Sleeping in Your Car After Drinking: Is It Legal in Calgary?
The “Care and Control” Principle
The Criminal Code of Canada sets out the concept of “care and control.” This means that you don’t have to be driving to be charged with impaired driving. If you are found in a position where you could potentially set the vehicle in motion, you may be considered to have “care and control” of the car. For example, sitting in the driver’s seat—even if the engine is off—can be enough to raise suspicion that you might drive while impaired.
Why Being in the Driver’s Seat Matters
In Calgary, police officers are trained to assess whether someone in a parked vehicle still has the ability to put the car in motion. If you are asleep in the driver’s seat with the keys nearby, officers may conclude that you were in “care and control” of the vehicle. This could result in charges for impaired driving, even if your intention was simply to sleep it off.
How Calgary Police Interpret These Situations
Calgary Police Service takes impaired driving seriously, and officers use their discretion when evaluating these cases. Some factors they may consider include:
- Whether the vehicle was running or the keys were in the ignition.
- Your location inside the vehicle (driver’s seat versus back seat).
- The vehicle’s position—such as being parked on a roadside versus a private driveway.
- Whether there were realistic risks that you might set the vehicle in motion.
Legal Grey Areas and Court Rulings in Alberta
Case Law Examples from Alberta Courts
- R. v. Spracklin (2014, ABQB) – An accused was found asleep in the driver’s seat of a running car at a motel, grossly intoxicated. Initially convicted, the appeal court overturned the decision, ruling that the trial judge had not properly considered that the accused may not have entered the vehicle with intent to drive—as required to establish “care or control.” The presumption can be rebutted if the accused demonstrates no intention to operate the vehicle.
- R. v. Mandryk (W.J.) (2013, ABQB) – Handed down by Alberta’s Court of Queen’s Bench, this case involved a man found asleep in the reclined driver’s seat of a running vehicle after being driven to a bar. He was acquitted at trial, with the court believing his testimony that he had no intent to drive and had merely sought warmth. The Crown’s appeal was dismissed, underscoring that intention and realistic risk are decisive.
How Intent, Key Location, and Seating Position Influence Outcomes
- Intent to Drive: Alberta cases regularly centre on whether the accused intended to operate the vehicle. In both Spracklin and Mandryk, judges found no intention to drive, and acquittals followed.
- Location of the Keys: Under s. 258(1)(a) of the Criminal Code, being in the driver’s seat triggers a presumption of care or control—but it can be rebutted with credible evidence. Simply removing the keys from the ignition may not be enough; courts look to whether the keys were readily accessible, raising the risk of starting the vehicle.
- Alibi of Reasonable Risk: The Supreme Court in R. v. Boudreault emphasised that to avoid conviction, the accused must show there was no realistic risk of danger from the situation—for instance, by showing the car was inoperable or that they had arranged alternate transportation. Courts treat a vehicle used for a “manifestly innocent purpose” (like waiting for a ride) more leniently.
Sleeping in the Back Seat vs. the Driver’s Seat
- Driver’s Seat: This is deemed the most hazardous—and least defensible—position. Courts maintain that even while asleep, someone in the driver’s seat carries the means and opportunity to operate the vehicle. In such cases, unless the accused strongly rebuts the presumption, the Crown may successfully argue care or control.
- Back Seat or Passenger Area: Being positioned away from controls strengthens a defence. The further removed a person is from operating elements—especially without keys or with keys inaccessible—the more plausible it becomes that there was no real risk or intent to drive
Summary Table
| Factor | Driver’s Seat (Sleeping) | Back Seat / Keys Removed |
| Legal Presumption | Strong presumption of care or control | Presumption weakened or absent |
| Intent to Drive | Often presumed unless clearly rebutted | More likely to be convincingly rebutted |
| Accessibility of Keys | Keys close → easier Crown argument | Keys removed/distant → stronger defence |
| Realistic Risk | Higher risk → harder to disprove | Lower risk → much stronger defence |
| Typical Court Outcome | Higher chance of conviction unless strong defence | Higher chance of acquittal if facts support no risk |
Penalties for Impaired Driving in Calgary
Fines, Licence Suspensions & Potential Jail Time under Alberta Law
In Alberta—including Calgary—a variety of penalties apply, depending on the severity and frequency of the offence:
- Immediate Roadside Sanctions (IRS WARN) for BAC between 0.05–0.079 or failed sobriety testing:
- First offence: 3-day licence suspension, 3-day vehicle seizure, and a $300 fine + 20% victim surcharge
- Second offence: 15-day licence suspension, 7-day vehicle seizure, $600 + 20% surcharge, plus mandatory Crossroads or Planning Ahead education.
