Akram Law

Certified Criminal Lawyer

Impaired Driving

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

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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

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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:

  1. Learner’s Licence (Class 7) – The initial stage where new drivers must drive under strict supervision.
  2. 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.

  1. 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.
  2. Licence Suspension & Extended Probation – A single impaired driving offence under the GDL program could add years to the process of obtaining a full licence.
  3. 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.
  4. 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 TypeLegal BAC LimitLegal THC LimitConsequences for Exceeding Limits
GDL (Class 7 & Class 5-GDL)0.00%0.00 ng/mL THCImmediate 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 chargePossible 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:

  1. The driver provides a saliva sample using a roadside screening device.
  2. The device analyzes the sample and indicates whether THC, cocaine, methamphetamines, or opioids are present.
  3. 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 TypeFine AmountAdditional Penalties
First Offence (BAC over 0.00% but under 0.08%)$200 + victim surcharge30-day licence suspension, 7-day vehicle impoundment, mandatory education course
Second Offence (Repeat impaired driving within 10 years)$500 + victim surcharge90-day suspension, 30-day vehicle impoundment, interlock device required
Third Offence (Multiple impaired driving violations)$1,000 + victim surchargeLicence 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.

Impaired Driving and Commercial Drivers in Calgary

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Understanding Impaired Driving Laws for Commercial Drivers in Calgary

Legal Limits for Blood Alcohol Concentration (BAC) and Drug Impairment

In Canada, the Criminal Code sets clear limits for Blood Alcohol Concentration (BAC) and drug impairment for all drivers, including those operating commercial vehicles. However, commercial drivers in Alberta face even more stringent restrictions:

  • Federal BAC Limit: A BAC of 0.08% (80 mg of alcohol per 100 mL of blood) is considered criminal impairment for all drivers.
  • Alberta’s Administrative BAC Limit: For private drivers, a BAC between 0.05% and 0.079% can result in provincial penalties under Alberta’s Immediate Roadside Sanctions (IRS) program.
  • Commercial Driver BAC Limit: Zero-tolerance policy applies to commercial drivers operating under a Class 1, 2, or 4 licence. This means that any detectable level of alcohol or drugs in their system while on duty can lead to immediate sanctions.

Zero-Tolerance Policy for Commercial Drivers – How It Differs from Private Drivers

Alberta enforces a zero-tolerance policy for commercial drivers, which differs from private motorists who are permitted a BAC of up to 0.049% before facing administrative penalties. Under the zero-tolerance rule:

  • A commercial driver found with any trace of alcohol or drugs in their system can face immediate roadside penalties and possible criminal charges.
  • Mandatory drug and alcohol testing can be required for commercial drivers in regulated industries, such as trucking and passenger transportation, under federal laws.
  • Violations can lead to suspension of commercial driving privileges, which can affect employment and licensing.

Relevant Laws Under the Criminal Code of Canada and Alberta’s Immediate Roadside Sanctions (IRS) Program

Commercial drivers in Calgary must comply with both federal and provincial laws related to impaired driving. The Criminal Code of Canada and Alberta’s Immediate Roadside Sanctions (IRS) program impose serious consequences for violations:

Criminal Code of Canada (Federal Law)

  • A BAC of 0.08% or higher is a criminal offence, leading to arrest, fines, and potential jail time.
  • Drug impairment (based on blood tests showing THC levels exceeding 2 ng/ml) is also a criminal offence.
  • Refusing a roadside test is an offence with penalties equivalent to failing a test.

Alberta’s Immediate Roadside Sanctions (IRS) Program

  • Alberta enforces immediate penalties for impaired driving under its IRS program.
  • A commercial driver caught with any alcohol or drugs in their system can face:
    • Immediate licence suspension (varies by offence severity).
    • Fines and vehicle impoundment (for repeat offences).
    • Mandatory education programs before reinstating a licence.

