Your Rights After a DUI Charge in Regina: What You Need to Know Right Now
Being pulled over and charged with impaired driving is a stressful, frightening experience. Your mind races with questions: What happens next? What should I say? Will I lose my license? In these critical moments, knowing your legal rights can make the difference between protecting your case and accidentally making it worse.
If you’ve just been arrested for DUI in Regina, take a deep breath. You have important rights under Canadian law, and understanding them is your first step toward effectively navigating this situation.
Your Right to Remain Silent
One of the most fundamental rights you have is the right to remain silent. Under the Canadian Charter of Rights and Freedoms, you are not obligated to answer questions beyond providing your name, address, and date of birth. This right protects you from self-incrimination.
Many people arrested for impaired driving make the critical mistake of trying to talk their way out of the situation. They explain where they’ve been, how much they had to drink, or why they thought they were fine to drive. Every word you speak can and will be used as evidence against you in court.
What NOT to say to police:
- “I only had two beers” (admitting to drinking before driving)
- “I didn’t think I was that drunk” (acknowledging impairment)
- “I’m fine to drive” (police evidence will contradict this)
- Any explanation about your evening or activities
Instead, politely inform the officer that you wish to speak with a lawyer before answering questions. This is not an admission of guilt—it’s a smart legal decision that protects your interests.
Your Right to Speak With a Lawyer
When arrested for impaired driving in Regina, you have the constitutional right to contact a lawyer without delay. Police must inform you of this right and provide you with a reasonable opportunity to exercise it.
Upon arrest, officers should:
- Tell you that you have the right to contact counsel
- Provide access to a telephone in private
- Give you contact information for Legal Aid or duty counsel if you don’t have a lawyer
- Refrain from questioning you until you’ve had a chance to speak with a lawyer
You should exercise this right immediately, even if it’s the middle of the night. Many DUI lawyers in Regina offer 24/7 emergency services specifically for these situations. A quick consultation can provide crucial guidance on how to proceed and what to expect.
Don’t waive this right, thinking it makes you look less guilty. Innocent people have just as much reason to seek legal advice as guilty ones—the legal system is complex, and professional guidance protects everyone equally.
What Police Can Legally Require From You
While you have the right to remain silent regarding questions, there are certain things Saskatchewan law requires you to do when stopped by police on suspicion of impaired driving.
You must comply with:
Breath samples: If an officer demands a breath sample using an Approved Screening Device (ASD) at the roadside, you must provide it. Refusal is a criminal offence with the same penalties as impaired driving itself.
Physical sobriety tests: Officers may ask you to perform standardized field sobriety tests. While you can refuse these roadside tests, refusal may lead to immediate arrest and stronger demands at the police station.
Blood samples: In certain circumstances, such as when a breathalyzer isn’t available or you’re unable to provide breath samples due to medical reasons, police can demand blood samples.
Identification: You must provide your driver’s license, vehicle registration, and proof of insurance when requested.
Refusing these lawful demands results in a separate criminal charge of “refusal to comply,” which carries the same serious consequences as impaired driving—including minimum mandatory jail time for repeat offences.
Immediate Administrative Penalties
In Saskatchewan, when you’re charged with impaired driving or provide a breath sample over the legal limit, immediate administrative consequences occur before you even see a judge:
- Immediate 90-day license suspension
- 30-day vehicle impoundment
- Administrative penalties ranging from $200 to $2,100
- Requirement to complete an impaired driving education program
These administrative sanctions happen separately from the criminal charges. Even if you’re eventually found not guilty in criminal court, you may still face these provincial penalties unless successfully challenged.
What Happens If Your Rights Were Violated?
Charter violations during a DUI arrest can significantly impact your case. If police failed to properly inform you of your rights, denied you access to counsel, or obtained evidence unlawfully, your lawyer may be able to have evidence excluded or charges dismissed entirely.
Common rights violations in DUI cases include:
Failure to inform of right to counsel: Police must clearly explain your right to contact a lawyer and provide a reasonable opportunity to do so.
Improper breath sample demands: Officers must have reasonable grounds to suspect impairment before demanding breath samples.
Unreasonable search and seizure: Police need a legal justification for stopping your vehicle and searching it.
Detention without proper grounds: You cannot be arbitrarily detained without reasonable suspicion of an offence.
If you believe your rights were violated, document everything you remember as soon as possible—the time, location, what was said, which officers were present, and the sequence of events. This information becomes crucial evidence for your defence lawyer.
Steps to Take Immediately After a DUI Charge
Contact a lawyer immediately: The sooner you speak with a qualified impaired driving lawyer, the better they can protect your rights and build your defence.
Write down everything: Document every detail of your arrest while memories are fresh—what you ate and drank, when, the traffic stop, what officers said and did, and any tests administered.
Don’t discuss your case: Avoid talking about your arrest on social media, with friends, or with anyone except your lawyer. These conversations aren’t privileged and can be used against you.
Preserve evidence: Keep receipts from the establishment you visited, identify potential witnesses, and note any medical conditions or medications that might affect test results.
Address administrative matters: Respond to the immediate license suspension and vehicle impoundment through proper channels to minimize disruption to your life.
Attend all court dates: Missing court appearances creates additional serious charges and complications.
Moving Forward
A DUI charge in Regina is serious, but it’s not the end of the world. Many charges are successfully defended based on Charter violations, technical errors in testing procedures, or insufficient evidence. The key is protecting your rights from the very beginning and getting experienced legal representation quickly.
Remember: exercising your rights isn’t suspicious—it’s smart. Police and prosecutors expect people to seek legal counsel, and doing so cannot be used against you. Your future depends on the decisions you make in these critical first hours after arrest.
