Impaired Driving

Can You Refuse a Breathalyzer in Calgary? Legal Risks & Lawyer Insights

Khalid Akram · June 9, 2025 ·

The Law on Refusing a Breathalyzer in Canada

Overview of the Criminal Code of Canada – Section 320.15

Section 320.15 of the Criminal Code of Canada outlines that it is an offence to fail or refuse to comply with a lawful demand for a breath sample. This applies whether the demand is made at the roadside or at a police station using an Approved Instrument.

Legal Requirement to Comply with a Breath Sample Demand

If a police officer reasonably suspects you have alcohol in your body while operating a motor vehicle, they are legally permitted to demand a sample using an Approved Screening Device (ASD). Once the demand is made, compliance is mandatory. You are not allowed to delay, debate, or ignore the request—doing so is a criminal offence.

Refusal Treated the Same as an Impaired Driving Offence

Refusing to provide a breath sample is treated identically to being caught driving under the influence. In Calgary, a conviction for refusal can lead to:

A $2,000 fine for a first offence
A mandatory one-year licence suspension
A criminal record
Mandatory enrolment in Alberta’s Ignition Interlock Program

Multiple offences carry harsher penalties, including longer suspensions and potential jail time.

No Right to Consult a Lawyer Before Taking a Roadside Test (Approved Screening Device)

A common misconception is that you have the right to speak with a lawyer before blowing into a roadside screening device. Legally, you do not have that right. The courts have ruled that the immediacy of roadside testing is justified by the need to prevent impaired driving, which outweighs the temporary delay of legal counsel.

Specific Enforcement Practices in Calgary

Calgary has adopted a rigorous approach to combat impaired driving, integrating both federal mandates and provincial initiatives to ensure road safety.

Calgary Police Service’s Active DUI Enforcement under Alberta’s Immediate Roadside Sanctions (IRS) Program

Since December 2020, Alberta has implemented the Immediate Roadside Sanctions (IRS) program, allowing law enforcement officers to impose immediate administrative penalties on drivers suspected of impairment. This approach aims to streamline the process, reducing the burden on the judicial system while maintaining strict consequences for offenders.

Under the IRS program, if a driver fails or refuses to provide a breath sample, they face immediate penalties, including:

An immediate 90-day licence suspension
Vehicle seizure for up to 30 days
Mandatory participation in educational or treatment programs
Installation of an ignition interlock device upon licence reinstatement

Enhanced Roadside Testing and Mobile Checkpoints Across the City

The Calgary Police Service (CPS) has intensified its efforts by increasing the frequency of roadside checks and deploying mobile checkpoints throughout the city. These initiatives are particularly prominent during weekends and holidays when impaired driving incidents tend to rise.

Officers are equipped with Approved Screening Devices (ASDs) to conduct immediate breath tests. It’s important to note that drivers are legally obligated to comply with these tests, and refusal can lead to the same penalties as impaired driving convictions.

Local Data on Refusal Charges and Impaired Driving Statistics

In a recent enforcement campaign, the Calgary Police Service reported:

39 charges laid for failing or refusing to provide a breath sample
60 Immediate Roadside Sanctions issued for alcohol impairment

These figures highlight the city’s commitment to addressing impaired driving and the serious consequences of non-compliance.

Immediate Legal Consequences of Refusing a Breathalyzer

Criminal Charge: “Failure or Refusal to Comply with Demand”

Under Section 320.15 of the Criminal Code of Canada, refusal to comply with a lawful breath sample demand is a criminal charge. This charge appears on your permanent criminal record, much like an impaired driving conviction, and can significantly impact your employment, travel, and immigration status.

Immediate 90-Day Licence Suspension Under Alberta’s IRS

The IRS program imposes a mandatory 90-day licence suspension the moment you refuse a breathalyzer. This administrative action is automatic and separate from the court proceedings tied to the criminal charge.

Vehicle Impoundment (30 Days or More)

In addition to losing your licence, your vehicle will be impounded for 30 days. You are responsible for all towing and storage fees, which can add up to hundreds of dollars. This impoundment applies even if you are not the registered owner of the vehicle.

$2,000 Minimum Fine for First Offence

If convicted in court, a mandatory minimum fine of $2,000 is imposed for a first-time refusal offence. This is higher than the minimum fine for impaired driving alone and reflects the seriousness of failing to cooperate with police during an investigation.

Jail Time for Repeat Offenders or Aggravating Factors

Repeat offences or situations involving aggravating factors—such as causing an accident or having a child in the vehicle—can result in jail sentences. Judges may impose:

Up to 30 days in jail for a second offence
120 days or more for subsequent convictions
Even harsher penalties in cases involving injury or endangerment

Long-Term Effects of a Refusal Charge

Permanent Criminal Record Affecting Employment and Travel

A conviction for refusing a breathalyzer results in a permanent criminal record under the Criminal Code of Canada. This can:

Disqualify you from certain jobs, especially in law enforcement, healthcare, government, or financial services
Trigger background checks that negatively impact job prospects
Restrict your ability to travel internationally, particularly when applying for visas

Increased Auto Insurance Premiums or Policy Cancellation

After a refusal charge, auto insurance providers in Alberta typically label you a “high-risk” driver. As a result:

Your insurance premiums may double or triple
Some insurers may refuse to renew your policy altogether
You may need to seek coverage through high-risk providers at a significantly higher cost

Potential Denial of Entry into Countries Like the U.S.