How Impaired Driving Is Detected for Commercial Drivers in Calgary

Roadside Screening and Breathalyzer Tests: How Police Assess Alcohol Impairment

One of the most common methods used by Calgary police to detect alcohol impairment is the Approved Screening Device (ASD), also known as a roadside breathalyzer. The process typically follows these steps:

  1. Traffic Stop & Initial Observation: Officers may pull over a commercial driver for erratic driving, speeding, or at random roadside check stops conducted throughout Alberta.
  2. Standard Field Observations: Officers will assess speech, coordination, odour of alcohol, and other visible signs of impairment before requesting a breath test.
  3. Approved Screening Device (ASD) Test:
    • The driver blows into the device, which provides a pass, warn, or fail result.
    • A “warn” (BAC 0.05% – 0.079%) leads to immediate penalties for private drivers, but for commercial drivers, any detectable alcohol level results in an immediate suspension due to the zero-tolerance policy.
    • A “fail” (BAC 0.08% or higher) results in an immediate arrest under the Criminal Code of Canada.
  4. Evidentiary Breath Test (EBT): If a driver fails the ASD test, they are taken to a police station for a more accurate breathalyzer test, conducted by a trained technician.

Oral Fluid Screening for Drugs: THC and Drug Detection for Commercial Operators

Since cannabis legalization in Canada, detecting drug impairment in commercial drivers has become a priority. Police officers in Calgary use oral fluid screening devices to test for the presence of drugs, particularly THC (the active compound in cannabis).

  • How It Works: A driver provides a saliva sample using a portable oral fluid screening device.
  • What It Detects: The test detects THC, cocaine, methamphetamine, and other drugs.
  • Timeframe for Detection:
    • THC levels can remain in saliva for several hours after use, even if the driver no longer feels impaired.
    • Cocaine and methamphetamine can also be detected for hours after consumption.

If a commercial driver fails an oral fluid test, they may face an immediate roadside suspension and be required to undergo further testing.

Field Sobriety and Drug Recognition Evaluations (DREs): Assessing Impairment Beyond Alcohol

When an officer suspects drug impairment but does not have a positive oral fluid test, they may conduct a Standardized Field Sobriety Test (SFST) or request a Drug Recognition Expert (DRE) evaluation.

Standardized Field Sobriety Test (SFST)

  • Includes three physical and cognitive tests:
    1. Horizontal Gaze Nystagmus (HGN) Test: Officers check for involuntary eye movements that indicate impairment.
    2. Walk-and-Turn Test: Drivers must walk a straight line and turn with balance and coordination.
    3. One-Leg Stand Test: The driver must stand on one leg while counting aloud.

Failure in any of these tests may result in an arrest and further drug testing.

Drug Recognition Expert (DRE) Evaluation

If a driver is suspected of being impaired by drugs rather than alcohol, a certified Drug Recognition Expert (DRE) is called in to perform a 12-step evaluation, which includes:

  • Measuring vital signs (pulse, blood pressure, pupil size).
  • Conducting psychophysical tests.
  • Observing physical symptoms related to specific drug categories.

If the DRE determines impairment, police can escalate testing further.

Blood Tests and Warrant Procedures: When and How Law Enforcement Escalates Testing

If police require definitive proof of impairment, they may request a blood test, which provides the most accurate measurement of drugs or alcohol in a driver’s system.

When Are Blood Tests Ordered?

  • If a driver refuses a breathalyzer or oral fluid test, police may obtain a court-issued warrant to take a blood sample.
  • If a driver is involved in a serious accident, officers can demand a blood test under Bill C-46, even if they are unconscious or unable to provide consent.
  • Blood tests are commonly used to determine THC levels, especially when roadside oral fluid tests return unclear results.

Legal Limits for THC in Blood Tests

Under the Criminal Code of Canada, THC impairment is defined as follows:

  • 2 – 5 ng of THC per mL of blood: Results in a fine but is not a criminal offence.
  • 5 ng or more of THC per mL of blood: Results in criminal charges and penalties similar to alcohol impairment.
  • Combination of THC and alcohol: If a driver has both 50 mg of alcohol and 2.5 ng of THC per mL of blood, it is a severe criminal offence.

