It is vital that you record the details
surrounding a drinking and driving charge as soon as possible.
This information is crucial to your defence. But disclose it only
to your lawyer. If it falls into the hands of authorities, the
Crown could use it against you.
Do not discuss your alcohol consumption
or any other information surrounding your charge with anyone but
your lawyer! Doing so could undermine your defence.
What was your weight on the day of the alleged offence?
Where were you drinking? List all locations in chronological
order.
Record the time of your arrival at and departure from each
location. Note any details (e.g., television programs) and preserve
any documents (e.g., receipts, automatic banking machine slips)
that help pinpoint these times.
What type of beverage(s) were you drinking?
Record the alcohol content of each beverage. To determine
this information, you can check the beverage container or contact
the place where you were drinking.
Record the amount of each drink in ounces or millilitres.
If you were drinking beer by the bottle or can, note the size.
If you were drinking by the glass (or other vessel), measure
it and set it aside.
If you were drinking at an establishment, find out the amount
of beverage poured for each drink. For example, how much liquor
is poured per shot? How much wine per glass or carafe? For draft
beer, how much is dispensed per serving or pitcher. If you were
pouring your own drinks from a pitcher or carafe, find out the
size of the glass you used. It may help to obtain a sample glass
or other vessel.
Disclaimer: The material on this site is not intended as legal advice. It merely conveys general information on legal issues commonly encountered by persons facing criminal charges in Canada. If you are charged with an offence, you should contact a criminal lawyer.
