Khalid Akram

What Are Summary vs. Indictable Offences in Calgary

Khalid Akram · October 6, 2025 ·

What Is a Summary Offence?

In Calgary, a summary offence is considered the least serious type of criminal offence under Canada’s Criminal Code. These offences are generally dealt with in Calgary Provincial Court and are intended to be resolved quickly.

Examples of summary offences include:

Theft under $5,000 (shoplifting or other minor property crimes)
Mischief (causing property damage or interference with lawful use of property)
Simple assault (minor assault cases without aggravating factors)
Disturbing the peace or causing a public nuisance

Maximum Penalties for Summary Offences

The Criminal Code sets relatively low maximum penalties for summary offences compared to indictable offences. Convictions can result in:

Fines of up to $5,000
Jail time of up to two years less a day (served in a provincial facility, not federal prison)
Probation orders with conditions such as counselling, community service, or no-contact terms

Calgary Court Procedure for Summary Offences

Cases are typically heard in Calgary Provincial Court before a judge alone, without a jury. The process is faster and less formal than indictable matters:

No preliminary inquiry is required
Trials are scheduled more quickly, often within months
The process is intended to reduce backlog and resolve matters efficiently

Time Limits for Laying Charges

An important feature of summary offences is the 12-month limitation period. Prosecutors must lay charges within 12 months of the date of the alleged offence. After this time, charges cannot usually be brought forward unless there are exceptional circumstances.

Summary vs. Indictable Offences in Calgary

What Is an Indictable Offence?

In Calgary, an indictable offence refers to the most serious category of criminal offence under Canada’s Criminal Code. These cases are more complex and carry higher stakes, both in terms of procedure and potential penalties.

Examples of indictable offences include:

Aggravated assault or assault causing serious bodily harm
Major fraud over $5,000 or large-scale financial crimes
Sexual assault or sexual assault with a weapon
Impaired driving causing bodily harm or death
Robbery, break and enter, and other violent or high-value property crimes

No Time Limit for Laying Charges

Unlike summary offences, there is no statute of limitations for indictable offences. This means charges can be laid years after the alleged offence, which is common in historical sexual assault cases or large financial investigations.

Penalties for Indictable Offences

The potential sentences are much more severe and can include:

Lengthy imprisonment, with some offences carrying maximum penalties of 10 years, 14 years, or life
Large fines or restitution orders, particularly in financial crimes
Long-term consequences, such as a permanent criminal record that can affect employment, travel, and professional licensing

Rights to Elect Mode of Trial in Calgary

For most indictable offences (except the most serious ones like murder, which must go to the Court of King’s Bench), an accused person has the right to elect how their case will be tried:

Judge-alone trial in Calgary Provincial Court
Judge-alone trial in the Court of King’s Bench
Judge and jury trial in the Court of King’s Bench

This election gives the accused and their defence lawyer strategic control over the process, allowing them to choose the forum best suited to the case.

Preliminary Inquiry Process

For certain indictable offences, the accused can request a preliminary inquiry before the case proceeds to trial in the Court of King’s Bench.

This is a pre-trial hearing where the Crown must show there is enough evidence to justify a full trial.
It allows the defence to cross-examine witnesses and review the Crown’s evidence, which can sometimes result in charges being withdrawn or reduced.

Hybrid Offences and Their Importance

What Are Hybrid Offences?

Hybrid offences give the Crown flexibility to match the legal process to the severity of the alleged crime. If the Crown proceeds summarily, the matter is treated like a less serious case, with lower maximum penalties and a faster trial in Calgary Provincial Court. If the Crown proceeds by indictment, the case follows the more serious process, with access to preliminary inquiries and higher sentencing ranges.

Common Hybrid Offences in Calgary

Some of the most frequently charged hybrid offences include:

Impaired driving (without bodily harm) – one of the most common hybrid charges in Calgary
Fraud under $5,000 – often prosecuted summarily unless aggravating factors are present
Assault – including simple assault and assault causing bodily harm
Theft under $5,000 – shoplifting or minor property theft
Uttering threats – threats to cause death, bodily harm, or property damage

Why Crown Election Matters

The Crown’s decision on how to proceed directly affects:

Sentencing range – proceeding summarily typically leads to lower fines, shorter probation, and jail terms of no more than two years less a day. Proceeding by indictment allows for longer jail terms, higher fines, and more severe conditions.
Criminal record consequences – indictable convictions can carry greater stigma and longer-lasting impacts on employment, immigration, and travel.
Court process – indictment allows for more complex proceedings, including jury trials, whereas summary proceedings are resolved more quickly.