A refusal-related criminal record may lead to inadmissibility into the United States and other countries. U.S. Customs and Border Protection officers have the authority to:

Deny you entry at the border
Require you to apply for a waiver of inadmissibility, which can be time-consuming and expensive
Flag your name in their system for future travel scrutiny

Impact on Immigration or Professional Licensing for Non-Citizens

If you are atemporary resident, permanent resident, or applicant for Canadian citizenship, a refusal conviction can:

Jeopardize your immigration status or lead to inadmissibility under the Immigration and Refugee Protection Act (IRPA)
Delay or deny citizenship applications
Affect eligibility for professional licensing in fields such as law, accounting, teaching, or medicine

Are There Any Valid Reasons to Refuse?

Medical Conditions or Physical Inability to Provide a Sample

Some individuals may genuinely be unable to provide a proper breath sample due to:

Severe respiratory issues (e.g., asthma, COPD)
Recent chest or lung surgery
Panic attacks or other acute medical emergencies

These conditions must be documented by medical professionals and may require testimony from expert witnesses in court.

Malfunctioning Device or Improper Police Procedure

If the Approved Screening Device (ASD) or breathalyzer was:

Malfunctioning
Not properly calibrated
Administered incorrectly by the officer

then the results—or the refusal—may be challenged. Police are required to follow strict protocols during roadside tests and at the police station. Any deviation can undermine the Crown’s case.

Rights Violations Under the Canadian Charter of Rights and Freedoms

Section 10(b) of the Charter guarantees your right to counsel after arrest or detention. If officers:

Deny or delay your access to a lawyer
Fail to clearly explain your rights
Ignore a request for legal advice

your refusal charge may be dismissed. However, it’s important to remember that this does not apply to roadside screening, where immediate compliance is legally required without prior consultation.

Note: These Must Be Proven in Court by a Skilled Lawyer

Even if one of the above defences applies, it’s not automatic grounds for dismissal. The burden of proof lies with the defence, and these arguments must be carefully presented by a lawyer with experience in impaired driving and refusal cases. A seasoned Calgary criminal defence lawyer can:

Gather medical or technical evidence
Cross-examine police officers
File appropriate Charter motions
Persuasively argue your case before the court

How a Calgary Criminal Defence Lawyer Can Help

Assess the Legality of the Police Demand

One of the first things your lawyer will do is review the circumstances surrounding the breathalyzer demand. They’ll evaluate whether:

The police had reasonable grounds to make the demand
Proper procedures were followed
The demand was made within legal time limits
If the demand was unlawful or improperly issued, any resulting refusal charge could be challenged or dismissed.

Investigate Whether Your Rights Were Violated

Your lawyer will also examine potential Charter violations, such as:

Unlawful detention
Denial of your right to legal counsel after arrest
Inadequate explanation of your rights
A Charter breach may result in the evidence being excluded—or the charge being stayed altogether.

Build a Defence Strategy to Reduce or Dismiss Charges

Every refusal case is unique. An experienced Calgary defence lawyer will:

Collect supporting evidence (e.g., medical records, video footage)
Question the accuracy and reliability of the testing equipment
Cross-examine police officers in court
Argue for reduced penalties or complete dismissal, especially in cases with mitigating factors

Guide Clients Through Court Appearances and IRS Appeal Process

Refusal charges trigger both criminal court proceedings and administrative penalties under Alberta’s IRS. A defence lawyer can help you:

Prepare for and represent you in court appearances
File an appeal against the IRS licence suspension and vehicle impoundment
Seek early reinstatement of driving privileges through Alberta’s Ignition Interlock Program

What To Do If You’ve Been Charged for Refusing

Here’s what you should do next:

Contact a DUI or Criminal Defence Lawyer in Calgary Immediately

Your first step should be to consult an experienced Calgary criminal defence lawyer, particularly one who specializes in impaired driving and refusal cases. A lawyer can:

Review the circumstances of your arrest
Advise you on your legal rights and options
Begin building a defence strategy right away
Time is critical, especially if you plan to appeal the Immediate Roadside Sanctions (IRS).

Preserve All Documents and Note the Details of the Incident

Keep all paperwork provided by police or SafeRoads Alberta, including:

The IRS Notice of Administrative Penalty
Court appearance dates
Conditions of release
Also, write down everything you remember about the incident—location, time, interactions with police, and whether you were informed of your rights. These details can be vital for your defence.

Comply with All Release Conditions and Court Dates

Failing to follow your release conditions—such as driving bans or mandatory court attendance—can result in further charges or revocation of bail. Be sure to:

Attend all scheduled court dates
Abide by driving suspensions or interlock conditions
Avoid any new legal trouble during your case

Consider Appealing Your Licence Suspension Through SafeRoads Alberta

If you’ve received an IRS licence suspension, you have the right to appeal through SafeRoads Alberta. A lawyer can help you:

Submit your appeal within the 7-day deadline
Gather supporting evidence
Argue procedural errors or grounds for cancellation
Note: The appeal process is entirely administrative and separate from your criminal court case.

How to Reinstate Your Licence After an Impaired Driving Suspension in Calgary

Khalid Akram · June 2, 2025 ·

Understanding Impaired Driving Suspensions in Alberta

Before you can begin the reinstatement process, it’s important to understand what type of suspension you’re facing and how long it will last.

Types of Suspensions:

Immediate Roadside Sanctions (IRS):
This is a provincial administrative penalty issued on the spot by police for impaired driving, refusal to blow, or having a blood alcohol concentration (BAC) over the legal limit. It takes effect immediately—even before a court appearance.
Court-Ordered Suspensions:
These are federal penalties resulting from a criminal conviction under the Criminal Code of Canada. If you’re found guilty in court, a longer suspension is imposed in addition to any IRS penalties you may have already received.

Suspension Duration:

The length of your suspension depends on multiple factors, including your BAC, prior convictions, and whether you refused a breath or blood test.

