Khalid Akram

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

Khalid Akram, Calgary Criminal Defence Lawyer — Khalid Akram

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.

Calgary Police Errors in DUI Arrests

Khalid Akram · September 26, 2025 ·

Common Calgary Police Errors in DUI Investigations

Improper Traffic Stop Procedures

In Alberta, police must have lawful grounds before stopping a vehicle. If officers in Calgary conduct a traffic stop without reasonable suspicion — for example, pulling someone over arbitrarily without a valid reason — it may constitute a violation of Section 9 of the Canadian Charter of Rights and Freedoms (protection against arbitrary detention). Your lawyer can challenge the legality of the stop and seek to have all evidence gathered after the unlawful stop excluded.

Errors in Administering Roadside Breath Tests

Calgary police use approved screening devices (ASDs) to test for alcohol. However, officers must follow strict procedures — including proper calibration of the device and correct operation during the test. Mistakes such as failing to demand the test immediately, using a malfunctioning device, or not recording test results correctly can undermine the reliability of the evidence.

Failure to Respect Mandatory Waiting Periods or Timelines

Timing is critical in DUI investigations. Officers must respect mandatory waiting periods between the first and second breath samples and conduct testing within a legally acceptable time frame after the traffic stop. Delays in taking samples can lead to inaccurate readings, and a lawyer may argue that this affects the reliability of the results.

Breaches of Charter Rights

Common Charter breaches include failure to inform the accused of their right to counsel promptly (Section 10(b)) or not allowing a reasonable opportunity to contact a lawyer before testing. In Calgary courts, such breaches often result in exclusion of evidence if they impact the fairness of the trial.

Mishandling or Improper Storage of Evidence

Breath or blood samples must be collected, stored, and analyzed according to strict chain-of-custody rules. If Calgary police lose evidence, fail to refrigerate samples properly, or otherwise compromise the integrity of the evidence, your lawyer can seek to have it excluded.

Legal Consequences of Police Errors

Exclusion of Evidence Under the Charter

When Calgary police make procedural mistakes — such as unlawful traffic stops or failure to promptly offer the right to counsel — an impaired driving lawyer can bring a Charter application under sections 8, 9, or 10(b) of the Canadian Charter of Rights and Freedoms. If the court finds that your rights were violated, it can exclude the breath or blood test results under section 24(2) of the Charter. Without this key evidence, the Crown’s case often collapses, making an acquittal much more likely.

Case Dismissal or Reduction of Charges

Significant police errors can lead to the entire case being dismissed. Even if a full acquittal is not possible, skilled defence lawyers in Calgary may use these errors to negotiate a reduction of charges — for example, from a Criminal Code impaired driving offence to a non-criminal traffic violation.

Calgary Case Examples

Calgary courts have a history of dismissing DUI charges where police procedures were flawed:

Failure to Respect Right to Counsel: In several Calgary Provincial Court cases, charges were stayed when officers delayed providing access to a lawyer, finding that this breach violated the accused’s section 10(b) rights.
Improper Breath Test Procedures: Local cases have seen breathalyzer results excluded because officers failed to follow the mandatory observation period before taking a second sample, rendering the results unreliable.
Unlawful Traffic Stops: Calgary judges have thrown out evidence gathered after stops that lacked reasonable grounds, reinforcing the protection against arbitrary detention.

How an Impaired Driving Lawyer Builds a Defence in Calgary

Calgary Criminal Defence Lawyer Office - Akram Law — Akram Law.

Reviewing Calgary Police Service Reports and Evidence

A skilled Calgary impaired driving lawyer begins by thoroughly reviewing Calgary Police Service (CPS) reports, officer notes, and any available body-worn camera footage. They also examine breathalyzer maintenance and calibration records to ensure the device was functioning properly at the time of testing. Any discrepancies or missing documentation can become a foundation for challenging the Crown’s case.

Cross-Examining Officers for Procedural Inconsistencies

Defence counsel will often cross-examine CPS officers to uncover inconsistencies in their version of events. For example, an officer’s testimony about the timeline for the traffic stop or the administration of roadside tests may conflict with dispatch records or video evidence. These inconsistencies can raise doubt about the reliability of the investigation and weaken the prosecution’s case.

Filing Charter Applications

When rights are violated — such as failure to offer the right to counsel, unlawful detention, or improper handling of evidence — your lawyer may file a Charter application under section 24(2) of the Canadian Charter of Rights and Freedoms. This seeks to have unlawfully obtained evidence (like breath or blood test results) excluded from trial. In many Calgary cases, successful Charter arguments have led to a full withdrawal of charges.