Penalties for Commercial Drivers Charged with Impaired Driving

Licence Suspensions: How Long Commercial Drivers Lose Their Driving Privileges

Under Alberta’s Immediate Roadside Sanctions (IRS) program and the Criminal Code of Canada, commercial drivers face immediate licence suspensions if found impaired. The duration of the suspension depends on BAC level, drug presence, and whether it is a first or repeat offence.

First Offence (Administrative Penalty) – Zero-Tolerance Violation

  • Immediate 3-day licence suspension for having any detectable alcohol or drug presence.
  • Drivers must complete an educational course before reinstatement.

First Criminal Offence (BAC 0.08% or Higher / Drug Impairment)

  • Immediate 90-day licence suspension (IRS Fail).
  • Following the 90-day suspension, the driver is placed under a one-year driving prohibition (only allowed to drive with an ignition interlock device).
  • Mandatory participation in Alberta’s “Planning Ahead” or “IMPACT” educational programs before full reinstatement.

Second Offence

  • Immediate 90-day suspension, followed by a three-year driving prohibition with an interlock device requirement.
  • Increased fines and vehicle impoundment periods.

Third Offence or More

  • Lifetime commercial driving suspension (CDL permanently revoked in many cases).
  • Criminal record and potential jail time (especially for repeat offences).

Since most commercial drivers rely on their licence for employment, even a short-term suspension can result in long-term career damage.

Fines and Criminal Charges: Consequences for First-Time and Repeat Offences

If a commercial driver is criminally charged with impaired driving, they face severe financial penalties in addition to licence suspensions.

First Criminal Offence (BAC 0.08% or Drug Impairment)

  • Minimum fine of $1,000.
  • Court-mandated driving prohibition (in addition to administrative penalties).
  • Mandatory alcohol or drug education program.

Second Offence

  • Minimum 30 days in jail.
  • Minimum two-year driving prohibition.
  • Higher insurance premiums or denial of commercial vehicle coverage.

Third Offence

  • Minimum 120 days in jail.
  • Three-year driving prohibition (or lifetime ban for commercial drivers).
  • Potential loss of commercial driver’s licence (CDL) permanently.

Aggravating Factors Leading to More Severe Penalties

  • Accidents causing bodily harm or fatalities.
  • BAC exceeding 0.16% (twice the legal limit).
  • Refusal to provide a breath or saliva sample.
  • Transporting hazardous materials while impaired.

Commercial drivers found guilty of impaired driving face both provincial and federal penalties, often resulting in long-term consequences for their careers and financial stability.

Vehicle Impoundment: How Long a Commercial Vehicle Can Be Seized

Under Alberta’s IRS program, impaired commercial drivers face vehicle impoundment as an immediate consequence.

  • First Offence: 3-day vehicle impoundment (administrative penalty).
  • Criminal Offence (BAC 0.08% or Drug Impairment): 30-day vehicle impoundment.
  • Repeat Offences: Longer impoundment periods (up to 60 days).

Commercial drivers may also be responsible for all towing and storage fees, which can cost hundreds to thousands of dollars.

For owner-operators, this means direct financial loss, while company-employed drivers may lose their jobs as a result of vehicle unavailability.

Employment Consequences

A commercial impaired driving charge directly impacts employment, as most trucking and transportation companies have zero-tolerance policies in place.

Impact on Commercial Driver’s Licence (CDL) and Insurance

  • A conviction results in an automatic CDL suspension, making it illegal to operate a commercial vehicle.
  • Insurance rates skyrocket, often making commercial driving financially unviable.
  • Some insurers refuse to cover drivers with an impaired driving conviction.

Potential Job Loss and Challenges in Securing Future Employment

  • Many trucking companies immediately terminate drivers convicted of impaired driving.
  • Convictions make it difficult to find new employment, as most employers require a clean driving record.
  • Border restrictions: A conviction can limit entry into the United States, making it impossible to work as a cross-border truck driver.

