What You Need to Know about Impaired Driving Charges in Calgary
                     
What You Need to Know about Impaired 
Driving Charges in Calgary
Contents
What Constitutes Impaired Driving in Calgary? ..................................................................................... 3
Definition of Impaired Driving Under Canadian Law......................................................................... 3
Types of Impaired Driving Offenses....................................................................................................... 4
Impaired Driving by Alcohol .............................................................................................................. 4
Impaired Driving by Drugs ................................................................................................................. 4
Combination of Alcohol and Drugs .................................................................................................... 5
Legal Assistance for Impaired Driving Charges in Calgary .................................................................... 5
Legal Consequences of Impaired Driving in Calgary ............................................................................. 6
First-Time Offenses ............................................................................................................................ 6
Repeat Offenses .................................................................................................................................. 7
Impact on Your Criminal Record and Long-Term Consequences....................................................... 8
Seeking Legal Assistance.................................................................................................................... 9
The Immediate Legal Process after an Impaired Driving Arrest ............................................................. 9
The Arrest Process .............................................................................................................................. 9
Why Early Legal Intervention Matters.............................................................................................. 12
The Role of a Calgary Impaired Driving Charges Lawyer .................................................................... 13
Case Review and Evaluation............................................................................................................. 13
The Lawyer’s Role in Reviewing the Circumstances of Your Arrest................................................ 13
Building a Defense Strategy.............................................................................................................. 14
Protecting Your License.................................................................................................................... 15
Negotiating Plea Deals...................................................................................................................... 15
Why Hiring a Calgary Impaired Driving Charges Lawyer is Crucial................................................ 16 
Contact Details of Calgary Defence Lawyer .......................................................................................... 17
What Constitutes Impaired Driving in Calgary?
Impaired driving is one of the most serious traffic-related offenses in 
Calgary and across Canada. It refers to the operation of a motor vehicle 
while one's ability to do so is compromised by alcohol, drugs, or a 
combination of both. The consequences of impaired driving are severe, 
ranging from hefty fines and driving suspensions to imprisonment and a 
criminal record. It's crucial to understand what constitutes impaired 
driving to avoid these penalties and to be aware of your rights if you 
face such charges.
Definition of Impaired Driving Under Canadian Law
Driving Under the Influence of Alcohol or Drugs
Impaired driving is defined under Canadian law as operating a vehicle 
while the driver’s ability to do so is impaired by alcohol or drugs. This 
impairment can affect the driver’s motor skills, reaction times, and 
decision-making abilities, making them a danger to themselves and 
others on the road.
Blood Alcohol Concentration (BAC) Limit of 0.08% or Higher
For alcohol-related offenses, a driver is considered impaired if their 
Blood Alcohol Concentration (BAC) is 0.08% or higher. This level is 
the legal limit set by Canadian law, and exceeding it can result in 
criminal charges. However, even if your BAC is below 0.08%, you can 
still face impaired driving charges if your ability to operate a vehicle is 
deemed impaired by law enforcement.
Drug Impairment Measured Through Field Sobriety Tests or Drug 
Recognition Evaluations
When it comes to drug impairment, determining the level of impairment 
is more complex. Law enforcement officers may use standardized field 
sobriety tests (SFST) or drug recognition evaluations (DRE) to assess 
whether a driver is under the influence of drugs. These tests help to 
identify signs of impairment, such as lack of coordination, poor balance, 
and delayed reaction times, which may not be detectable through 
conventional breathalyzer tests.
Types of Impaired Driving Offenses
Understanding the different types of impaired driving offenses can help 
you navigate the legal system if you or a loved one are facing charges in 
Calgary.
Impaired Driving by Alcohol
This is the most common type of impaired driving offense and involves 
operating a vehicle with a BAC of 0.08% or higher. Even if a driver is 
below this limit, they can still be charged with impaired driving if their 
ability to drive is noticeably affected by alcohol.
