Updated: May 01, 2025
Legally Reviewed by Alan Pearse
Right to Counsel
Right to Legal Counsel The Short Version:
a. You can choose any lawyer you want.
b. Some lawyers (like Mr. Pearse) only do DUI files. They would be a good choice.
Right to Legal Counsel The Long Version:
In Canada, people charged with criminal offences have the “right to counsel.” This means that, if the accused wishes, he or she can talk to whatever lawyer they want on the night in question (assuming that lawyer is available) and can have any lawyer they want represent them at the trial. There are a few points to keep in mind from this:
1. Lawyers who take a lot of DUI matters are often willing to speak with the accused for free when they are initially picked up by the police. These lawyers typically have large advertisements in the local Yellow Pages directories. For example, if you are picked up by the police at three in the morning, the easiest way to find a good DUI lawyer is to simply ask the police for the local Yellow Pages, and open up the book to the “lawyers” section.
2. In Canada, you are allowed to be defended by any lawyer you want. This is a constitutional right that you have under section 10(b) of the Charter of Rights and Freedoms. For example, you could choose one of the following lawyers:
a. Your friend the lawyer, who practices residential conveyancing and wills and estates.
b. A lawyer you know who conducts a general criminal practice.
c. A lawyer who practices almost nothing but DUI law. Mr. Pearse would be an example of this group.
As stated, the choice of counsel is totally yours, and you can pick any lawyer you want. Having said that, most lawyers who don’t practice criminal law will be very hesitant to accept a DUI file. DUI cases are commonly known within the profession to be abnormally specialized, complex and counterintuitive. Indeed, lawyers like Mr. Pearse receive a great deal of files from lawyers who do not practice criminal law.
Predictably, Mr. Pearse is of the opinion that an accused will be better served by a lawyer who only practices DUI law. Having said that, if you can’t locate a DUI lawyer, then a lawyer who conducts a general criminal practice may be a good choice.
About Alan Pearse
Alan Pearse is a Saskatchewan-based DUI lawyer with a practice focused exclusively on impaired driving litigation. Alan is the author of Guide to Breathalyzer Certificates in Canada published by Canada Law Book.
Practicing since 2000, he has defended thousands of clients and frequently lectures on DUI law to lawyers and students. A member of the Law Society of Saskatchewan, he represents clients across Canada, except in Quebec. Alan Pearse regularly answers DUI-related inquiries from both legal professionals and the public.
Testimonials
What They Are Saying
Alan did a very good job. I felt like the police were on trial.
Mr. U
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 Klap
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
Alan was very professional and got the absolute best results!!! Would recommend him to anybody !!! Thank you Alan
Shaun Bailey
Alan represented me for the last 20 months with various charges. He has had all of my charges and fines dropped. He was always diligent at responding to my calls and texts when I had questions or concerns. His experience in DUI law and winning track record speaks for itself. I highly recommend Alan to anyone facing these charges and all of the other charges/fines that come along with anyone’s case.
Jenny Mosley