Using Expert Toxicologists

Expert toxicologists are frequently retained to review blood alcohol concentration (BAC) calculations. These experts can explain how improper sample collection, delayed testing, or machine malfunction may have produced inflated readings. Their testimony can create reasonable doubt about whether the accused’s BAC was actually above the legal limit at the time of driving.

Protecting Your Rights After a DUI Arrest in Calgary

Take Immediate Action After Being Charged

The moments after a DUI arrest are critical. As soon as you are released from custody, you should request full disclosure from the Crown — including Calgary Police Service reports, officer notes, and breathalyzer records. Your next step should be to contact an experienced Calgary impaired driving lawyer right away. Early legal advice can prevent you from making statements that could harm your case and ensure you understand your rights under the Canadian Charter of Rights and Freedoms.

Document Every Detail of the Stop and Arrest

Write down everything you remember about the traffic stop, the roadside screening, and your interactions with CPS officers. Key details include:

The time and location of the stop.
Whether you were told why you were stopped.
How and when you were offered the right to counsel.
Any delays before testing or issues with the testing equipment.

Secure Legal Representation Early

The sooner you involve a lawyer, the better your chances of protecting your rights. Early representation allows your lawyer to:

File timely Charter applications to exclude unlawfully obtained evidence.
Preserve critical evidence such as surveillance footage that may be deleted after a short period.
Begin negotiations with the Crown before a trial date is set, which can sometimes lead to reduced charges or early resolution.

Prompt action can make the difference between a criminal conviction and a successful defence in Calgary’s courts.

How Weather and Road Conditions Impact Impaired Driving Defence

Khalid Akram · September 24, 2025 ·

How Calgary Weather Contributes to Impaired Driving Investigations

Calgary’s climate plays a direct role in how impaired driving cases are investigated and defended. Because weather can influence driver behaviour and police observations, it is often a central issue raised by defence lawyers.

Icy roads, snow, and limited visibility leading to more frequent stops
Calgary winters are notoriously harsh. Slippery intersections, sudden whiteouts, and poor visibility on Deerfoot Trail or Crowchild Trail often cause drivers to make abrupt movements that police may interpret as signs of impairment. A swerve to avoid black ice or an unexpected skid can easily be mistaken for impaired driving behaviour.
Why police increase impaired driving patrols during winter and Stampede season
Law enforcement in Calgary typically increases roadside checks during high-risk times. Winter months bring more impaired driving patrols due to holiday gatherings, while the Calgary Stampede sees a surge in enforcement as thousands of people attend events where alcohol is served.
Weather as a factor in roadside observations
Officers conducting roadside tests may misinterpret weather-related behaviour as impairment. For example, slurred speech could be confused with teeth chattering, and poor balance during a walk-and-turn test might be caused by icy pavement rather than intoxication. Even red, watery eyes can be the result of blowing snow or bitter winds instead of alcohol consumption.

Weather and Road Conditions Impact Impaired Driving Defence

Weather-Related Defences Used by Calgary Criminal Lawyers

When defending against impaired driving charges in Calgary, criminal lawyers often point to weather and road conditions as key factors in shaping the case.

Challenging officer observations influenced by environmental conditions
Police reports often rely on subjective indicators like balance, speech, and driving patterns. In freezing Calgary winters, however, behaviours such as stumbling on icy sidewalks, shivering during roadside questioning, or having watery eyes from windchill can unfairly be interpreted as signs of intoxication.
Arguing that erratic driving may have been caused by road conditions rather than impairment
Erratic steering, sudden braking, or swerving may be explained by hazardous road conditions rather than alcohol or drug use. For instance, black ice along Deerfoot Trail or slush build-up on residential streets can force a driver to make abrupt manoeuvres.
Use of expert testimony on weather and road safety in Calgary
Criminal lawyers in Calgary frequently call on expert witnesses—such as traffic safety specialists or meteorologists—to explain how snow, ice, or heavy rain may have affected driving performance.
Case examples where adverse conditions impacted trial outcomes
In past Alberta cases, courts have acknowledged that environmental factors can undermine the reliability of police evidence. For example, a driver’s inability to complete a roadside balance test on icy pavement, or difficulties speaking clearly in sub-zero temperatures, have been accepted as reasonable alternative explanations.

Road Conditions and Their Effect on Impaired Driving Cases

Calgary’s road network, combined with Alberta’s climate, creates driving challenges that often complicate impaired driving investigations. From black ice on major highways to construction detours in the downtown core, road conditions can directly influence how police interpret a driver’s behaviour—and how defence lawyers challenge those interpretations in court.