Employer Liability and Company Policies on Impaired Driving

Employers in Calgary’s trucking and transportation industry have strict workplace safety policies, meaning:

  • Employers can be held legally liable if a commercial driver causes an accident while impaired.
  • Companies can lose their operating licences for repeated impaired driving violations among their staff.
  • Many companies require random drug and alcohol testing to prevent violations.

Some employers may allow convicted drivers to return after completing alcohol or drug rehabilitation programs, but many prefer hiring drivers with a clean record.

Defences for Commercial Drivers Accused of Impaired Driving

Challenging the Accuracy of Breath and Drug Tests

Impaired driving charges often rely on breathalyzer, oral fluid, and blood tests to determine alcohol or drug levels. However, these tests are not always accurate and can be challenged in court.

Breathalyzer Inaccuracies

A breathalyzer test measures Blood Alcohol Concentration (BAC), but several factors can cause unreliable results, including:

  • Improper device calibration – Breathalyzers must be calibrated and maintained regularly to produce accurate readings.
  • Mouth alcohol contamination – Residual alcohol from mouthwash, medication, or recent drinking can lead to a false positive.
  • Medical conditions – Acid reflux, diabetes, and other conditions can cause inaccurate BAC readings.
  • Officer error – The test must be administered properly and under the right conditions.

A Calgary DUI lawyer may argue that the breath test was unreliable, leading to a dismissal or reduction of charges.

Drug Testing Issues (Oral Fluid & Blood Tests)

Drug impairment is more difficult to measure than alcohol impairment. Common challenges include:

  • THC can stay in the body for days or weeks – A driver may test positive for cannabis without being impaired at the time of driving.
  • False positives – Some legally prescribed medications can cause false readings on oral fluid tests.
  • Testing procedures – The collection and handling of blood samples must follow strict protocols, or the results may be inadmissible in court.

If there are flaws in drug testing procedures, a lawyer may successfully argue that the results should be excluded as evidence.

Examining Procedural Errors by Law Enforcement

Police officers must follow strict protocols when conducting roadside tests, making arrests, and processing evidence. Any failure to comply with these legal requirements can result in a case dismissal or reduction of charges.

Examples of Law Enforcement Errors:

  1. Lack of reasonable suspicion – Police must have a valid reason (e.g., erratic driving, an odour of alcohol, or an accident) before demanding a roadside test.
  2. Failure to inform the driver of their rights – Officers must provide a clear explanation of legal rights, including the right to speak to a lawyer.
  3. Improper administration of tests – If breath or oral fluid tests are not conducted correctly, the results can be challenged in court.
  4. Failure to preserve evidence – If the police fail to maintain proper chain of custody for blood or saliva samples, the test results may be invalid.
  5. Unlawful delays – A driver must be tested within a reasonable time after being pulled over. Any delays can affect the reliability of test results.

A defence lawyer will carefully review police procedures to identify any violations that could lead to the charge being withdrawn or reduced.

Medical Defences and Prescription Medications

Many commercial drivers take legally prescribed medications that can affect test results or be mistaken for impairment. If a driver was not actually impaired but tested positive due to prescribed medication, this can be used as a defence in court.

Common Medical Defences:

  • Prescription Medications: Some legal medications (e.g., antidepressants, anti-anxiety medications, and pain relievers) can trigger false positives on drug tests.
  • Diabetes & Hypoglycemia: Low blood sugar can mimic impairment symptoms, such as confusion and dizziness, leading to a wrongful arrest.
  • Neurological Conditions: Conditions like multiple sclerosis or seizures can affect coordination and speech, which police may mistake for impairment.
  • Auto-Brewery Syndrome: A rare condition where the body produces alcohol naturally, leading to elevated BAC levels despite no alcohol consumption.

To use this defence, the driver must provide medical evidence, such as doctor’s notes or expert testimony, proving that they were not impaired.