Legal Consequences of Each Offence Type

Criminal Record and Employment

Any conviction, whether summary or indictable, results in a criminal record under the RCMP’s national CPIC database. However, indictable convictions tend to carry a stronger stigma and may:

Limit job opportunities, especially in professions that require security clearances or work with vulnerable persons.
Appear on criminal background checks for years, even after completion of the sentence.

Travel Restrictions and Border Issues

Criminal records can create problems at international borders:

U.S. Customs and Border Protection often denies entry for Canadians with impaired driving, assault, or theft convictions.
Indictable convictions are more likely to be considered crimes of moral turpitude, which can bar entry without a special waiver.

Sentencing Flexibility and Probation

Summary convictions generally allow for:

Shorter probation periods and less restrictive conditions.
Sentences served in provincial facilities (if jail is imposed).

Indictable convictions, by contrast, can involve:

Federal prison sentences (two years or more).
Longer probation periods and stricter court-ordered conditions.
Mandatory minimums for certain offences, such as impaired driving causing bodily harm.

Pardon and Record Suspension Eligibility

Eligibility for a record suspension (pardon) through the Parole Board of Canada differs:

Summary offences: generally eligible five years after sentence completion.
Indictable offences: require a ten-year waiting period.

Collateral Consequences in Alberta

Certain convictions carry automatic provincial consequences under Alberta law:

Driver’s licence suspensions for impaired driving or related offences.
Firearm prohibitions for violent crimes or drug-related indictable offences.
Possible impacts on professional licences (e.g., real estate, nursing, teaching).

Steps to Take After Being Charged in Calgary

Seek Legal Advice Immediately

The most important first step is to contact a Calgary criminal defence lawyer as soon as possible. Early legal advice ensures you understand the charges against you, what to say (and not say) to police, and what to expect at each stage of the process.

Khalid Akram, Calgary Criminal Defence Lawyer — Khalid Akram

Gather Disclosure and Witness Information

Once charges are laid, your lawyer will request Crown disclosure, which includes police notes, witness statements, and evidence. It’s also wise to:

Write down your own detailed account of what happened while it’s fresh in your mind.
Collect names and contact information for potential witnesses.
Preserve any text messages, emails, or other evidence that may support your defence.

Prepare for Your First Court Appearance

Most Calgary criminal cases begin with a first appearance in Calgary Provincial Court. This is not a trial, but it’s an important step where you or your lawyer confirm the charges and set future dates. A lawyer can appear on your behalf in many cases, saving you time and stress.

Book a Consultation with a Calgary Criminal Defence Lawyer

Protect your future by speaking with a local lawyer who knows the Calgary court system.

Alcohol vs. Drug DUI: Dual Impairment Cases

Khalid Akram · October 3, 2025 ·

Understanding Dual Impairment DUI Charges in Calgary

In Calgary, dual impairment refers to situations where a driver is accused of being under the influence of both alcohol and drugs at the same time. Under section 320.14 of Canada’s Criminal Code, it is a criminal offence to operate a motor vehicle while impaired by alcohol, a drug, or a combination of both. These cases are particularly complex because prosecutors must prove that both substances contributed to the driver’s impairment.

How Calgary Police Investigate Dual Impairment Cases

The Calgary Police Service (CPS) follows a strict protocol when investigating suspected dual impairment cases. If an officer suspects alcohol consumption, they typically begin with a roadside Approved Screening Device (ASD) test. If drug impairment is also suspected, officers may involve a Drug Recognition Evaluator (DRE) or request a Standardized Field Sobriety Test (SFST).

When both alcohol and drugs are believed to be factors, the process can involve:

Breath tests at the station using an Intoxilyzer to confirm Blood Alcohol Concentration (BAC).
Blood or urine samples to detect the presence of controlled substances such as cannabis, opioids, or prescription medication.
Expert testimony from toxicologists to show how the combination of substances may have affected driving ability.