First Offence (IRS + Criminal):
- Minimum 90-day suspension (IRS)
- 1-year court-ordered suspension if convicted
Second Offence:
- Longer IRS penalty
- 3-year court-ordered suspension
Refusal to Provide a Sample:
- Treated as seriously as a high BAC offence
- Automatic suspensions under both IRS and Criminal Code

Steps to Reinstate Your Driver’s Licence in Calgary

Once your impaired driving suspension period has ended, you must complete several legal and administrative steps before your licence can be reinstated in Alberta. Here’s a step-by-step guide to help you understand the process in Calgary.

Serve the Full Suspension Period

Your suspension period must be fully served before any reinstatement actions can begin.

The suspension period starts from the date listed in your Notice of Suspension or court order.
You are not eligible to apply for reinstatement until the final day of the suspension has passed—even if other conditions have already been completed.

This waiting period varies depending on whether the suspension was issued under Alberta’s Immediate Roadside Sanctions (IRS) or from a criminal conviction under the Criminal Code of Canada.

Complete All Reinstatement Conditions

Once your suspension period is over, you must meet all the conditions required by Alberta Transportation or the court.

Pay all outstanding fines and penalties related to your impaired driving offence.
Complete required programs, such as:
- Planning Ahead (for first-time offenders)
- IMPACT (Impacts of Impaired Driving) (for repeat offenders)
Install an Ignition Interlock Device if ordered by the court or required for early reinstatement.

Participation in the Ignition Interlock Program may allow some drivers to regain limited driving privileges before the full suspension ends, but eligibility must be confirmed through Alberta Transportation.

Obtain the Required Paperwork

Before visiting a registry, make sure you have all the necessary documents in hand.

You may need a Reinstatement Authorization Letter, available from Alberta Transportation once all other conditions are confirmed.
Bring valid government-issued photo ID.
Ensure you have proof of course completion and, if applicable, proof of Ignition Interlock installation.

It’s a good idea to contact your local Registry Agent beforehand to confirm what documents are required for your specific case.

Visit an Alberta Registry Agent

The final step is to visit any Alberta Registry Agent in Calgary to complete your reinstatement.

Submit your documents, including your Reinstatement Letter (if applicable), ID, and proof of program completion.
Pay all applicable fees, including reinstatement and driver’s licence fees.
You may be required to take:
- A vision test
- A knowledge test
- A road test, especially if your licence has been expired or suspended for an extended period

Your Class 5 driver’s licence may be issued the same day if all requirements are met and your status is cleared by Alberta Transportation.

Special Cases and Additional Considerations

Suspensions Over One Year

If your licence has been suspended for more than 12 months, Alberta Transportation may require you to undergo driver retesting before reinstatement.

This typically includes a knowledge test and vision screening.
In some cases, a road test may also be required to ensure you are still competent behind the wheel.

Being prepared for this retesting can help prevent delays during your reinstatement process.

Suspensions Over Three Years

If your driver’s licence has been suspended for three years or longer, you may be required to restart the licensing process from the beginning.

This means applying as if you are a new driver in Alberta:
- Passing the Class 7 knowledge test
- Completing a graduated licencing program, depending on your age and driving history
You may lose any previous licensing class upgrades (e.g., Class 1 or 3) unless you meet all renewal requirements

This is especially important for commercial drivers or those whose livelihood depends on their licence status.

Restricted Driver’s Licence (Ignition Interlock Program)

For some drivers, early reinstatement may be possible through Alberta’s Ignition Interlock Program.

This restricted licence allows you to drive a vehicle equipped with an approved ignition interlock device, which requires a breath test before the engine will start.
Eligibility for this program depends on:
- The nature and severity of the offence
- Completion of any required education or treatment programs
- Legal approval through Alberta Transportation and/or the court

If approved, you may be able to drive under strict conditions even before your full suspension period ends. A Calgary criminal defence lawyer can help you apply for this program and ensure all conditions are met.

The Role of a Calgary DUI or Criminal Defence Lawyer

Explaining Your Rights and Reinstatement Conditions

A qualified lawyer can help you fully understand your legal rights following a suspension. They will also:

Clarify your obligations under the Criminal Code of Canada and Alberta’s Immediate Roadside Sanctions (IRS) program
Ensure that you know what courses, documents, and fees are required before you can apply for reinstatement
Guide you through legal terminology and prevent mistakes that could delay your application

Assisting with Appeals and IRS Reviews

If you believe your suspension was issued in error or if your Charter rights were violated, a defence lawyer can help you appeal the decision.

You may be able to request a review of your IRS penalty through SafeRoads Alberta
For criminal convictions, a lawyer can assist with appealing the verdict or sentence through the Alberta Court of Appeal
Legal counsel will help ensure that deadlines are met and your appeal is supported by strong arguments and evidence

Negotiating Participation in the Ignition Interlock Program

A defence lawyer can assist in negotiating early reinstatement through the Ignition Interlock Program, if you are eligible.

They’ll ensure all application requirements are met, including documentation and proof of education course completion
A lawyer can also communicate with the court or prosecutor’s office to support your request for participation in the program
This can be especially helpful for individuals who rely on driving for work, school, or family obligations

Ensuring Legal Compliance and Avoiding Further Penalties

Failure to follow the proper steps during the reinstatement process could lead to additional legal trouble, including fines, extended suspensions, or even new criminal charges.

Your lawyer will ensure your paperwork, timelines, and legal obligations are properly managed
They will also advise you on how to stay compliant with interlock conditions, court orders, and registry requirements to protect your driving privileges going forward

Impact on Insurance and Driving Record

Higher Insurance Rates After Impaired Driving

An impaired driving conviction will significantly increase your auto insurance premiums.

