Understanding Impaired Driving Charges in Calgary
Definition of Impaired Driving under the Criminal Code of Canada
Impaired driving, as defined under Section 320.14 of the Criminal Code of Canada, includes operating a motor vehicle while:
- Your ability is impaired by alcohol, drugs, or a combination of both, or
- Your blood alcohol concentration (BAC) is 80 milligrams or more of alcohol per 100 millilitres of blood (commonly referred to as “over 0.08”).
Driving while impaired doesn’t require a specific BAC threshold—it’s enough if the police determine your ability to operate a vehicle was affected by alcohol or drugs.
Alberta’s Zero-Tolerance Approach for Novice and Commercial Drivers
In Alberta, the rules are even stricter for certain classes of drivers:
- Novice drivers (GDL licence holders) must have a BAC of zero.
- Commercial drivers operating under a Class 1, 2, or 4 licence must also maintain zero BAC while working.
Even trace amounts of alcohol or cannabis can result in administrative penalties, licence suspensions, or criminal charges.
Types of Impaired Driving Charges in Calgary
An individual in Calgary can be charged with one or more of the following offences:
o Alcohol Impairment (Over 0.08 BAC)
This is the most common charge, triggered when a breath sample reveals a BAC above the legal limit. Penalties increase with higher readings or repeat offences.
o Drug-Impaired Driving
With the legalization of cannabis, drug-impaired driving is under heightened scrutiny. Calgary police can now conduct Standard Field Sobriety Tests (SFST) or call in Drug Recognition Experts (DREs) to assess impairment from substances like THC, cocaine, or prescription drugs.
o Refusing a Breathalyzer or Blood Test
Refusal to comply with a lawful police demand for a roadside breath sample or a blood test is a criminal offence with the same penalties as a conviction for impaired driving. Police must clearly explain your rights and the consequences of refusal.
Police Procedures in Calgary: Roadside Tests, Checkpoints, and Arrests
In Calgary, officers with the Calgary Police Service regularly conduct:
- Random roadside checks, especially during holidays or weekend blitzes
- Mandatory Alcohol Screening (MAS), where breath samples can be requested without needing suspicion
- Roadside physical coordination tests and oral fluid screening devices to detect cannabis or other drug use
If impairment is suspected, officers may arrest you and take you to a station or mobile testing unit for further evaluation and formal testing.
Immediate Consequences of an Impaired Driving Charge in Alberta
90-Day Licence Suspension and 12-Month Ignition Interlock Requirement
If you’re charged with impaired driving in Alberta, your driver’s licence is immediately suspended for 90 days, regardless of whether you intend to fight the charge in court. This is part of the Immediate Roadside Sanctions (IRS) framework.
After the 90-day suspension, you’re eligible to drive only if you:
- Enrol in Alberta’s Ignition Interlock Program, and
- Agree to install the interlock device for 12 months at your own expense.
The interlock device requires a breath test before your vehicle will start. Failing or tampering with the device may lead to further penalties.
Vehicle Seizure and Impoundment Policies in Calgary
Along with your licence suspension, your vehicle may be:
- Seized and impounded for 30 days on a first offence.
- Held longer if there are aggravating circumstances (e.g., no insurance, repeat offence).
In Calgary, towing and impoundment fees are the driver’s responsibility, and you may need to provide proof of insurance and payment before the vehicle is released.
Alberta Administrative Licence Suspension (AALS) Program
The Alberta Administrative Licence Suspension (AALS) Program runs parallel to any criminal charges and does not require a court conviction. Key features include:
- Immediate suspension for drivers who fail or refuse a roadside breath or drug test.
- No ability to drive for 90 days, followed by 12 months of restricted driving with an ignition interlock device (if approved).
- Penalties apply even if your criminal charge is later withdrawn or dismissed.
AALS is designed to keep impaired drivers off the road while allowing legal proceedings to unfold separately.
Mandatory Education Programs: Planning Ahead and IMPACT
Drivers charged or convicted of impaired driving in Alberta must complete an education program before regaining full driving privileges. Calgary residents will typically be directed to one of the following:
- Planning Ahead: A one-day course for first-time offenders, focusing on the risks of impaired driving and strategies for behavioural change.
- IMPACT Program: A more intensive multi-session course designed for repeat or high-risk offenders, including psychological and substance use assessments.
These programs are administered by Alberta Transportation’s SafeRoads initiative, and completion is a mandatory condition for licence reinstatement.