Alcohol-Only vs. Drug-Only vs. Combined Impairment Charges

While alcohol-only DUIs are generally based on a BAC of 80 mg or more per 100 mL of blood, drug-only DUIs require proof that a substance was present above the legal limit (for example, THC over 2 ng/mL). In combined impairment cases, prosecutors don’t just rely on numeric thresholds—they must prove that the driver’s ability to operate a vehicle was impaired by the interaction of both substances. This often leads to more technical defences, as lawyers can challenge whether impairment was due to one substance or both.

Alberta’s Immediate Roadside Sanctions (IRS) in Dual Cases

Alberta’s Immediate Roadside Sanctions (IRS) Program applies to drivers suspected of alcohol or drug impairment, even before criminal charges are laid. In dual impairment cases, a driver may face:

Immediate licence suspension for 90 days.
Vehicle seizure for 30 days.
Mandatory participation in the Ignition Interlock Program if criminal charges are pursued.

Because IRS penalties take effect right away, Calgary defence lawyers typically act quickly to review disclosure, challenge the evidence, and request a review hearing if procedural errors occurred.

How Calgary Police Test for Alcohol and Drugs

When Calgary Police Service (CPS) officers suspect a driver is impaired by both alcohol and drugs, they use a multi-step process to collect reliable evidence that can stand up in court. Each stage is time-sensitive and must comply with the Canadian Charter of Rights and Freedoms to ensure the evidence is admissible.

Roadside Approved Screening Devices (ASDs)

The first step in most investigations is the roadside Approved Screening Device (ASD). CPS officers use handheld breathalyzers to quickly determine whether a driver’s Blood Alcohol Concentration (BAC) is above the legal threshold. A “fail” result on an ASD allows police to make a breath demand and transport the driver to a police station for a more accurate Intoxilyzer test.

Drug Recognition Evaluation (DRE) and SFST

If drugs are suspected in addition to alcohol, a Drug Recognition Evaluator (DRE) may be called in. DRE officers are specially trained to evaluate physical signs of drug impairment, including:

Pupil size and reaction to light
Blood pressure, pulse, and body temperature
Balance, coordination, and divided-attention tasks

In some cases, CPS will also administer Standardized Field Sobriety Tests (SFST), which include the horizontal gaze nystagmus test, walk-and-turn, and one-leg stand.

Blood Sample Collection Procedures

For dual impairment cases, blood samples are often the most critical piece of evidence. A qualified medical professional collects the sample under controlled conditions, following Canada’s strict evidentiary rules.

Timelines and Evidence Integrity

Under section 320.28 of the Criminal Code, police must follow strict timelines for evidence collection, including obtaining breath or blood samples within two hours of driving whenever possible. Failing to meet these deadlines, or breaking the chain of custody for samples, can give defence lawyers strong grounds to challenge the admissibility of the evidence in court.

Legal Penalties for Combined Alcohol and Drug Impairment

Being convicted of a dual impairment offence in Calgary carries serious legal, financial, and personal consequences. Because these cases involve both alcohol and drugs, courts often view them as more severe than single-substance DUIs, which can lead to harsher penalties.

Mandatory Minimum Fines and Licence Suspensions

Under section 320.19 of Canada’s Criminal Code, a first conviction for impaired driving carries a mandatory minimum fine of $1,000. In dual impairment cases, judges may impose higher fines to reflect the increased danger posed by combining substances. Drivers will also face an automatic one-year licence suspension and will typically be required to complete Alberta’s Ignition Interlock Program before regaining full driving privileges.

Additional Penalties for Dual Impairment

Because both alcohol and drugs contributed to the offence, the court may consider aggravating factors that justify stiffer penalties, such as:

Longer driving prohibitions (up to several years for repeat offenders)
Mandatory participation in rehabilitation programs addressing substance use
Higher fines or jail sentences, particularly if there was a collision, injury, or high BAC level

Effects on Alberta Driving Privileges and Insurance

Beyond the court-ordered suspension, Alberta’s Immediate Roadside Sanctions (IRS) program can impose administrative penalties immediately after the arrest, including:

A 90-day immediate licence suspension
A 30-day vehicle seizure
Mandatory education courses under the Planning Ahead or IMPACT programs

Insurance rates also increase dramatically following a DUI conviction. Some Calgary drivers find themselves placed in high-risk insurance pools, which can double or triple annual premiums.