Consequences:
 Immediate license suspension
 Fines and potential imprisonment
 Mandatory participation in an alcohol education or treatment 
program
 Installation of an ignition interlock device
Impaired Driving by Drugs
Driving under the influence of drugs, whether prescription, recreational, 
or illegal, is also a serious offense. Unlike alcohol impairment, drug
impairment is not measured by a single standardized test like a 
breathalyzer. Instead, police rely on field sobriety tests and the expertise 
of drug recognition evaluators to determine impairment.
Substances Include:
 Prescription medications that impair cognitive or motor functions
 Recreational drugs such as cannabis, which is legal but regulated
 Illegal substances like cocaine or methamphetamine
Consequences:
 Similar to alcohol-related offenses, including license suspension, 
fines, and potential jail time
 Increased penalties for repeat offenders or if driving caused bodily 
harm or death
Combination of Alcohol and Drugs
A driver can also face charges for impairment by a combination of 
alcohol and drugs. This type of offense is particularly dangerous as the 
combined effects of alcohol and drugs can significantly impair the 
driver’s ability to operate a vehicle safely. The penalties for such 
offenses are often more severe due to the increased risk posed to public 
safety.
Consequences:
 Compounded penalties for dual impairment
 Higher fines and longer license suspensions
 Greater likelihood of mandatory education or treatment programs
Legal Assistance for Impaired Driving Charges in Calgary
Facing impaired driving charges in Calgary can be overwhelming, but 
understanding the nature of the charges and the potential consequences 
is the first step in building a defense. A qualified Calgary impaired
driving charges lawyer can help you navigate the complexities of the 
legal system, protect your rights, and work towards the best possible 
outcome for your case.
Whether you are dealing with charges related to alcohol, drugs, or a 
combination of both, seeking professional legal advice is crucial. A 
knowledgeable lawyer will review the specifics of your case, challenge 
any unlawful evidence, and negotiate with prosecutors to reduce or 
dismiss your charges if possible. If you or a loved one is facing impaired 
driving charges, do not hesitate to contact an experienced legal 
professional in Calgary to discuss your case.
Legal Consequences of Impaired Driving in Calgary
First-Time Offenses
Facing impaired driving charges for the first time can be a daunting 
experience. While the penalties for first-time offenders may not be as 
severe as for repeat offenders, they are still significant and can impact 
your daily life.
Fines, License Suspension, and Mandatory Education Programs
 Fines: First-time offenders can face substantial fines, starting at
$1,000, depending on the circumstances of the case. The fine 
amount can increase based on the severity of impairment and 
whether any aggravating factors are present.
 License Suspension: Upon being charged with impaired driving, 
your driver's license can be immediately suspended for up to 90 
days under Alberta's Immediate Roadside Sanction (IRS) program. 
If convicted, a further suspension of at least one year can be
imposed.
 Mandatory Education Programs: You may be required to 
complete an educational or treatment program, such as the
“Planning Ahead” course for first-time offenders. These programs 
are designed to educate individuals about the risks of impaired
driving and to prevent repeat offenses.
Repeat Offenses
If you have been convicted of impaired driving in the past, facing 
another charge will result in much harsher penalties. Repeat offenses are 
viewed more seriously by the courts, and the consequences reflect the 
increased danger posed to public safety.
Harsher Penalties Including Longer Suspensions, Increased Fines, 
and Potential Jail Time
 Longer License Suspensions: For second offenses, the license 
suspension period increases to a minimum of three years. For third 
or subsequent offenses, you could face a suspension of up to five 
years or even a lifetime ban.
 Increased Fines: Fines for repeat offenses start at $2,000 and can 
go much higher depending on the circumstances. These financial
penalties can place a significant burden on your personal finances 
and credit history.
 Potential Jail Time: Repeat offenders may face imprisonment. A 
second offense can result in a minimum of 30 days in jail, while a
third offense can lead to a minimum of 120 days in jail. The judge 
has the discretion to impose even longer sentences based on the
severity of the case and the offender's history.
Aggravated Circumstances
Aggravated circumstances are situations that can elevate the severity of 
impaired driving charges and lead to enhanced penalties. Understanding 
these circumstances is crucial, as they can significantly impact the 
outcome of your case.