- Third offence: 30-day licence suspension, 7-day seizure, $1,200 + 20% surcharge, and mandatory IMPACT Program.
- IRS FAIL (BAC ≥ 0.08 or refusal/failure of testing):
- First instance: Two-stage licence suspension: 90 days total inability to drive, followed by a 12‑month interlock-enabled suspension; 30-day vehicle seizure, $1,000 fine + 20% surcharge, plus Planning Ahead course. Criminal penalties may also apply.
- Second: Similar initial 90-day block, followed by 36 months with interlock, $2,000 fine + surcharge, IMPACT Program, and 30-day seizure.
- Third: 90-day immediate block, then potentially lifetime suspension unless reinstated (possibly after 10 years), $2,000 + surcharge, and 30-day seizure.
- Administrative vs Criminal Suspensions:
- Beyond IRS, a criminal conviction under the Criminal Code typically brings further suspensions—1 year for a first offence, 3 years for a second, and 5 years for a third.
- Federally, for a first criminal-level offence, a $1,000 fine and 12-month driving prohibition is standard; repeat offences can lead to 30 days to 120 days in jail, longer prohibitions, and even up to 10 years in severe cases
Insurance Rate Impact in Calgary
A criminal conviction for impaired driving can dramatically elevate your insurance costs:
- Insurance premiums may rise by 50% to 100% or more, potentially costing you thousands per year—and these hikes can persist for 3 to 10 years, depending on your insurer and the severity of the charge.
- According to Alberta’s Insurance Rate Board:
- A single criminal code conviction can increase premiums by 300%.
- Two convictions: 450%; three: 600%+—with each extra offence compounding the surcharge.
- Convictions remain on your insurance record for four years, and continue to influence premiums for three years plus one day after the conviction date.
Criminal Record Consequences & Employment Challenges
- Criminal Record Implications:
- A DUI conviction leaves a criminal record, which may affect travel, immigration, and background checks even after insurance impact fades.
- Career and Employment Effects:
- Many employers in Alberta—including police, border services, aviation, and government—routinely review criminal records. A DUI conviction can disqualify applicants from careers in law enforcement, frontline government roles, and other positions where trust and security are essential.
- Under Alberta’s “at-will” employment framework, an employer may lawfully dismiss an employee whose DUI violates company policy or impacts job performance. This is especially true in roles involving driving, public trust, or reputational risk.
- Unionized employees may have more protection, but non-union workers are more vulnerable to termination—even for a single incident—if the offence breaches workplace rules or expectations.
Summary Table
| Consequence | Details |
| Fines | $300–$2,000+ depending on occurrence and IRS level |
| Licence Suspensions | Immediate 3–90 days (IRS) + longer provincial & criminal suspensions (1–5 years) |
| Ignition Interlock | Required for many post-IRS FAIL suspensions (12–36 months or longer) |
| Vehicle Seizure | Typically 3–30 days, depending on offence severity |
| Jail Time | From court-imposed sentences (30–120 days or more), especially for repeat offenders |
| Insurance Premiums | 300%+ increase for a criminal conviction, compounding with further offences |
| Record & Employment Impact | Criminal record may affect careers, hiring, reputation, and travel |
Safer Alternatives to Avoid Impaired Driving Charges
Using Calgary Transit, Taxis, or Rideshare Services
One of the safest and most cost-effective ways to avoid an impaired driving charge in Calgary is to use public or private transportation instead of taking the risk of driving after drinking.