Criminal Record and Long-Term Impact

A dual impairment conviction results in a criminal record, which can significantly affect a person’s future. This record may:

Restrict international travel, particularly to the United States, where a DUI is considered a serious offence
Limit employment opportunities, especially for jobs requiring driving, professional licensing, or security clearance
Create lasting stigma that can affect housing, volunteer work, and community standing

Role of Expert Evidence in Dual Impairment Cases

Expert evidence plays a critical role in defending dual impairment cases in Calgary because these charges involve the complex interaction of alcohol and drugs in the human body. A skilled defence lawyer often relies on toxicologists, medical specialists, and forensic experts to challenge the prosecution’s version of events and raise reasonable doubt.

Explaining How Substances Interact in the Body

Toxicology experts can explain to the court how alcohol and drugs interact pharmacologically and physiologically. For example, alcohol may amplify the sedative effects of cannabis or prescription medication, but in some cases, one substance may offset or mask the effects of the other.

Demonstrating Medical or Prescription Medication Effects

Some drivers may have legitimate prescriptions that affect their test results or cause side effects similar to impairment. Medical experts can provide context on:

The therapeutic levels of prescribed medications versus levels that indicate abuse
Conditions like diabetes, neurological disorders, or anxiety that can mimic impairment signs
Why certain medications may lead to false positives in urine or blood tests

This testimony helps show that the observed behaviour or test results were not necessarily caused by illegal impairment.

Highlighting Gaps in CPS Investigation or Lab Analysis

Expert witnesses can also scrutinize the Calgary Police Service’s investigation and laboratory procedures. They may point out:

Improperly calibrated equipment or expired testing kits
Chain of custody issues that raise doubt about sample integrity
Delays beyond the two-hour legal window that affect the reliability of blood alcohol and drug concentration results

When such weaknesses are exposed, a judge may exclude evidence under the Canadian Charter of Rights and Freedoms, sometimes leading to a dismissal or reduction of charges.

What to Do If You’re Charged with Dual Impairment in Calgary

Being charged with a dual impairment offence can be stressful and overwhelming, but taking the right steps early can make a significant difference in the outcome of your case.

Immediate Steps After the Charge

If you are stopped and charged, it is crucial to comply with police instructions to avoid additional charges such as obstruction. As soon as possible, you should:

Request full disclosure of the evidence, including ASD results, Intoxilyzer records, SFST notes, and lab reports.
Document everything you remember about the traffic stop, including timelines, officer behaviour, and any statements made.
Contact a Calgary impaired driving lawyer immediately to receive guidance before your first court appearance.

Acting Quickly to Preserve Evidence

Time is critical in dual impairment cases. Acting quickly allows your lawyer to:

File necessary Charter applications if your rights were violated.
Obtain surveillance footage or witness statements before they are lost.
Ensure that all testing equipment records and officer training certifications are preserved for review.

The sooner you involve legal counsel, the stronger your defence strategy can be.

Book a Consultation with a Calgary DUI Lawyer

If you have been charged with combined alcohol and drug impairment, do not wait. Book a consultation with an experienced Calgary DUI defence lawyer today to review your case, explore legal defences, and protect your driving privileges.

How Medical Conditions Affect Breath Test Accuracy

Khalid Akram · October 1, 2025 ·

Overview of Breath Testing in Calgary DUI Investigations

Breath testing is a key part of impaired driving investigations in Calgary, and understanding how it works is essential for building an effective legal defence. The Calgary Police Service (CPS) follows a strict, standardized process when conducting breath tests under the Criminal Code of Canada.

Roadside Approved Screening Devices (ASDs)

When a driver is stopped on suspicion of impaired driving, CPS officers typically begin by using an Approved Screening Device (ASD) at the roadside. These portable devices are designed to detect the presence of alcohol in a driver’s breath and determine whether further testing is necessary. If the ASD registers a “fail” result (usually corresponding to a Blood Alcohol Concentration (BAC) of 0.08 or higher), the officer will place the driver under arrest and transport them to a CPS detachment for further testing.

Intoxilyzer Testing at CPS Stations

Once at the station, drivers are tested on a calibrated Intoxilyzer, which is a more sophisticated and legally recognized device for determining BAC. Officers must follow strict protocols, including ensuring two separate breath samples are taken within a prescribed interval. These results are used as primary evidence in court.

Legal Requirement to Test Within Two Hours

Canadian law imposes a two-hour rule: breath samples must generally be taken within two hours of the time the driver was last operating the vehicle.