Violation of Rights Under the Canadian Charter of Rights and Freedoms

Key Charter Rights That Can Be Violated in an Impaired Driving Case:

  1. Section 8 – Right to Be Free from Unreasonable Search and Seizure
  1. A driver cannot be subjected to random searches without reasonable suspicion.
  2. Unlawful blood or saliva sample collection can result in evidence being thrown out.
  3. Section 9 – Right Not to Be Arbitrarily Detained
  1. If a driver is stopped without reasonable cause, the detention may be illegal.
  2. Delays in testing may invalidate BAC or drug test results.
  3. Section 10(b) – Right to Legal Counsel
  1. Drivers must be informed of their right to a lawyer immediately after being detained.
  2. If police fail to provide access to a lawyer, the case could be dismissed.
  3. Section 11 – Right to a Fair Trial
  4. The accused has the right to a timely trial. Unreasonable delays could result in charges being dropped.

A defence lawyer can challenge an impaired driving charge if there is any violation of the driver’s constitutional rights.

The Role of a Calgary Criminal Defence Lawyer in Protecting Commercial Drivers

Why Commercial Drivers Need Legal Representation Immediately

When a commercial driver is charged with impaired driving, they must act quickly to protect their legal rights and driving privileges. Delaying legal action can result in automatic licence suspensions, lost employment opportunities, and a higher chance of conviction.

Key Reasons to Hire a Lawyer Immediately:

  1. Immediate Licence Suspension and CDL Consequences
  1. Alberta’s Immediate Roadside Sanctions (IRS) program can result in instant licence suspensions, even before a conviction.
  2. A lawyer can challenge the administrative suspension and, in some cases, help reinstate limited driving privileges.
  3. Strict Employer Policies and Job Loss Risks
  1. Most trucking and commercial transport companies terminate drivers with impaired driving charges.
  2. A lawyer can negotiate with the prosecution to reduce charges or seek alternative resolutions to help the driver maintain employment.
  3. Preventing a Criminal Record
  1. A criminal conviction can permanently impact a commercial driver’s career, making it nearly impossible to find work.
  2. An experienced lawyer will explore defences to avoid or minimize the conviction.
  3. Navigating Alberta’s Complex Legal System
  1. Impaired driving laws involve both federal and provincial regulations, which can be complex and difficult to understand.
  2. A lawyer will handle all legal proceedings, ensuring that the driver’s rights are protected at every stage.

Strategies for Reducing Penalties or Avoiding a Conviction

A skilled Calgary criminal defence lawyer will assess all aspects of a case to determine the best legal strategy. Some common defences and legal approaches include:

1. Challenging the Legality of the Traffic Stop

  • Police must have reasonable suspicion to stop and test a driver for impairment.
  • If the stop was unlawful, any evidence gathered may be inadmissible in court.

2. Disputing the Accuracy of Breath and Drug Tests

  • Breathalyzer tests must be calibrated and administered properly.
  • Oral fluid drug tests are not always reliable—a lawyer can challenge the validity of the test results.
  • If testing was improperly conducted, a judge may dismiss the charges.

3. Identifying Procedural Errors in the Arrest

  • Officers must follow strict legal procedures when making an arrest.
  • If a driver’s Charter rights (e.g., right to a lawyer) were violated, the case may be thrown out.

4. Negotiating a Plea Deal to Reduce Charges

  • A lawyer may negotiate a lesser charge, such as careless driving, which does not carry the same long-term consequences as an impaired driving conviction.
  • Reducing the charge can help the driver retain their CDL and employment.

5. Seeking Alternative Sentencing Options

  • If a conviction is likely, a lawyer can advocate for reduced penalties, such as:
    • Shorter licence suspensions
    • Rehabilitation or educational programs instead of jail time
    • Avoiding a permanent criminal record through conditional sentencing

These strategies can make a significant difference in the outcome of an impaired driving case, helping commercial drivers move forward without career-ending consequences.