Black ice, potholes, and construction zones in Calgary complicating police assessments
Calgary drivers are all too familiar with black ice on Deerfoot Trail, Memorial Drive, and neighbourhood intersections. A sudden skid or overcorrection may be viewed by officers as impaired driving rather than a natural response to hidden ice. Similarly, potholes on residential streets or uneven surfaces in ongoing construction zones—common during Calgary’s short summer roadwork season—can cause jerky steering or uneven braking.
Poor road maintenance as a contributing factor in swerving or delayed braking
Snow accumulation, unplowed streets, and salt residue all affect vehicle handling. For example, a driver who swerves to avoid a snowbank on a poorly maintained road in Calgary’s suburbs may look reckless but could simply be navigating hazardous conditions. Defence strategies often highlight these realities to show that driving errors may stem from maintenance failures, not alcohol or drugs.
How defence lawyers demonstrate alternative explanations for driving behaviour
Calgary criminal lawyers frequently reconstruct the driving scenario to prove that weather or road conditions were a more likely cause of the alleged impairment.

Breath Tests and Weather Factors in Calgary

Breathalyser results are often central to impaired driving cases in Calgary, but Alberta’s extreme weather can raise serious questions about the accuracy and reliability of roadside testing. Defence lawyers frequently challenge these results by pointing to how cold temperatures affect both the device and the testing process.

Cold weather effects on roadside breathalyser accuracy
Roadside screening devices are sensitive instruments, and Calgary’s sub-zero temperatures can interfere with their performance. In bitter cold, moisture in a person’s breath may freeze in the device, leading to faulty readings. Windchill and rapid temperature changes may also affect how consistently the machine processes air samples, creating room for error in borderline cases.
Potential issues with device calibration in extreme Calgary winters
For a breath test to be admissible in court, the device must be properly maintained and calibrated. However, when machines are stored or used outdoors in -20°C weather, calibration can drift. Police vehicles conducting patrols across Calgary neighbourhoods often transport these devices in fluctuating temperatures, which may compromise their accuracy. Defence lawyers regularly request maintenance and calibration records to determine if environmental conditions played a role in producing questionable results.
Defence strategies to challenge breath test reliability
Criminal lawyers in Calgary often argue that environmental conditions cast doubt on the validity of breathalyser readings. They may challenge the timing of the test, the training of the officer in handling the device under winter conditions, or inconsistencies between the breath test results and the driver’s observed behaviour. In some cases, expert testimony is introduced to explain how Calgary’s weather could have contributed to a false positive or inflated blood alcohol concentration (BAC) result.

Consequences of an Impaired Driving Conviction in Calgary

An impaired driving conviction in Calgary carries serious and lasting consequences that extend well beyond the initial charge. Alberta has some of the strictest impaired driving laws in Canada, and individuals convicted often face penalties that affect their criminal record, finances, and driving privileges for years.

Criminal record implications
A conviction for impaired driving under the Criminal Code of Canada results in a permanent criminal record. This can limit employment opportunities, especially in industries that require driving, international travel (such as entry into the United States), and even volunteer positions that involve background checks. Calgary residents often find that a single conviction continues to affect their reputation and future long after court proceedings conclude.
Alberta’s Immediate Roadside Sanctions (IRS) program
Alberta introduced the Immediate Roadside Sanctions (IRS) program to streamline impaired driving enforcement. Under this system, drivers can face immediate licence suspensions, vehicle seizures, and escalating fines without waiting for a criminal conviction. In Calgary, this means that even before appearing in court, a driver may already be dealing with the loss of their vehicle and the inability to drive to work or school. Defence lawyers often argue against the fairness of these administrative penalties, which can be as disruptive as criminal sanctions.
Insurance hikes and long-term driving restrictions
A conviction also impacts auto insurance in Calgary. Drivers convicted of impaired driving are classified as high-risk, leading to significant premium increases or outright cancellation of coverage. Additionally, Alberta’s Ignition Interlock Program may require convicted drivers to install a breath-activated ignition device on their vehicles for months or even years.

Why You Need a Calgary Criminal Lawyer for Weather-Related Impaired Driving Cases

When facing an impaired driving charge in Calgary, hiring an experienced criminal lawyer is essential—especially when weather and road conditions are part of the case. Alberta’s climate creates unique challenges that directly influence how investigations are conducted and how courts evaluate evidence.