Driving with a BAC Significantly Above the Legal Limit
Driving with a blood alcohol concentration (BAC) significantly above 
the legal limit of 0.08% is considered an aggravating factor. A BAC of 
0.16% or higher can lead to harsher penalties, including higher fines, 
longer license suspensions, and mandatory jail time, even for first-time 
offenders.
Causing Injury or Death Due to Impaired Driving
If impaired driving results in bodily harm or death, the charges escalate 
to dangerous driving causing bodily harm or impaired driving causing 
death. These are serious criminal charges that carry severe 
consequences, including lengthy prison sentences and a permanent 
criminal record. The emotional and financial toll on the victims and their 
families further complicates the legal process, making it imperative to 
seek experienced legal representation.
Impact on Your Criminal Record and Long-Term Consequences
A conviction for impaired driving has long-term consequences that 
extend beyond the immediate legal penalties. These consequences can 
affect various aspects of your life, from employment to travel and 
personal relationships.
Employment Restrictions
Many employers conduct background checks, and a criminal record for 
impaired driving can limit your job opportunities, especially in fields 
requiring a clean driving record or a high level of trust, such as 
commercial driving, healthcare, and law enforcement. A conviction may 
also result in the loss of a professional license or certification.
Travel Limitations
A criminal record can severely limit your ability to travel internationally. 
For example, a DUI conviction can make you inadmissible to certain 
countries, including the United States, which has strict entry restrictions 
for individuals with a criminal record. This can impact personal travel 
plans and professional opportunities that require international travel.
Insurance Consequences
After an impaired driving conviction, your car insurance premiums are 
likely to skyrocket, as you will be considered a high-risk driver. Some 
insurance providers may even refuse to renew your policy, forcing you 
to seek coverage through high-risk insurance providers at much higher 
rates.
Seeking Legal Assistance
If you are facing impaired driving charges in Calgary, it is crucial to 
seek the assistance of a knowledgeable Calgary impaired driving charges 
lawyer. An experienced lawyer can help you understand your rights, 
build a strong defense, and navigate the complexities of the legal system. 
Whether you are a first-time offender or facing repeat charges, legal 
representation can make a significant difference in the outcome of your 
case.
The Immediate Legal Process after an Impaired Driving Arrest
The Arrest Process
The process of being arrested for impaired driving begins long before 
you are taken into custody. It often starts with a routine traffic stop or a 
roadside checkpoint, followed by a series of evaluations to determine
whether you are impaired. Understanding what happens during this 
process can help you prepare and respond appropriately.
What Happens During a Traffic Stop and Subsequent Arrest for 
Impaired Driving
1. Initial Traffic Stop or Roadside Checkpoint:
o Police may stop your vehicle for various reasons, such as a 
traffic violation, erratic driving, or a scheduled sobriety 
checkpoint. The officer will approach your vehicle and may 
ask for your license, registration, and proof of insurance.
2. Observation and Questioning:
o The officer will observe your behavior, speech, and physical 
appearance for signs of impairment, such as slurred speech, 
the smell of alcohol, or bloodshot eyes. You may be asked if 
you have consumed any alcohol or drugs.
3. Field Sobriety Tests:
o If the officer suspects impairment, they may ask you to 
perform a series of field sobriety tests (FSTs). These tests 
assess your coordination, balance, and ability to follow 
instructions. Common FSTs include the walk-and-turn test, 
one-leg stand test, and horizontal gaze nystagmus test.
4. Breathalyzer Test:
o If the officer believes you are impaired, they will likely 
request a roadside breathalyzer test to measure your blood 
alcohol concentration (BAC). Refusing to take the 
breathalyzer test can lead to immediate penalties, including a 
license suspension.
5. Arrest and Transport:
o If the breathalyzer test indicates a BAC above the legal limit 
(0.08%) or if you fail the field sobriety tests, you will be 
placed under arrest for impaired driving. You will be 
handcuffed, read your rights, and transported to a police 
station for further testing and processing.
Your Rights During and After the Arrest
Being arrested for impaired driving does not mean you have lost all your 
rights. It is crucial to know what you are entitled to during and after the 
arrest, as this can significantly impact your case.