Most insurance providers in Alberta will classify you as a “high-risk” driver
Your premiums can double or even triple, depending on your insurer and driving history
Some providers may cancel your policy altogether, requiring you to obtain coverage through facility insurance—which is often far more expensive

Expect these higher rates to last for at least three to five years after your conviction.

Long-Term Effect on Driving Record

Impaired driving convictions remain on your Alberta driving record for several years.

In most cases, the conviction stays visible for 10 years under the Alberta Traffic Safety Act
This record can impact not just your insurance rates, but also employment opportunities that require a clean driving history
Commercial drivers and those with specialized licences (Class 1, 3, etc.) may face licensing restrictions or additional monitoring

A permanent criminal record may also affect your ability to travel internationally, particularly to the United States.

The Importance of Driving Responsibly Post-Reinstatement

Once your licence is reinstated, it’s crucial to avoid repeat offences.

A second impaired driving charge will carry even more severe penalties, including longer suspensions, mandatory jail time, and extended interlock periods
Practising safe and sober driving not only protects you legally but also helps rebuild your driving record over time
Consider using designated drivers, ride-share services, or public transit when consuming alcohol

Being proactive and responsible post-reinstatement will reduce your risk of further legal trouble and may eventually help lower your insurance rates.

What to Do if You’re Arrested for Drunk Driving in Calgary

Khalid Akram · March 28, 2025 ·

Arrested for Drunk Driving in Calgary?

If you’re facing a drunk driving charge in Calgary, it’s important to know that both provincial and federal laws govern impaired driving offences in Alberta.

Legal Blood Alcohol Concentration (BAC) Limit

The legal BAC limit in Alberta is 0.08, in accordance with the federal Criminal Code of Canada. Driving with a BAC over this threshold is considered a criminal offence and can lead to serious legal consequences, including a criminal record, fines, and possible jail time.

Administrative Licence Suspensions at 0.05 BAC

In Alberta, administrative penalties can apply even if your BAC is below the criminal threshold. At 0.05 BAC or higher, you may face:

Immediate 72-hour licence suspension for a first offence
Mandatory education courses or ignition interlock programs for repeat violations
Vehicle seizures or fines under provincial regulations

This administrative consequence is part of Alberta’s effort to reduce alcohol-related crashes and is separate from any criminal charges you may face.

Immediate Roadside Sanctions (IRS)

Under Alberta’s SafeRoads Alberta program, drivers suspected of impaired driving may be issued Immediate Roadside Sanctions (IRS). These administrative penalties apply without a criminal conviction and can include:

Immediate 90-day licence suspension
Vehicle seizure for 30 days
Monetary fines and escalating penalties for repeat offences
Mandatory Ignition Interlock Program participation

The IRS system is meant to provide swift penalties while reducing the burden on the criminal justice system. However, it can still have a major impact on your personal and professional life.

Differences Between Federal and Provincial Charges

Federal Charges: Criminal charges under the Criminal Code, such as operating a motor vehicle while impaired or refusing to provide a breath sample.
Provincial Offences: Administrative penalties, such as those issued under the Traffic Safety Act or through the SafeRoads Alberta program.

In many cases, an individual can face both criminal and administrative consequences simultaneously.

Remain Calm and Compliant During the Arrest

Being arrested can be a stressful and emotional experience, but how you conduct yourself during the arrest can significantly affect your case. If you’re stopped by members of the Calgary Police Service on suspicion of impaired driving, it’s essential to remain calm and follow these steps:

Cooperate with Calgary Police Service Officers

Always treat officers with respect. Cooperating does not mean admitting guilt—it simply shows that you’re not being combative. Officers are trained to assess your behaviour during the stop, and remaining respectful can prevent further complications.

Provide Requested Identification

When requested, you must provide your driver’s licence, vehicle registration, and proof of insurance. Refusing to identify yourself may lead to additional charges under Alberta’s Traffic Safety Act or delays in processing.

Understand Your Right to Remain Silent

Under the Canadian Charter of Rights and Freedoms, you have the right to remain silent. You are not obligated to answer questions beyond identifying yourself. Politely decline to answer any further questions until you have spoken with a Calgarycriminal defence lawyer.

Do Not Argue or Resist Arrest

Even if you believe the stop is unjustified, do not argue, resist, or become aggressive. Resisting arrest can result in separate criminal charges, such as obstruction of justice or assaulting a peace officer, which can worsen your legal situation. Remaining composed helps protect your rights and preserves your defence options later on.

Know Your Rights Upon Arrest

Right to Consult a Lawyer Immediately – Section 10(b) of the Charter

Under Section 10(b) of the Canadian Charter of Rights and Freedoms, you have the right to retain and instruct legal counsel without delay. This means that as soon as you’re arrested or detained, you can request to speak with a Calgary DUI lawyer. Police must give you a reasonable opportunity to do so before proceeding with further questioning or testing.

Right to Be Informed of the Reason for Your Arrest

The arresting officer is required to clearly inform you why you are being arrested. Whether it’s for operating a vehicle while impaired, refusing a breath test, or another offence, you must be told the specific reason. If this right is violated, your lawyer may be able to challenge the legality of the arrest.

Right to Remain Silent – Protect Yourself from Self-Incrimination

You are not obligated to answer police questions beyond identifying yourself. Exercising your right to remain silent can help you avoid making statements that could be used against you later in court. Even seemingly harmless comments can be taken out of context, so it’s wise to say as little as possible until you’ve consulted with legal counsel.

Requesting a Calgary DUI Lawyer Before Speaking

Do not engage in any conversation with police about your case until you’ve spoken with a criminal defence lawyer who has experience with DUI charges in Calgary. Politely but firmly request legal counsel, and wait until you’ve had a confidential conversation with your lawyer before answering any further questions or consenting to additional testing.