Understanding how local conditions affect police investigations
Calgary criminal lawyers are familiar with how extreme cold, icy streets, and Stampede season traffic shape police enforcement. They know that officer observations can easily be clouded by environmental factors, and they use this knowledge to challenge weak or misleading evidence.
Tailoring defence strategies based on Calgary-specific weather and road patterns
A local lawyer understands that black ice on Deerfoot Trail, unplowed suburban streets, and constant road construction can all mimic the signs of impaired driving. By tailoring defence arguments to these Calgary realities, they can raise reasonable doubt and strengthen the case for dismissal or reduced charges.
Protecting your Charter rights during winter roadside stops
Roadside stops in freezing temperatures often create conditions where Charter rights—such as the right to counsel—may be delayed or overlooked. A Calgary defence lawyer ensures that your rights are fully protected and that any breaches are raised in court, potentially leading to the exclusion of evidence.

Impaired Driving at Checkpoints: Your Rights in Calgary

Khalid Akram · September 22, 2025 ·

What Are Impaired Driving Checkpoints in Calgary?

In Calgary, impaired driving checkpoints—commonly referred to as “Check Stops”—are a regular part of the city’s law enforcement strategy to keep roads safe. These roadside stops are organized by the Calgary Police Service (CPS) and are designed to identify and remove impaired drivers from the road. Officers stationed at these checkpoints have the authority to stop vehicles at random, ask questions, and request sobriety testing if impairment is suspected.

Check Stops are especially common during high-risk times of the year when alcohol and drug consumption tends to increase. For example, holiday seasons such as Christmas, New Year’s Eve, and Calgary Stampede often see more frequent and highly publicized checkpoints.

The legal authority for impaired driving checkpoints comes from both the Criminal Code of CanadaandAlberta’s Traffic Safety Act. Under these laws, police officers are permitted to stop drivers without prior suspicion of impairment. At a minimum, you can expect to be asked for your driver’s licence, registration, and proof of insurance. If officers observe signs of impairment—such as slurred speech, the smell of alcohol or cannabis, or erratic behaviour—they may request further testing, including roadside breath tests or oral fluid tests for drug impairment.

When Can Calgary Police Stop You?

Since the federal government introduced mandatory alcohol screening in 2018, officers can now demand a breath sample from any driver who has been lawfully stopped—even if there are no outward signs of impairment. This means that if you are pulled over at a Calgary Check Stop, police can require you to blow into a roadside screening device without needing prior suspicion that you have consumed alcohol.

It’s important to distinguish between routine traffic stops and official impaired drivingcheckpoints. A routine stop may occur if an officer observes a traffic violation such as speeding, running a red light, or failing to signal. During these stops, police may also assess whether the driver is impaired. In contrast, Check Stops are planned operations set up in specific areas of Calgary to target impaired driving.

Regardless of whether you are stopped during a traffic violation or at an official checkpoint, drivers in Calgary are legally required to comply. Even if you have not consumed alcohol or drugs, refusing to provide a breath sample when asked is itself a criminal offence under the Criminal Code of Canada.

Your Rights at an Impaired Driving Checkpoint in Calgary

Even though the Calgary Police Service (CPS) has wide powers to stop drivers at roadside checkpoints, you still have important rights protected under the Canadian Charter of Rights and Freedoms.

First, you have the right to be informed of the reason for the stop. Officers must clearly explain why they are stopping your vehicle and what they are requesting from you. At an official Check Stop, the purpose is usually to check for impaired driving, valid documentation, and overall road safety compliance.

Second, you have the right to legal counsel under section 10(b) of the Charter. If you are detained or arrested—for example, after failing a roadside screening test—you must be informed of your right to speak with a lawyer. Police must also provide you with a reasonable opportunity to contact legal counsel without delay.

However, there are limitations. At the roadside, police can make immediate demands for a breath test or oral fluid drug test before you have the chance to speak to a lawyer. In other words, your right to consult a lawyer is temporarily suspended until after the roadside test is complete.

If you are then taken to a police station or a mobile testing unit for further testing, your rights expand. At that stage, you must be given the opportunity to speak with a lawyer before providing additional samples, such as an evidentiary breath test. The distinction is important: while roadside screening allows for immediate demands, once you are formally detained for investigation, the Charter requires that your rights be fully respected.

For Calgarians, this means you should always comply with roadside demands, but also assert your right to legal counsel if the stop escalates into detention or arrest.

What Calgary Police Can and Cannot Do at Checkpoints

When you encounter an impaired driving checkpoint in Calgary, it’s important to know exactly what the Calgary Police Service (CPS) is legally allowed to do—and where the limits of their authority lie.

Lawful Powers

At a checkpoint, police have the legal right to:

Demand a roadside breath test if you are lawfully stopped, even without signs of impairment.
Request your driver’s licence, vehicle registration, and proof of insurance. You must provide these documents when asked, or risk fines and further penalties.
Make observations about your condition, such as slurred speech, red eyes, or the smell of alcohol or cannabis, which may lead to further testing or detention.