How an Experienced Lawyer Can Protect a Driver’s CDL and Employment Status

For commercial drivers, the ability to continue working depends entirely on their Commercial Driver’s Licence (CDL). Without it, they may lose their livelihood permanently.

Ways a Lawyer Can Help Protect a Driver’s CDL:

  1. Fighting Licence Suspensions in Court
  2. A lawyer can challenge the IRS administrative suspension, potentially reinstating the driver’s CDL sooner.
  3. Negotiating with the Prosecutor
  4. In some cases, a lawyer can work out a deal to reduce charges so the driver avoids a permanent CDL suspension.
  5. Helping with Employment Appeals
  6. If a driver is terminated, a lawyer can assist with appealing the dismissal or negotiating with the employer for alternative disciplinary actions instead of termination.
  7. Preventing Insurance Rate Increases
  1. Impaired driving convictions cause major spikes in insurance costs, making it difficult for commercial drivers to find work.
  2. If a lawyer can get the charge dropped or reduced, it helps keep insurance rates lower.

Drug-Impaired Driving in Calgary – What You Need to Know

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How Calgary Law Enforcement Detects Drug-Impaired Drivers

1. Field Sobriety Tests (SFSTs)

Calgary police officers use Standardized Field Sobriety Tests (SFSTs) to assess a driver’s physical and cognitive abilities during a roadside stop. These tests include:

  • Horizontal Gaze Nystagmus (HGN) Test – Officers observe eye movements to detect involuntary jerking, which can indicate impairment.
  • Walk-and-Turn Test – The driver must walk in a straight line, heel-to-toe, and turn around to assess balance and coordination.
  • One-Leg Stand Test – The driver must stand on one leg for a set period to evaluate motor skills and attention span.

2. Drug Recognition Evaluations (DREs)

If an officer suspects drug impairment, they may call in a Drug Recognition Expert (DRE). These officers are specially trained to assess drivers using a 12-step evaluation process that includes:

  • Observing Vital Signs – Blood pressure, pulse, and body temperature can reveal the presence of certain drugs.
  • Interviewing the Driver – Officers ask questions to determine recent drug use and medical conditions.
  • Eye Examinations – Pupil size and reaction to light can indicate the influence of stimulants, depressants, or hallucinogens.
  • Psychophysical Tests – These tests assess coordination, attention, and divided attention skills, which are often impaired by drug use.

DRE assessments are admissible in court and provide strong evidence for drug-impaired driving charges.

3. Oral Fluid Screening Devices

To enhance roadside testing efficiency, Calgary police officers use oral fluid screening devices to detect recent cannabis and drug use.  

  • If the test result is positive, officers have reasonable grounds to demand further testing.
  • If the test result is negative, the driver may be allowed to proceed unless other signs of impairment are evident.

The federal threshold for THC impairment is 2 to 5 nanograms per millilitre (ng/mL) of blood for a summary offence and 5 ng/mL or more for a criminal offence. However, combining THC with alcohol has a lower threshold and carries severe penalties.

4. Blood Tests and Warrants

When a driver fails an oral fluid test or a DRE assessment, police may seek a warrant for a blood test. Blood testing is the most accurate method to determine drug concentration levels and is often used as evidence in court.

  • A qualified medical professional collects the blood sample.
  • The sample is sent to a forensic lab for analysis.
  • If drug levels exceed the legal limits, criminal charges may be laid.

Drivers should be aware that refusing a lawful demand for a blood test can result in automatic licence suspension and additional legal penalties under the Alberta Immediate Roadside Sanctions (IRS) program.