Alberta’s Immediate Roadside Sanctions (IRS)

In Alberta, the Immediate Roadside Sanctions (IRS) Program allows CPS officers to impose administrative penalties based on breath test results — even before a criminal charge is laid. Penalties can include immediate licence suspensions, vehicle seizures, and mandatory education

First-Time DUI Offenses in Calgary: What to Expect

Medical Conditions That Can Affect Breath Test Results

Certain medical conditions can interfere with the accuracy of breath test results, leading to potentially misleading BAC readings. In Calgary DUI cases, understanding these factors can be critical for building a strong legal defence.

Gastroesophageal Reflux Disease (GERD) and Acid Reflux

Individuals with GERD or chronic acid reflux may experience mouth alcohol contamination during a breath test. Alcohol vapours from the stomach can rise into the mouth and throat, artificially inflating the BAC reading on an ASD or Intoxilyzer. Calgary defence lawyers often raise this issue when cross-examining officers or presenting medical evidence in court.

Diabetes and Ketoacidosis

People living with diabetes can develop a condition called ketoacidosis, which causes the body to produce acetone. Some breath testing devices can mistake acetone for ethanol, resulting in a false positive or exaggerated BAC reading. Defence lawyers in Calgary may request medical records and expert toxicology reports to challenge these results.

Respiratory Conditions (COPD, Asthma)

Conditions like chronic obstructive pulmonary disease (COPD) and asthma can make it difficult to provide a proper breath sample. This may lead to “insufficient sample” warnings or erratic readings. Lawyers may argue that these issues compromise the reliability of the test and should be taken into account by the court.

Recent Surgeries or Medical Devices

Certain medical interventions — such as tracheostomy tubes or recent throat surgeries — can affect how a person exhales during a breath test. If a Calgary driver has undergone surgery or uses medical devices that alter their airflow, their lawyer can present this evidence to question the validity of the test results.

Medications and Alcohol-Based Products

Many over-the-counter medications, cough syrups, and even alcohol-based mouthwash can leave short-term traces of alcohol in the mouth. These substances can produce false positive results if a breath test is taken soon after use. In Calgary, experienced DUI defence lawyers may subpoena pharmacy or medical records to show that a client’s positive test was not due to alcohol consumption.

How These Conditions Lead to False Positives

Medical conditions can create false positives or artificially high BAC readings, which is why courts in Calgary carefully scrutinize breath test evidence. Understanding the science behind these errors helps build stronger legal arguments.

Mouth Alcohol Interference

When alcohol vapours linger in the mouth or throat — whether from GERD, acid reflux, or recent use of alcohol-containing products — they can contaminate the breath sample. Breath testing devices like the Intoxilyzer 8000C, used by the Calgary Police Service, assume that the air being measured comes from deep in the lungs (alveolar air). If mouth alcohol is present, the device may register a much higher BAC than what is truly in the bloodstream.

Case Examples of Inaccurate Results

Canadian case law has recognized that medical issues can lead to unreliable breath test readings. For example, there have been cases where defendants with chronic acid reflux or poorly managed diabetes successfully challenged their results, leading to acquittals. These examples highlight the importance of presenting medical documentation and expert testimony in Calgary courts.

Artificially High Readings Without Significant Alcohol Intake

Conditions such as diabetic ketoacidosis produce acetone in the body, which can be misinterpreted by certain devices as ethanol. Similarly, individuals with respiratory conditions may have difficulty providing a consistent, deep lung sample, resulting in erratic readings that overestimate BAC. Even those who used mouthwash or cough syrup shortly before being stopped could appear over the legal limit, despite minimal or no alcohol consumption.

Role of Expert Witnesses in Calgary DUI Cases

Expert witnesses play a crucial role in challenging breath test results in Calgary impaired driving cases. Their testimony helps judges understand the scientific and medical factors that may have led to false positives or inflated BAC readings.

Toxicologists and Medical Experts

Toxicologists are often called upon to explain how breath testing devices work and why certain conditions — like GERD, diabetes, or COPD — can interfere with their accuracy. Medical specialists may testify about a defendant’s specific health condition, offering insight into how it could have contributed to an unreliable reading on the Intoxilyzer 8000C used by the Calgary Police Service.

Showing the Link Between Condition and BAC Results

An effective defence involves more than simply stating that a client has a medical condition. Expert witnesses must clearly demonstrate how that condition affected the blood-to-breath alcohol ratio or caused mouth alcohol contamination. This scientific connection is often critical for persuading the court that the reading does not reflect the driver’s true level of impairment.