Unlawful Actions

While their powers are broad, there are limits. Police at checkpoints cannot automatically search your vehicle without reasonable grounds. For example, if there is no visible evidence of illegal substances or weapons, and no safety concerns, a search of your car would likely be unlawful. Similarly, officers cannot pressure you into answering unrelated personal questions—you are only required to provide identification and comply with lawful testing requests.

Use of Drug Recognition Experts (DREs) in Calgary

When alcohol isn’t the suspected issue, Calgary Police may rely on Drug Recognition Experts (DREs). If impairment is suspected, you may be required to provide a blood or urine sample for confirmation. DREs are frequently used in Calgary as cannabis and prescription drug-related impairment cases rise.

Consequences of Refusing a Roadside Test in Calgary

In Calgary, refusing to provide a roadside breath or drug test when lawfully demanded is treated as seriously as an actual impaired drivingoffence.

Immediate Licence Suspensions

Under Alberta’s Administrative Licence Suspension (ALS) Program, refusal to take a roadside test leads to an immediate licence suspension. Typically, this includes:

A 90-day suspension where you are prohibited from driving entirely.
Followed by a one-year period where you may only drive with an ignition interlock device installed in your vehicle.

This suspension is automatic and takes effect at the roadside, even before any court hearing.

Vehicle Seizure and Towing

In addition to losing your licence, your vehicle will be seized and towed at your expense. The standard seizure period is usually 30 days, meaning you will be responsible for storage and towing costs, which can add up quickly in Calgary.

Criminal Charges for Refusal

Refusing a test is itself a criminal offence under the Criminal Code of Canada. The consequences are the same as being convicted of impaired driving, which may include:

A minimum fine of $2,000.
A criminal record, which can affect employment, travel, and immigration status.
The possibility of jail time, especially for repeat offenders.
Mandatory education and treatment programs under Alberta’s impaired driving laws.

For Calgarians, the message is clear: refusing a test does not protect you—it puts you in the same legal position as failing one. The combination of immediate administrative penalties and potential criminal consequences makes refusal a very risky choice.

Penalties for Impaired Driving Charges in Calgary

Being charged with impaired driving in Calgary carries serious and long-lasting consequences under both federal and provincial law. Alberta has some of the strictest administrative penalties in Canada, and these apply in addition to the criminal consequences under the Criminal Code of Canada.

Fines, Licence Suspensions, and Ignition Interlock

For a first-time conviction, drivers can expect a mandatory minimum fine of $1,000, along with an automatic one-year licence suspension. After the initial 90-day absolute suspension, many drivers are only permitted to drive if they install an ignition interlock device in their vehicle at their own expense.

Jail Time for Repeat Offences

The penalties increase significantly for repeat offenders. A second conviction carries a minimum 30-day jail sentence, while a third conviction results in at least 120 days in jail. Judges in Calgary courts often impose harsher penalties when aggravating factors are present, such as high blood-alcohol levels, impaired driving with children in the vehicle, or causing an accident.

Impact on Insurance and Travel

An impaired driving conviction also leads to dramatically higher auto insurance premiums in Alberta, with many Calgary drivers finding themselves in high-risk categories for years after the offence. Beyond insurance, a conviction can create international travel restrictions. For example, entering the United States can be extremely difficult with an impaired driving record, as U.S. border officials may treat it as grounds for inadmissibility.

How Calgary Criminal Lawyers Defend Checkpoint Cases

Challenging the Legality of the Stop or Detention

One common defence is to question whether the initial stop or detention was lawful. While Calgary Police have broad authority at checkpoints, mistakes in procedure—such as failing to clearly state the reason for detention—can open the door for a legal challenge. If a judge finds the stop unlawful, any evidence gathered during that stop may be excluded.

Arguing Violations of Charter Rights

Defence lawyers also look for breaches of the Canadian Charter of Rights and Freedoms. For example, if there was an unreasonable delay in granting access to legal counsel after detention, section 10(b) rights may have been violated.

Disputing the Reliability of Roadside Screening Devices

Another key area of defence is the accuracy of roadside screening devices. Lawyers may argue that the device was not properly calibrated, maintained, or operated according to regulations. Environmental conditions—such as cold Calgary winters—can also affect reliability. If the test results are called into question, the Crown’s case may weaken considerably.

Using Alberta Case Precedents

Finally, Calgary defence lawyers often rely on Alberta case law to argue for reduced penalties or dismissal of charges. Precedents from local courts provide powerful examples of how procedural errors, Charter breaches, or unreliable evidence have led to successful defences in similar cases.