Right to Remain Silent and Right to Legal Counsel
1. Right to Remain Silent:
o After being arrested, you have the right to remain silent. It is 
advisable to exercise this right, as anything you say can be 
used against you in court. Politely inform the officer that you 
wish to remain silent and refrain from answering any 
questions until you have spoken to a lawyer.
2. Right to Legal Counsel:
o You have the right to speak to a lawyer without delay. This 
right allows you to consult with a lawyer of your choice or a 
duty counsel, who can provide you with immediate legal 
advice over the phone. Do not hesitate to exercise this right, 
as consulting a Calgary impaired driving charges lawyer 
early on can significantly affect the outcome of your case.
How a Calgary Impaired Driving Charges Lawyer Can Protect Your 
Rights from the Moment of Arrest
Having a knowledgeable lawyer by your side from the moment of your 
arrest can be crucial in protecting your rights and building a strong 
defense. Here's how a lawyer can assist you during the immediate 
aftermath of an impaired driving arrest:
3. Guidance on Legal Rights:
o Your lawyer will inform you of your rights and advise you on 
how to respond to police questioning and other procedures. 
They will help you understand the implications of the charges 
against you and what to expect during the legal process.
4. Challenging the Arrest and Evidence:
o A skilled lawyer can evaluate the circumstances of your 
arrest to identify any violations of your rights or procedural 
errors by law enforcement. This can include improper 
administration of field sobriety tests, an unlawful traffic stop, 
or failure to provide you with the opportunity to contact legal 
counsel.
3. Representation During Bail Hearings:
o If you are held in custody following your arrest, your lawyer 
can represent you during a bail hearing to argue for your 
release on reasonable terms. They will present arguments and 
evidence to demonstrate that you are not a flight risk or a 
danger to the public.
4. Preparation for Court Appearances:
o Your lawyer will prepare you for any upcoming court 
appearances, including the initial appearance and any pre- 
trial conferences. They will advise you on how to conduct 
yourself and what to expect during these proceedings.
5. Building a Defense Strategy:
o From the moment of your arrest, your lawyer will begin 
building a defense strategy tailored to the specific facts of 
your case. This may involve gathering evidence, interviewing 
witnesses, and consulting with experts to challenge the 
prosecution's case.
Why Early Legal Intervention Matters
The sooner you contact a Calgary impaired driving charges lawyer after 
your arrest, the better your chances of a favorable outcome. Early legal 
intervention can help ensure that your rights are protected, any unlawful 
evidence is challenged, and you are fully informed about the legal 
process ahead. If you or a loved one is facing impaired driving charges, 
don’t wait—reach out to an experienced lawyer immediately to 
safeguard your future.
The Role of a Calgary Impaired Driving Charges Lawyer
Case Review and Evaluation
One of the first and most important steps that a Calgary impaired driving 
charges lawyer will take is to conduct a thorough review and evaluation 
of your case. This process involves a meticulous examination of all 
aspects related to your arrest and the evidence gathered against you.
The Lawyer’s Role in Reviewing the Circumstances of Your Arrest
A comprehensive case review includes analyzing:
 Breathalyzer Results: Your lawyer will scrutinize the 
breathalyzer results to determine if the test was administered 
correctly and if the device was properly calibrated. Any 
discrepancies in these results can be used to challenge the validity 
of the charges.
 Police Reports: Reviewing police reports is essential to
understanding the officer’s account of the events leading to your 
arrest. Your lawyer will look for inconsistencies or errors in the 
report that could weaken the prosecution's case.
 Video and Audio Evidence: If available, video footage from 
police body cameras or dashboard cameras can provide critical 
insights into your behavior, the officer's conduct, and the overall 
context of the arrest.
 Witness Statements: Your lawyer will evaluate any witness 
statements to identify potential biases or contradictions that could 
undermine the prosecution's case.
A thorough evaluation helps your lawyer identify weaknesses in the 
prosecution’s case and lays the foundation for a robust defense strategy.
Building a Defense Strategy
A skilled Calgary impaired driving charges lawyer will develop a 
customized defense strategy tailored to the unique circumstances of your 
case. This strategy will focus on challenging the prosecution's evidence 
and seeking to have the charges reduced or dismissed altogether.
