
- Skill of your DUI lawyer: A seasoned DUI lawyer knows where to probe – Charter timing, Intox EC/IR II records, disclosure gaps – and how to leverage those cracks at a Resolution Meeting or in court.
- Police procedure on the night: Illegal stop, delayed right to counsel, sloppy roadside notes – each one can trigger an evidence exclusion and sink the prosecution.
- Your driving record: Prior convictions tighten the margins but don’t erase them – Charter breaches still win cases.
- Mitigating facts: Medical emergencies, mouth-alcohol interference, equipment malfunctions, or even a spotless community record can all tip sentencing – or the charge itself – back in your favour.
Is It Worth Fighting a DUI in Ontario?
Almost always, yes. A conviction locks in a criminal record, steep fines, a one-year (or longer) licence suspension, and higher insurance for years – see exactly how long DUI stays on your driving record.
Contesting a DUI charge lets us, as your counsel:
By contesting a DUI charge you can:
- Examine the Crown’s evidence closely. Flaws in maintenance, video, or Charter timing can render key proof inadmissible.
- Negotiate from a position of strength. Demonstrated weaknesses often prompt the Crown to stay, withdraw, or accept a plea to a non-criminal traffic offence.
- Limit long-term consequences. Avoiding a Criminal Code conviction reduces barriers to travel, employment, and affordable insurance.
Fighting does take time and some legal fees, and no one can guarantee success. But with an experienced DUI lawyer steering the strategy, the upside of a clean slate far outweighs the cost of mounting a defence.
Turning Statistics Into Your Personal Odds
The province-wide success rate for winning a DUI case in Ontario currently sits at about 64%, but your own odds soar only when a lawyer pinpoints the exact weakness – whether it’s a 25-minute counsel delay, a missing Intox EC/IR II calibration sheet, or a disclosure gap the Crown can’t cure.
Book a no-cost, 30-minute review with an X-COPS DUI lawyer today, and find out which of the wins above is realistically on the table for you!