- Calgary Transit: With extended service during major events such as the Calgary Stampede and New Year’s Eve, buses and CTrain lines provide affordable and reliable transportation throughout the city. A single adult fare is far cheaper than the thousands of dollars in fines and insurance hikes that follow a DUI conviction.
- Taxis: Traditional taxi services remain widely available in Calgary, particularly in downtown and nightlife districts. Stands near Stephen Avenue, 17th Avenue, and the Beltline make it easy to hail a cab at the end of the night.
- Rideshare Services: Uber and Lyft operate across Calgary and offer the convenience of booking a ride directly from your smartphone. With upfront pricing, GPS tracking, and multiple service levels, rideshare options are an easy way to ensure you get home safely.
Local Programs: Keys Please and Operation Red Nose
Calgary also benefits from volunteer-based and designated driver programs designed to get both you and your car home safely.
- Keys Please: This local service provides a driver to take you and your vehicle home. It’s especially useful if you’ve driven somewhere and later realize you shouldn’t be behind the wheel.
- Operation Red Nose: Offered seasonally, typically during the holiday season, this program uses volunteers to provide safe rides to drivers and their passengers. In Calgary, Operation Red Nose partners with local non-profits to ensure residents have a responsible alternative during one of the busiest times of the year for impaired driving arrests.
Designated Driver Options in Calgary Nightlife Districts
Calgary’s nightlife areas, such as 17th Avenue SW, Stephen Avenue, and the Beltline, are hotspots for bars, clubs, and restaurants. Choosing a designated driver is one of the simplest ways to stay safe:
- Pre-arrange a sober driver within your group before heading out for the evening.
- Many bars and clubs in these areas actively promote designated driver programs, sometimes offering free non-alcoholic drinks to those who commit to driving friends home safely.
- If a designated driver isn’t an option, using taxis or rideshare pickup points near these districts makes it easy to leave your car behind and avoid the risk of an impaired driving charge.
What to Do If You’re Charged with Impaired Driving in Calgary
Immediate Steps: Legal Representation and Your Charter Rights
If you are charged with impaired driving in Calgary—even if you were only sleeping in your car—the first and most important step is to seek immediate legal representation. Under the Canadian Charter of Rights and Freedoms, you have the right to:
- Remain silent and avoid self-incrimination.
- Speak to a lawyer without delay.
- Be informed of the reasons for your arrest and the evidence against you.
Exercising these rights from the outset ensures that your case is handled fairly and that any improper police procedures may be challenged later in court. Avoid making statements to police without first consulting with a lawyer.
How a Calgary Criminal Defence Lawyer Can Challenge “Care and Control” Evidence
The cornerstone of many impaired driving cases where the accused was not actively driving is the legal principle of “care and control.” A skilled Calgary criminal defence lawyer can challenge this evidence in several ways:
- Intent to Drive: Demonstrating that you had no intention of operating the vehicle—for example, if you had arranged alternate transportation or were using the car simply for shelter.
- Location of Keys: Arguing that the keys were not accessible or that the car could not be started, reducing the risk of the vehicle being put in motion.
- Position in the Vehicle: Showing that you were not in the driver’s seat, or that your actions did not create a realistic risk of danger.
Local lawyers often use case law from Alberta courts, such as R. v. Spracklin and R. v. Mandryk, to demonstrate that sleeping in a vehicle does not automatically equal care and control if there is no real risk of driving.
Importance of Documenting Circumstances if You Were Only Sleeping
If your impaired driving charge arises from being found asleep in your vehicle, thorough documentation can strengthen your defence:
- Take Note of Details: Where the vehicle was parked (private driveway vs. roadside), whether the engine was running, and where the keys were located.
- Witness Statements: If friends, family, or others can confirm that you had no intention to drive, their testimony can be critical.
- Proof of Alternatives: Evidence such as text messages arranging a ride, transit passes, or receipts for rideshare/taxi services can help demonstrate your intent not to operate the vehicle.