Using Credible, Peer-Reviewed Evidence

Calgary defence lawyers strengthen their arguments by presenting peer-reviewed research studies and widely accepted scientific literature. This ensures that the evidence is not just anecdotal but grounded in sound science. Credible expert testimony can lead to evidence being excluded, charges being reduced, or even complete acquittals.

Steps to Take If You Have a Medical Condition and Are Charged

Inform Your Calgary Impaired Driving Lawyer

Be upfront with your lawyer about all health conditions, including GERD, diabetes, asthma, or any recent surgeries. The sooner your lawyer is aware of these details, the faster they can consult medical experts and begin building a strategy to challenge unreliable test results.

Gather and Preserve Medical Documentation

Collect medical records, prescriptions, and notes from your doctor that confirm your diagnosis and treatment history. These documents can be used in court to support the argument that your BAC reading was not an accurate reflection of your level of impairment.

Request Disclosure and Preserve Evidence

Your lawyer can make formal disclosure requests to the Crown for breathalyzer calibration logs, maintenance records, and officer notes. Acting quickly ensures critical evidence is preserved before it becomes unavailable, strengthening the case for having the test results excluded if they were affected by your condition.

Take Immediate Legal Action

Delaying legal advice can put your licence, job, and future at risk. Booking a consultation with a Calgary DUI defence lawyer allows you to explore possible medical defences, understand the legal process, and start protecting your driving privileges right away.

The “Over 80” Charge: Definition and Defence Options

Khalid Akram · September 29, 2025 ·

What Is an “Over 80” Charge in Calgary?

The term “Over 80” refers to an offence under section 320.14(1)(b) of Canada’s Criminal Code, which makes it illegal to operate a motor vehicle with a blood alcohol concentration of 80 milligrams (mg) of alcohol per 100 millilitres (mL) of blood or more. In legal terms, this is a per se offence — meaning that even if your driving appears unaffected, simply being over this threshold is enough to be charged.

How the Law Is Enforced in Calgary

The Calgary Police Service (CPS) actively enforces impaired driving laws through roadside checkpoints, traffic stops, and mandatory alcohol screening devices. These include:

Approved Screening Devices (ASDs): Used roadside to measure BAC within minutes.
Breathalyzer Tests at the Police Station: If the roadside test shows a fail (80 mg or higher), you may be taken to a station for a more accurate evidentiary breath test.
Blood Tests: Ordered in certain cases where a breath sample cannot be obtained (e.g., medical reasons).

Distinction Between “Over 80” and Impaired Driving

It’s important to understand that “Over 80” is not the same as a general impaired driving charge.

Over 80 is based strictly on BAC level, regardless of whether you show visible signs of impairment.
Impaired driving under s. 320.14(1)(a) is based on observable signs that your ability to operate a vehicle is affected by alcohol or drugs, regardless of BAC.

In some cases, drivers in Calgary are charged with both offences simultaneously — impaired driving and over 80 — depending on the evidence available.

Impaired Driving and License Suspensions in Calgary

How Calgary Police Investigate “Over 80” Cases

The investigation process for an “Over 80” charge in Calgary is highly structured and follows both federal law under the Criminal Code of Canada and provincial policies under Alberta’s Immediate Roadside Sanctions (IRS) Program. Understanding these procedures is critical because any misstep by police can affect the admissibility of evidence and the outcome of the case.

Traffic Stops and Roadside Screening

Calgary Police Service (CPS) officers can initiate a stop for a variety of reasons, including traffic violations, erratic driving, or random check stops. Once stopped, officers may:

Ask routine questions about alcohol or drug consumption.
Administer an Approved Screening Device (ASD) test if they have reasonable suspicion that the driver has alcohol in their system.
Issue a roadside “breath demand” which legally compels the driver to provide a sample on the ASD.

Failing or refusing to provide a roadside sample can lead to criminal charges for refusal, which often carry penalties as severe as an “Over 80” conviction.

Station Procedures and Intoxilyzer Breath Tests

If the roadside ASD registers a “fail” (80 mg/100 mL or more), the driver is typically arrested and taken to a CPS district office. At the station, officers follow strict procedures:

Provide a formal demand for two evidentiary breath samples using the Intoxilyzer (an approved instrument).
Ensure that the samples are taken by a qualified breath technician.
Record and document the results for use in court.