Challenging the Accuracy of Breathalyzer or Drug Tests
 Breathalyzer Test Accuracy: Your lawyer can question the 
accuracy of breathalyzer tests by highlighting potential errors in 
device calibration, improper administration of the test, or 
environmental factors that may have influenced the results.
 Drug Test Validity: For drug impairment cases, your lawyer can 
challenge the validity of drug recognition evaluations (DRE) and 
field sobriety tests. These tests can be subjective, and your lawyer 
can argue that they do not conclusively prove impairment.
Examining Whether Police Followed Proper Procedures During the 
Arrest
Law enforcement officers must follow strict procedures when 
conducting an impaired driving arrest. Your lawyer will investigate 
whether:
 The officer had reasonable suspicion to stop your vehicle.
 Field sobriety tests and breathalyzer tests were administered 
correctly.
 You were informed of your rights, including the right to remain 
silent and the right to consult with a lawyer.
If your lawyer finds that the police did not follow proper procedures, 
they can file a motion to suppress any evidence obtained unlawfully, 
which can significantly weaken the prosecution’s case.
Questioning the Legality of the Traffic Stop
For a traffic stop to be legal, the officer must have reasonable suspicion 
that a traffic violation has occurred or that the driver is impaired. If your 
lawyer can demonstrate that the traffic stop lacked reasonable suspicion, 
any evidence gathered during the stop may be inadmissible in court.
Protecting Your License
One of the immediate consequences of an impaired driving charge is the 
suspension of your driver’s license. A Calgary impaired driving charges 
lawyer can take proactive steps to protect your driving privileges.
How a Lawyer Can Help Reduce the Duration of License Suspension 
or Even Prevent It Entirely
 Immediate Legal Action: Your lawyer can request an 
administrative review of your license suspension, challenging the 
evidence and arguing for a reduction or complete removal of the 
suspension.
 Interlock Ignition Device Programs: In some cases, your lawyer 
can help you apply for an Ignition Interlock Device (IID) program,
which allows you to continue driving with certain restrictions. This 
can be a significant relief for those who rely on their vehicle for 
work or family responsibilities.
 Appeals and Hearings: If your license is suspended, your lawyer 
can represent you in hearings and appeals to contest the suspension
and seek a reinstatement of your driving privileges.
Negotiating Plea Deals
In some cases, negotiating a plea deal may be the best option to 
minimize the impact of impaired driving charges. A plea deal can result 
in reduced charges, lower penalties, or alternative sentencing options 
that are less severe than a full conviction.
Exploring Options for Reduced Charges or Penalties
 Reduced Charges: Your lawyer can negotiate with the 
prosecution to reduce the charges from impaired driving to a lesser 
offense, such as careless driving, which carries fewer penalties and 
has a less significant impact on your record.
 Alternative Sentencing: In exchange for a guilty plea, your 
lawyer may be able to secure alternative sentencing options, such 
as community service, probation, or participation in an alcohol or 
drug education program.
 Alcohol or Drug Education Programs: Enrolling in an 
educational program can demonstrate to the court that you are 
taking responsibility for your actions and are committed to not 
repeating the offense. This can be a mitigating factor that your 
lawyer can use to argue for reduced penalties.
Why Hiring a Calgary Impaired Driving Charges Lawyer is 
Crucial
The role of a Calgary impaired driving charges lawyer goes beyond just 
representing you in court. They provide the expertise, guidance, and 
support needed to navigate the legal system and protect your rights.
Whether it’s challenging the evidence, negotiating a plea deal, or 
protecting your license, a skilled lawyer can make a significant 
difference in the outcome of your case.
If you are facing impaired driving charges in Calgary, do not hesitate to 
seek legal assistance. An experienced lawyer can help you understand 
your options, build a strong defense, and work towards the best possible 
resolution for your situation.
Contact Details of Calgary Defence Lawyer
Akram Law - 918A 5 Ave SW Suite 1, Calgary, AB T2P 0N7 
Phone Number: 403-774–9529
https://akramlaw.com/
[email protected]
Business Hours:
Monday-Thursday: 9 AM-5 PM 
Friday: 9 AM-12 PM
Saturday: 10 AM-1 PM