What Happens After the Arrest

After you’ve been arrested for impaired driving in Calgary, you’ll enter the post-arrest phase, which involves a combination of administrative penalties and possible criminal proceedings. Understanding what happens next can help you prepare and respond appropriately with the assistance of a criminal defence lawyer.

Detainment and Possible Release with Conditions

Following your arrest, you may be taken to a Calgary Police Service detachment for further processing. Depending on the circumstances—such as your level of impairment, prior record, or cooperation—you could be:

Released at the scene with conditions, or
Held in custody until you are sober and deemed fit for release.

In many cases, release is conditional on agreeing not to drive, attend court, or follow other restrictions until your case is resolved.

Vehicle Impoundment (Typically 30 Days for First Offence)

For most first-time impaired driving offences in Alberta, your vehicle will be impounded for 30 days under the Immediate Roadside Sanctions (IRS) program. You are responsible for all towing and impound fees, and early release is typically not permitted—even if the vehicle is registered to someone else.

Immediate Roadside Sanctions and Licence Suspension

Even without a criminal conviction, Alberta’s SafeRoads Alberta program can issue serious administrative penalties, including:

90-day immediate licence suspension
Vehicle seizure for 30 days
Mandatory Ignition Interlock Program enrolment for reinstating your driving privileges
Substantial fines and penalties, which increase for repeat offences

These sanctions are issued administratively, meaning they occur quickly and outside of the court process—though you have a right to appeal through SafeRoads Alberta.

Receiving a Court Date or Notice of Administrative Penalty

Depending on the circumstances of your arrest, you will either receive:

A court date if you are facing Criminal Code charges, or
A Notice of Administrative Penalty (NAP) if your case is being handled administratively through the IRS process.

It’s important to review these documents carefully and act quickly—there are strict deadlines to file an appeal or prepare for court. Your Calgary criminal defence lawyer can help you navigate this process and determine your best course of action.

Contact a Calgary criminal defence lawyer

One of the most important steps you can take after being arrested for drunk driving is to contact a Calgary criminal defence lawyer as soon as possible.

Why It’s Critical to Hire a Local Calgary Impaired Driving Lawyer

A lawyer who practises in Calgary will be familiar with the local legal landscape, including Calgary Police Service procedures, provincial court judges, and local Crown prosecutors. This familiarity allows them to tailor your defence strategy based on local practices and precedents, giving you a stronger chance of a favourable outcome.

Benefits of Early Legal Representation

Securing a lawyer early in the process ensures that your rights are protected from the outset. Early intervention allows your lawyer to:

Review the details of your arrest
Advise you on how to deal with police and prosecutors
File timely appeals or motions to challenge penalties or evidence
Begin preparing a defence strategy right away

The sooner you involve a Calgary criminal defence lawyer, the more options you may have for resolving your case effectively.

How a Lawyer Can Help Challenge Evidence or Negotiate Reduced Penalties

Impaired driving charges often rely on technical evidence, such as breathalyzer readings, field sobriety tests, and officer observations. A skilled DUI lawyer can:

Challenge the legality of the traffic stop or arrest
Question the accuracy of testing equipment or procedures
Identify violations of your Charter rights
Negotiate for reduced charges or penalties, such as conditional discharges or alternative programs

DUI Lawyers’ Experience with Calgary Courts and SafeRoads Alberta Appeals

Experienced DUI lawyers in Calgary understand both the criminal court processand Alberta’s administrative appeal process through SafeRoads Alberta. If you’ve received an Immediate Roadside Sanction, your lawyer can file a formal appeal and represent you during the hearing.

Having a lawyer who regularly appears before local judges and tribunals gives you the advantage of someone who knows how to navigate the system efficiently and advocate effectively on your behalf.

Understand the Possible Consequences

It’s essential to understand what’s at stake so you can take proactive steps with the help of a Calgary criminal defence lawyer.

Criminal Record and Its Long-Term Impact

A conviction under the Criminal Code of Canada for impaired driving results in a permanent criminal record. This can impact:

Employment opportunities (especially jobs requiring driving, security clearance, or background checks)
Volunteer work
Applications for rental housing or professional licensing

A criminal record can be difficult to remove and may follow you for years, even after you’ve completed your sentence.

Licence Suspension (90 Days to 1 Year or More)

Drivers charged under Alberta’s Immediate Roadside Sanctions (IRS) program face an immediate 90-day suspension, followed by interlock conditions for up to one year. A criminal conviction can lead to even longer suspensions, particularly for repeat offenders or aggravated circumstances (e.g. injury, child in the vehicle).

Mandatory Ignition Interlock Program

To regain driving privileges after a suspension, you’ll likely be required to participate in Alberta’s Ignition Interlock Program. This involves installing a breathalyzer device in your vehicle that prevents it from starting if alcohol is detected. The program is:

Mandatory for many first-time and all repeat offenders
At your own cost, including installation, monthly fees, and removal
A condition for licence reinstatement

Insurance Rate Increase (or Cancellation)

Following an impaired driving charge, expect your auto insurance premiums to skyrocket. Many drivers see rates double or triple, and some insurers may even choose to cancel your policy outright. High-risk insurance coverage is available but can be financially burdensome for several years.

Employment and Travel Limitations (Especially to the U.S.)

A criminal record for impaired driving can limit your ability to travel internationally, particularly to the United States. U.S. border agents have access to Canadian criminal records and may deny entry to individuals with a DUI conviction. Additionally, your record may affect:

Your ability to apply for certain work visas or study permits
Employment in industries such as transportation, government, or healthcare

Impaired Driving Laws for New Drivers in Calgary

Khalid Akram · February 28, 2025 ·

Understanding Alberta’s Graduated Driver Licensing (GDL) System

What is the GDL System?