Penalties for Drug-Impaired Driving in Calgary

Fines and Criminal Charges

The penalties for drug-impaired driving in Calgary vary depending on whether it is a first-time or repeat offence. The Criminal Code of Canada and Alberta’s Immediate Roadside Sanctions (IRS) program outline escalating consequences:

  • First Offence:
    • Minimum $1,000 fine
    • 12-month licence suspension
    • Possible jail time (up to 10 years for serious cases)
  • Second Offence:
    • Mandatory 30-day imprisonment
    • Minimum 24-month licence suspension
  • Third and Subsequent Offences:
    • Mandatory 120-day imprisonment
    • Minimum 36-month licence suspension

Licence Suspensions

Drivers caught under the influence of drugs face immediate licence suspensions under Alberta’s Immediate Roadside Sanctions (IRS) program:

  • First-time offence: 90-day suspension followed by 12-month participation in Alberta’s Interlock program (breathalyzer device in the vehicle).
  • Second offence: Immediate 15-month licence suspension (longer if convicted in court).
  • Third and subsequent offences: Minimum 36-month suspension, depending on severity.

Refusing a drug test (saliva or blood) results in automatic suspension and criminal charges similar to those for an impaired driving conviction.

Vehicle Seizures

Alberta law allows for the immediate impoundment of a driver’s vehicle if they are caught driving under the influence of drugs. The duration depends on the severity of the offence:

  • First offence: 30-day vehicle seizure
  • Second offence: 60-day vehicle seizure
  • Third offence: Up to 120-day vehicle seizure

Drivers are responsible for all towing and impound fees, which can add up to thousands of dollars. Repeat offenders may also have their vehicle permanently seized in extreme cases.

Mandatory Education and Treatment Programs

Convicted drug-impaired drivers must complete Alberta’s mandatory impaired driving education and treatment programs before regaining full driving privileges. These include:

  1. Planning Ahead Course – Aimed at first-time offenders, this program educates drivers on the dangers of impaired driving.
  2. IMPACT Program – A more in-depth intervention for repeat offenders, focusing on long-term behavioural changes.
  3. Ignition Interlock Program – A mandatory 12-month program where the driver must install an alcohol interlock device in their vehicle before being allowed back on the road.
  4. Substance Abuse Assessment and Treatment – In cases where addiction is a factor, the court may order participation in rehabilitation programs before a driver can legally operate a vehicle again.

Failing to complete these programs results in extended licence suspensions and driving restrictions.

Impact on Criminal Record and Employment

A drug-impaired driving conviction can have long-lasting consequences beyond legal penalties.

  • Criminal Record: Convictions for impaired driving remain on a person’s criminal record indefinitely unless a record suspension (pardon) is granted.
  • Employment Issues: Many employers, particularly in transportation, healthcare, and government sectors, require clean driving records. A conviction can limit job opportunities or result in job loss.
  • Travel Restrictions: A criminal record can prevent travel to the U.S. and other countries. Many nations refuse entry to individuals with DUI-related convictions.
  • Insurance Consequences: Car insurance rates increase dramatically, and some providers may even refuse coverage for high-risk drivers.

The Role of a Calgary Criminal Defence Lawyer in Drug-Impaired Driving Cases

How a Lawyer Can Challenge Evidence from Roadside and Blood Tests

Law enforcement in Calgary relies on various methods to detect drug impairment, including Field Sobriety Tests (SFSTs), Drug Recognition Evaluations (DREs), Oral Fluid Screening, and Blood Tests. However, these tests are not always accurate or conducted properly, and a skilled defence lawyer can challenge them in court.

Here’s how a lawyer may dispute the evidence:

  • Challenging the Validity of Field Sobriety Tests (SFSTs):
    • These tests are subjective, meaning that an officer’s interpretation may be flawed.
    • Medical conditions, fatigue, anxiety, or even weather conditions can affect test performance.
  • Disputing the Drug Recognition Expert (DRE) Assessment:
    • The 12-step DRE evaluation relies on observations that may be inconsistent or influenced by officer bias.
    • If the officer lacks proper DRE certification, the test results may be inadmissible.
  • Questioning the Accuracy of Oral Fluid and Blood Tests:
    • Oral fluid screening devices for THC have been challenged for their reliability and false-positive rates.
    • THC and other drugs can remain in the bloodstream long after impairment has worn off, leading to unfair charges.
    • If there were errors in sample collection, storage, or analysis, the test results may be invalid.
  • Violation of Charter Rights:
    • If the police did not have reasonable grounds to demand a roadside test, the evidence may be excluded.
    • Unlawful search and seizure, failure to inform the accused of their rights, or delays in testing may also lead to a case dismissal.

