The first 24 hours after a DUI arrest are disorienting, exhausting, and often frightening. Here’s a clear picture of what’s actually happening during that time and what you need to be doing.
The Arrest and Initial Processing
When police have reasonable grounds to believe you’ve committed an impaired driving offence, either being over .08, being impaired by alcohol or drugs, or refusing to provide a breath or bodily sample, they can arrest you and take you to a detachment for further testing.
At the detachment, you’ll be processed and your identity will be confirmed. Before taking evidentiary breath samples, police are required to give you a meaningful opportunity to speak with a lawyer. This is a constitutional right under the Canadian Charter of Rights and Freedoms, and it matters. Take it seriously.
Your Right to Counsel
When police tell you that you have the right to retain and instruct counsel without delay, that’s not just a formality. Exercise it. Ask to call a lawyer immediately. If you don’t have one, you can call a toll-free number for free legal advice at any time, day or night, regardless of your income. Our office answers 24/7 to provide advice for free in exactly this situation.
The conversation with a lawyer at this stage is critical. They’ll advise you on what will happen before and while you provide breath samples, what you must say and what not to say to police, and what to expect in the hours ahead. Don’t waive this right. Don’t let anyone rush you through it, especially the police.
Breath Testing at the Detachment
After you’ve had a chance to speak with a lawyer, police will conduct two breath tests on an Approved Instrument. This is a more sophisticated machine than the roadside device. The results of these tests become evidence in any criminal proceedings.
The tests typically should be taken within a certain time from when you were driving, and there are specific procedural requirements around how they’re administered. These requirements can become significant later in any legal defence. However, just because those timeframes have passed or procedures were not followed does not mean the charges or breath samples will automatically be thrown out.
What Happens After the Breath Test
Depending on the results and the circumstances, you’ll either be released at the detachment or held for a bail hearing. Most first-time DUI arrestees are released either on their own recognizance (without conditions beyond agreeing to appear in court) or on a promise to appear with conditions.
Common release conditions include not driving while having alcohol in your body, surrendering your passport if there are flight risk concerns, and sometimes abstaining from alcohol entirely. Read your release conditions carefully. Violating them is a separate criminal offence. If you are concerned about release conditions an application can be brought to the court to change them.
You’ll be given a court date, which is often several months away. This is not a trial date. It’s just an initial appearance where the official court process begins.
The ADP Question
Even if you’re being criminally charged, you may also have been issued an Administrative Driving Prohibition. The ADP and the criminal charge operate as separate systems. The 7-day ADP review window does not pause because you’ve been arrested. It keeps running. If an ADP was issued alongside your arrest, you need to deal with that immediately.
What You Should Do in the Next 24 Hours
Get some sleep if you can. Then, as soon as you’re able to function, take these steps:
Write down everything you remember about the stop, the arrest, and everything police said and did, including times, locations, the sequence of events, and anything that felt off or unusual. Your memory will fade. Write it down now. Address it to your lawyer so it is covered by privilege. This is as simple as writing “To My Lawyer” at the top of the page.
Don’t discuss the details of what happened with anyone except a lawyer. Not friends. Not family. And definitely not on social media.
Contact a DUI lawyer. Not next week. Today or tomorrow. The early stages of a DUI case, including disclosure requests and potential ADP reviews, often involve time-sensitive steps that matter significantly to how your case unfolds.
The Weeks and Months Ahead
The first 24 hours feel overwhelming. But the decisions you make now and in the days immediately following can meaningfully shape what happens in the end.