The Graduated Driver Licensing (GDL) system in Alberta is designed to reduce the risks associated with new and inexperienced drivers. This structured program introduces driving privileges in phases, ensuring that new drivers gain essential skills before receiving a full, unrestricted licence.

The GDL system has two key stages:

Learner’s Licence (Class 7) – The initial stage where new drivers must drive under strict supervision.
Probationary Licence (Class 5-GDL) – The second phase, where drivers can operate a vehicle independently but remain under restrictions until they qualify for a full Class 5 licence.

Different Stages of GDL and Their Impact on Impaired Driving Laws

Stage 1: Learner’s Licence (Class 7)

To obtain a Class 7 Learner’s Licence, an applicant must be at least 14 years old and pass a knowledge test on road signs and traffic laws. They must always drive with a fully licensed Class 5 driver (non-GDL) aged 18 or older in the passenger seat.

Impaired Driving Rules for Class 7 Drivers:

Zero-tolerance policy for alcohol and drugs – Learner drivers must maintain a 0.00% blood alcohol concentration (BAC) at all times.
No cannabis or drug impairment – Even prescription drugs that impair cognitive function can lead to severe penalties.
Supervised driving only – Since a fully licensed adult must be present in the vehicle, impairment on the part of either driver can lead to legal consequences.

Penalties for violating impaired driving laws as a Class 7 driver may include:

Immediate licence suspension
Significant fines and fees
Requirement to complete an impaired driving course
Extended probationary period before advancing to a Class 5 licence

Stage 2: Probationary Licence (Class 5-GDL)

The second stage of the GDL system allows new drivers more independence. To qualify for a Class 5-GDL Licence, a driver must:

Be at least 16 years old
Have held a Class 7 Licence for at least one year
Pass the basic road test

Class 5-GDL drivers can drive unsupervised but must still adhere to GDL restrictions.

Impaired Driving Rules for Class 5-GDL Drivers:

Zero alcohol or drug tolerance – Like Class 7 drivers, GDL drivers cannot have any alcohol or drugs in their system while operating a vehicle.
No cannabis consumption – Any detectable amount of THC (the psychoactive component in cannabis) in the driver’s system is illegal.
Immediate penalties for impairment – Even a BAC under 0.08% (the legal limit for full licence holders) can result in immediate licence suspension.

If a Class 5-GDL driver is caught driving under the influence, they may face:

Immediate 30-day licence suspension
$200 fine and demerit points
Possible vehicle impoundment
Mandatory participation in an educational program
Extended GDL period, delaying eligibility for a full licence

How GDL Rules Apply to Impaired Driving

Calgary’s roads are heavily monitored, with Checkstop programs and roadside impairment tests being routine. The Alberta government enforces strict impaired driving laws for all drivers, but new drivers face additional consequences under the GDL program.

Mandatory Zero-Tolerance Policy – Unlike fully licensed drivers who are subject to 0.08% BAC limits, GDL drivers must have 0.00% BAC and THC in their system at all times.
Licence Suspension & Extended Probation – A single impaired driving offence under the GDL program could add years to the process of obtaining a full licence.
Ineligibility for Full Licence Advancement – If a GDL driver is caught driving impaired, they must wait an additional year before applying for their full Class 5 licence.
Increased Insurance Premiums – Insurance providers in Calgary often impose higher premiums on new drivers. A DUI charge can lead to significant rate increases or even policy cancellation.

Zero-Tolerance Policy for New Drivers in Calgary

Alberta enforces a strict zero-tolerance policy for impaired driving among new drivers, particularly those under the Graduated Driver Licensing (GDL) program. This means that any presence of alcohol, cannabis, or other impairing substances in a new driver’s system can lead to severe penalties.

Alcohol: New Drivers Must Maintain a BAC of 0.00

Unlike fully licenced drivers, new drivers under the GDL program (Class 7 and Class 5-GDL) must maintain a Blood Alcohol Concentration (BAC) of 0.00% at all times while driving. Even a small amount of alcohol in their system can result in an immediate licence suspension, fines, and possible legal consequences.

Cannabis and Other Drugs: No Detectable Levels Allowed

In addition to a zero BAC policy, GDL drivers must also have zero tolerance for THC (tetrahydrocannabinol), cocaine, methamphetamines, and other impairing substances. Roadside saliva tests can detect THC levels, and if a GDL driver is found with any trace of cannabis or other drugs in their system, they face immediate penalties.

💡 Key Points for GDL Drivers:

No alcohol, no exceptions – Even residual amounts in the system can result in legal action.
No cannabis or other impairing substances – Unlike some fully licenced drivers who can have small legal THC limits, GDL drivers must maintain a 0.00 tolerance level.
Random roadside testing – Calgary police regularly conduct Checkstop programs, increasing the likelihood of being tested for impairment.

Comparison with Fully Licenced Drivers (Class 5 Non-GDL) and Their Legal Limits

Once a driver exits the GDL program and obtains a full Class 5 licence, they are subject to different impaired driving laws:

Licence Type	Legal BAC Limit	Legal THC Limit	Consequences for Exceeding Limits
GDL (Class 7 & Class 5-GDL)	0.00%	0.00 ng/mL THC	Immediate licence suspension, fines, extended GDL period
Fully Licenced (Class 5 Non-GDL)	0.08% BAC legal limit (Administrative penalties start at 0.05% BAC)	2 ng/mL – 5 ng/mL THC = Fine; 5 ng/mL+ THC = Criminal charge	Possible licence suspension, fines, criminal charges for high levels

How Impaired Driving Is Enforced for GDL Drivers

Roadside Breath and Drug Tests: How Calgary Police Determine Impairment

Calgary police regularly conduct Checkstop programs at various locations, particularly on weekends and holidays, to catch impaired drivers. When a GDL driver is stopped, officers will assess signs of impairment, including:
✅ Slurred speech
✅ Bloodshot eyes
✅ Delayed reaction time
✅ The smell of alcohol or cannabis in the vehicle

If a driver shows any signs of impairment, officers can demand a breath test or an oral fluid screening to confirm alcohol or drug use.