How a Calgary Impaired Driving Lawyer Can Assist
Legal Advice and Rights Protection
A skilled impaired driving lawyer will begin by reviewing how your arrest and charges were handled to ensure compliance with your Charter rights under the Canadian Charter of Rights and Freedoms.
o Ensuring Your Charter Rights Were Respected
Your lawyer will assess:
- Whether you were properly informed of your right to counsel
- Whether you were given timely access to a lawyer
- Whether any unreasonable search or seizure occurred
If your rights were violated, your lawyer may apply to exclude evidence or have your charges dismissed.
o Reviewing Arrest Procedures for Errors or Rights Violations
Common procedural errors include:
- Incomplete police documentation
- Failure to provide proper roadside instructions
- Delay in obtaining a breath or blood sample
Even small mistakes in police protocol can lead to key evidence being ruled inadmissible in court.
Case Analysis and Evidence Review
Your lawyer will conduct a comprehensive analysis of the evidence gathered by the Calgary Police Service and the Crown prosecutor.
o Challenging Roadside Testing Methods and Breath/Blood Sample Accuracy
A defence lawyer may:
- Examine the calibration and maintenance records of the testing device
- Question the training of the officer conducting the test
- Review whether there was contamination or delay in collecting biological samples
o Identifying Procedural Mistakes or Lack of Reasonable Grounds
Your lawyer will assess if the police had reasonable suspicion or probable grounds to stop you or demand a test. If not, the entire case may be challenged on a Charter violation.
Negotiation with Crown Prosecutors
An experienced Calgary impaired driving lawyer can engage in meaningful discussions with the Crown to resolve the matter without a trial.
o Possibility of Reduced Charges or Alternative Sentencing
Depending on the circumstances, your lawyer may negotiate:
- Plea deals to lesser offences (e.g., careless driving under the Traffic Safety Act)
- Avoidance of jail time or reduced fines
- Non-criminal resolutions in certain cases, especially for first-time offenders
o Pursuing Curative Discharge Where Applicable
If you’re undergoing treatment for substance use, your lawyer may apply for a curative discharge, which can result in no criminal conviction—provided the court agrees that rehabilitation is in the public interest.
Representation in Court
Whether your matter proceeds to trial or not, having proper representation ensures your rights are protected at every court appearance.
o Appearing in Calgary’s Provincial Court or Court of King’s Bench
Your lawyer will:
- Represent you at bail hearings, pre-trials, and trials
- File necessary motions and disclosure requests
- Keep you informed of court dates and legal obligations
o Presenting Defences Such as Necessity, Mistaken Identity, or Technical Defence
Depending on the case, defences may include:
- Necessity (driving in an emergency situation)
- Mistaken identity (someone else was driving)
- Technical arguments, such as improperly administered tests or unreasonable delays
A Calgary impaired driving lawyer knows how to tailor the defence based on local court practices, judge tendencies, and evidentiary gaps in the Crown’s case.
Long-Term Implications of a DUI Conviction in Calgary
Criminal Record and Its Impact on Employment, Travel, and Insurance
A DUI conviction under the Criminal Code of Canada results in a criminal record, which can negatively affect multiple areas of your life:
- Employment: Many employers in Calgary conduct background checks. A conviction may limit your eligibility for jobs in transportation, education, finance, or any role requiring a clean criminal history.
- Travel Restrictions: Countries such as the United States may deny entry to individuals with a DUI on record, even for short visits or business trips.
- Auto Insurance Rates: Following a conviction, your driving history is flagged as high-risk. Insurance premiums in Alberta can triple or more, and some providers may decline coverage altogether.
Expunging or pardoning the record is possible—but only after a waiting period and successful application for a Record Suspension through the Parole Board of Canada.
Alberta’s Impaired Driving Penalties: Fines, Jail Time, Driving Bans
A DUI conviction in Calgary carries mandatory penalties under both provincial and federal laws, including:
- First offence:
- Minimum $1,000 fine
- 12-month driving prohibition
- Second offence:
- Minimum 30 days in jail
- Longer driving ban
- Third offence:
- Minimum 120 days in jail
- Potential for lifetime driving prohibition in severe cases
Judges may impose additional conditions such as probation, community service, or alcohol counselling.
Mandatory Ignition Interlock Program and Driver Education
Following a conviction, you must complete Alberta’s Ignition Interlock Program to regain restricted driving privileges. This includes:
- Installation of an interlock device at your own cost (approx. $1,500–$2,000/year)
- Breath testing each time you start your vehicle
- Monthly reporting and monitoring
You may also be required to complete Planning Ahead or IMPACT education programs before your licence is reinstated.
How a Lawyer Can Help Minimize or Avoid These Consequences
An experienced impaired driving lawyer in Calgary can significantly reduce the long-term fallout by:
- Negotiating a plea deal to a non-criminal traffic offence (e.g., careless driving)
- Seeking curative discharge in cases involving alcohol dependency treatment
- Applying to have Charter breaches exclude critical evidence from trial
- Strategically preparing your defence to achieve acquittal or withdrawal of charges
Early legal intervention is often the best way to avoid the long-term penalties associated with impaired driving in Alberta.