Any delays, equipment malfunctions, or deviations from procedure can be grounds for a Charter challenge later.

Legal Timelines

Under section 320.14(1)(b), police must obtain breath samples within two hours of the time of driving. If samples are taken outside this window, prosecutors must rely on special evidentiary presumptions and expert testimony to prove the BAC at the time of driving, which can make the case more difficult.

Alberta’s Immediate Roadside Sanctions (IRS)

Alberta’s IRS Program, introduced to streamline impaired driving enforcement, allows police to issue administrative penalties immediately at the roadside. These include:

Immediate licence suspensions ranging from 3 to 90 days.
Vehicle seizures for first and repeat offenders.
Mandatory education or treatment programs for reinstatement.

While IRS penalties are separate from criminal charges, CPS often pursues both, meaning drivers may face immediate administrative consequences and later court proceedings for the “Over 80” offence.

Legal Penalties for an “Over 80” Conviction in Calgary

An “Over 80” conviction carries serious consequences that can affect nearly every part of your life — from your ability to drive to your employment prospects. In Calgary, penalties combine federal Criminal Code requirements with Alberta’s provincial administrative sanctions, making the outcome especially significant.

Criminal Code Consequences

Under s. 320.19 of the Criminal Code, the penalties for an “Over 80” offence are mandatory and escalate with each subsequent conviction:

First Offence: Minimum fine of $1,000 and a mandatory one-year driving prohibition across Canada.
Second Offence: Minimum 30-day jail sentence and a two-year driving prohibition (plus any court-ordered probation).
Third or Subsequent Offence: Minimum 120-day jail sentence and a driving prohibition of at least three years, with the possibility of a lifetime ban.

Alberta Driver’s Licence and Insurance Impact

A criminal conviction automatically triggers provincial licensing consequences. In Alberta, this means:

Licence Suspension: The Alberta Registrar of Motor Vehicles will suspend your licence for the period ordered by the court.
Ignition Interlock Program: To regain driving privileges early, you must apply for the Ignition Interlock Program and install the device at your own expense.
Insurance Consequences: Convicted drivers are classified as high-risk, leading to dramatically increased auto insurance premiums for several years — sometimes making coverage very costly or difficult to obtain.

Combined Provincial and Federal Penalties

It is important to note that the Immediate Roadside Sanctions (IRS) Program operates separately from the criminal process. Drivers may face:

Immediate 90-day roadside suspension and vehicle seizure at the time of arrest.
IRS education or treatment requirements before reinstatement of full driving privileges.

Even if criminal charges are later withdrawn or reduced, some IRS penalties may remain unless successfully appealed through Alberta’s administrative review process.

Steps to Take After an “Over 80” Charge in Calgary

Comply with Police but Protect Your Rights

The first step is to remain calm and comply with lawful police demands, including providing the required breath samples. However, you also have important Charter rights:

Right to Silence: You are not obligated to answer questions about where you were or how much you had to drink.
Right to Counsel: You can immediately request to speak to a lawyer and CPS must give you a reasonable opportunity to do so before further questioning.

Exercising these rights respectfully can prevent additional charges such as refusal or obstruction.

Request Disclosure and Preserve Evidence

Once released, it is crucial to request full disclosure of the Crown’s evidence. This includes:

CPS reports and officer notes
ASD and Intoxilyzer maintenance records
Video footage from body-worn cameras or station interviews

At the same time, you should document your own version of events while it is still fresh — including timelines, witnesses, and any irregularities in the police process that could support a defence.

Act Quickly to Protect Your Licence and Meet Deadlines

Alberta’s Immediate Roadside Sanctions (IRS) program and court processes have strict deadlines. Missing them can mean:

Losing your chance to appeal a roadside suspension
Delays in entering the Ignition Interlock Program
Missing an early opportunity to negotiate with the Crown

Quick action allows your lawyer to preserve evidence and file any necessary Charter applications within the required time limits.

Book a Consultation with a Calgary Impaired Driving Lawyer

Finally, schedule a consultation with an experienced Calgary impaired driving lawyer as soon as possible. A skilled defence lawyer can:

Review disclosure for errors or Charter breaches
Build a tailored defence strategy
Represent you in court to seek a reduced charge, dismissal, or acquittal

Early legal representation often leads to better results, including avoiding unnecessary licence suspensions and reducing long-term financial and personal consequences.