Oral Fluid Screening for Drugs: THC and Drug Testing Procedures

Since cannabis legalization in Canada, Alberta has implemented strict roadside drug testing measures. Calgary police use oral fluid screening devices to detect THC and other drugs in a driver’s system.

💡 How It Works:

The driver provides a saliva sample using a roadside screening device.
The device analyzes the sample and indicates whether THC, cocaine, methamphetamines, or opioids are present.
If the test is positive, the driver is taken to a police station for further testing, including a blood test to determine exact THC levels.

For GDL drivers, any detectable THC level is a violation—there is zero tolerance. Even if a GDL driver legally consumed cannabis hours earlier, residual THC in their system can result in penalties.

Field Sobriety and Drug Recognition Evaluations (DREs): How Police Assess Impairment

When breath or saliva tests are inconclusive, Calgary police can perform Field Sobriety Tests or call in a Drug Recognition Expert (DRE) for further evaluation.

🚔 Field Sobriety Tests (FSTs) Include:

Walk-and-turn test – The driver walks in a straight line and turns on command.
One-leg stand – The driver balances on one foot while following instructions.
Horizontal gaze nystagmus (HGN) test – The officer observes the driver’s eye movements for signs of impairment.

If the officer suspects drug impairment, the driver may be taken to a police station for a Drug Recognition Evaluation (DRE), which includes:
🔹 Medical assessment (blood pressure, pulse, and pupil dilation check)
🔹 Breathalyzer to rule out alcohol impairment
🔹 Coordination and balance tests
🔹 A blood or urine test to confirm drug presence

Penalties for New Drivers Charged with Impaired Driving in Calgary

Immediate Roadside Sanctions (IRS): Consequences of a First Offence

Under Alberta’s Immediate Roadside Sanctions (IRS) program, police officers can issue immediate administrative penalties if they determine that a driver is impaired. This applies even if the driver’s blood alcohol concentration (BAC) is below the legal limit for fully licenced drivers.

🚨 For a first offence under the IRS program, a GDL driver faces:

✅ 30-day immediate licence suspension (cannot drive under any circumstances)
✅ 7-day vehicle impoundment (driver must pay towing and storage fees)
✅ $200 fine + victim surcharge
✅ Requirement to complete a mandatory impaired driving education course

The zero-tolerance policy for GDL drivers means that even a small amount of alcohol or drugs in their system triggers these penalties.

Licence Suspensions for Impaired Driving

Immediate 30-Day Suspension for First-Time Offence

The moment a police officer confirms impairment, the GDL driver’s licence is suspended for 30 days. During this period, they cannot legally drive, and they must arrange for alternative transportation.

Potential Long-Term Licence Revocation and Restart of the GDL Program

If a new driver is convicted of impaired driving, they may face longer suspensions and be required to restart the entire GDL program. This means:

⚠️ Extended probationary period before obtaining a full licence
⚠️ Possible requirement to retake road and knowledge tests
⚠️ Higher insurance rates for years to come

For repeat offences, a GDL driver may be permanently banned from obtaining a full Class 5 licence.

Fines and Vehicle Impoundment

How Much Are New Drivers Fined for Impaired Driving?

GDL drivers who violate Alberta’s zero-tolerance rule for alcohol or drugs face increasing fines based on the severity of the offence:

Offence Type	Fine Amount	Additional Penalties
First Offence (BAC over 0.00% but under 0.08%)	$200 + victim surcharge	30-day licence suspension, 7-day vehicle impoundment, mandatory education course
Second Offence (Repeat impaired driving within 10 years)	$500 + victim surcharge	90-day suspension, 30-day vehicle impoundment, interlock device required
Third Offence (Multiple impaired driving violations)	$1,000 + victim surcharge	Licence revocation, criminal charges, court appearance

🚔 When and for How Long Can Vehicles Be Impounded?

First offence: 7-day vehicle impoundment
Second offence: 30-day vehicle impoundment
Third offence: 60-day vehicle impoundment

Drivers are responsible for all towing and storage fees, which can amount to hundreds of dollars.

Criminal Charges for Impaired Driving

Difference Between Administrative Penalties and Criminal Impaired Driving Charges

Immediate Roadside Sanctions (IRS) – These are administrative penalties issued by police at the roadside. While they do not lead to a criminal record, they can significantly affect insurance rates and driving privileges.
Criminal Charges – If a GDL driver has a BAC over 0.08% or is severely impaired, they may face criminal charges under the Criminal Code of Canada.

Long-Term Impact of a Criminal Record for New Drivers

If convicted of criminal impaired driving, a GDL driver could face:
🚨 A criminal record that affects future employment and travel opportunities
🚨 A minimum fine of $1,000 for a first offence
🚨 Mandatory ignition interlock device installed in their vehicle
🚨 Possible jail time for repeat offences
🚨 Severe insurance premium increases or cancellation

A criminal impaired driving conviction can stay on a person’s record for at least 10 years, making it difficult to get jobs, travel to the U.S., or even rent vehicles.

How an Impaired Driving Charge Affects a New Driver’s Future

An impaired driving charge can have severe and long-lasting consequences for new drivers in Calgary, affecting their ability to get a full Class 5 licence, increasing insurance costs, and limiting travel and employment opportunities.

Impact on Getting a Full Class 5 Licence

A Graduated Driver Licensing (GDL) driver who receives an impaired driving charge faces significant delays in obtaining a full Class 5 licence.

⚠️ Immediate Consequences for GDL Drivers:

Automatic licence suspension (minimum 30 days for a first offence)
Extended probationary period – New drivers must maintain a clean record for at least one year before applying for a full licence. An impaired driving charge resets this period.
Possible requirement to retake driving tests – Drivers may need to pass both knowledge and road tests again before advancing to a full licence.

In severe cases, a GDL driver may be permanently disqualified from obtaining a full Class 5 licence, forcing them to restart the entire process from Class 7.

Insurance Consequences

One of the biggest financial impacts of an impaired driving charge comes from increased insurance rates.

Increased Insurance Rates After an Impaired Driving Conviction

🚗 Standard insurance rates for new drivers in Calgary are already high, but an impaired driving conviction makes things even worse.

After a first-time impaired driving charge, a driver’s insurance premium can increase by 100-300%.
Some insurers may refuse coverage, forcing drivers to obtain high-risk insurance, which can cost thousands of dollars per year.
Multiple impaired driving convictions may result in total loss of coverage from private insurance providers.

How Long a Conviction Stays on a Driving Record

⏳ In Alberta, an impaired driving conviction:

Remains on a driver’s record for at least 10 years.
Affects insurance rates for a minimum of 3-5 years.
May be visible to future employers who request a driver’s abstract.

Even if a driver completes rehabilitation programs or pays off fines, the conviction can still impact their driving history for a decade.

Travel and Employment Restrictions

An impaired driving conviction can limit career opportunities and international travel, especially for jobs that require a clean driving record.

Difficulty in Getting Certain Jobs That Require a Clean Driving Record

🚔 Many Calgary employers conduct background checks, and an impaired driving conviction can make it difficult to secure jobs in industries that require driving, such as:

Commercial trucking (Class 1 and Class 3 licences)
Delivery services (Uber, Lyft, SkipTheDishes, Amazon Flex)
Public sector jobs (police, emergency services, government positions)
Construction or trades requiring a valid driver’s licence

Some insurance companies refuse to cover commercial drivers with an impaired driving charge, making it nearly impossible to get a job in fields that rely on driving company vehicles.

Problems Travelling to the United States with an Impaired Driving Conviction

🌎 A DUI (Driving Under the Influence) conviction is considered a criminal offence in Canada and the U.S. This means:

The United States can deny entry to travellers with a DUI on their record.
A person may need to apply for a U.S. Entry Waiver, which is expensive and time-consuming.
Even if a person has no further convictions, they may be permanently ineligible for visa-free travel to the U.S. under the Visa Waiver Program.

Defences for New Drivers Accused of Impaired Driving in Calgary

Below are some common defences for new drivers facing impaired driving charges:

Challenging Roadside Test Accuracy

Alberta police use roadside breathalyzers and oral fluid drug tests to detect alcohol and cannabis impairment. However, these tests are not always 100% accurate, and false readings can occur due to:

🚨 Breathalyzer Calibration Issues – If the device is not properly maintained or calibrated, it can produce inaccurate blood alcohol concentration (BAC) results.
🚨 Mouth Alcohol Contamination – Using mouthwash, breath sprays, or certain medications can cause false positives in a breathalyzer test.
🚨 Residual THC in Saliva – Cannabis remains in the body for days or weeks, meaning a positive test does not always prove impairment at the time of driving.

A defence lawyer can request maintenance records for the testing device or challenge the scientific reliability of the test results in court.

Legal Defences for Prescription Medications and False Positives

Not all positive drug tests indicate illegal substance use. Some prescription and over-the-counter medications can lead to false positives on a roadside drug test.

💊 Common Medications That May Cause False Positives:
✔️ Cold medications (some contain alcohol or ingredients that mimic illegal drugs)
✔️ Antidepressants and anxiety medications
✔️ Pain relievers and muscle relaxants
✔️ ADHD medications (such as Ritalin and Adderall)

If a new driver is legally prescribed medication that caused the test result, their lawyer can provide medical records and expert testimony to prove that they were not impaired.

Errors in Police Procedures and Charter Rights Violations

Every driver in Calgary has legal rights under the Canadian Charter of Rights and Freedoms. If the police fail to follow proper legal procedures, a defence lawyer may be able to have the charges reduced or dismissed.

⚠️ Common Police Errors That Can Lead to a Defence:
✔️ Failure to Read the Driver’s Rights – If police do not inform the driver of their right to legal counsel, the evidence may be thrown out.
✔️ No Reasonable Grounds for a Stop – Police must have a valid reason to pull over a vehicle (Checkstop programs are an exception).
✔️ Improper Administration of Field Sobriety Tests – If the officer was not properly trained to conduct drug recognition evaluations (DREs), the test results may be invalid.
✔️ Unlawful Search and Seizure – If police searched the driver’s vehicle without a valid reason or warrant, any evidence found may be dismissed.

A strong DUI lawyer will analyze police reports, body camera footage, and witness statements to determine if procedural errors were made.

Importance of Hiring a Calgary Criminal Defence Lawyer

🚔 Why You Need a Lawyer if Charged with Impaired Driving:

GDL penalties are severe – New drivers face a zero-tolerance policy and risk licence suspension, fines, and criminal records.
A lawyer can negotiate – An experienced Calgary impaired driving lawyer may be able to reduce penalties or have the charges dismissed.
Challenging evidence – Lawyers can question the accuracy of tests, police errors, and procedural violations.
Avoiding long-term consequences – A criminal record can affect employment, insurance rates, and travel, so fighting the charge is critical.