Legal Defences Against Drug-Impaired Driving Charges

A Calgary criminal defence lawyer will examine the details of the case and build a strong defence. Some common legal arguments include:

  1. Lack of Impairment – Simply having drugs in your system does not mean you were impaired while driving.
  2. Improper Police Procedure – If the police did not follow proper testing protocols, the evidence may be thrown out.
  3. Inaccurate Testing – Blood tests and oral fluid screenings can produce false positives due to external factors.
  4. Violation of Charter Rights – If your rights were violated during the arrest, the case could be dismissed.
  5. Necessity or Medical Defence – Some drivers may have consumed prescription medication legally and were not impaired at the time of driving.

Each case is unique, and a lawyer will tailor the defence strategy based on the circumstances, evidence, and potential weaknesses in the prosecution’s case.

The Importance of Early Legal Intervention to Minimize Consequences

The earlier you seek legal representation, the better your chances of reducing or avoiding penalties. An experienced Calgary DUI lawyer can:

  • Negotiate with the Crown to reduce or withdraw charges.
  • Advise on plea bargains that can minimize fines, licence suspensions, or jail time.
  • Prevent the long-term consequences of a criminal record, which can affect employment, travel, and insurance.
  • Ensure Charter rights were upheld, challenging any illegal searches, detentions, or improper evidence collection.

Preventing Drug-Impaired Driving in Calgary

Responsible Consumption and Alternative Transportation Options

The most effective way to prevent drug-impaired driving is to make responsible choices before getting behind the wheel. Whether using cannabis, prescription medication, or other substances, drivers should be aware of the risks and legal consequences of impairment.

Tips for Responsible Consumption:

  • Know how long drugs stay in your system: THC can impair cognitive functions long after the high fades, and some prescription medications can cause drowsiness or delayed reactions.
  • Read prescription labels: Many legal medications include warnings about driving restrictions. Consult with your doctor or pharmacist if unsure.
  • Avoid combining substances: Alcohol and cannabis together significantly increase impairment, even if consumed in small amounts.
  • Plan ahead: If you anticipate consuming drugs or alcohol, arrange safe transportation options beforehand.

Alternative Transportation in Calgary:

If you are under the influence, you have several transportation options available:

  • Taxis and Ride-Sharing Services: Uber and Lyft operate throughout Calgary, providing a convenient and safe way to get home.
  • Calgary Transit: The C-Train and bus system run late into the night, making public transit a viable alternative.
  • Designated Driver Services: Some services, such as Keys Please, will drive you home in your own vehicle if needed.
  • Sober Driving Programs: Organizations like Operation Red Nose offer free designated driver services during the holiday season.

By planning ahead and using alternative transportation, Calgary residents can avoid impaired driving charges and keep the community safe.

The Role of Public Awareness Campaigns in Reducing Drug-Impaired Driving

Key Awareness Campaigns in Calgary and Alberta:

  • #KnowYourLimits (Government of Alberta): Educates drivers on THC impairment, the legal limits for cannabis, and the consequences of driving under the influence.
  • MADD Canada (Mothers Against Drunk Driving): Runs awareness campaigns, victim support programs, and advocacy efforts to prevent impaired driving.
  • Alberta Zero Tolerance Campaign: Targets new drivers (GDL holders) and warns about the zero-tolerance policy for cannabis and other drugs.
  • Drive Sober Campaign (Calgary Police Service): Raises awareness through social media, roadside checks, and local partnerships to encourage safe driving decisions.

Public messaging through advertisements, social media, and community events helps reinforce the dangers and consequences of drug-impaired driving, leading to a cultural shift toward responsible behaviour.

Resources for Calgary Drivers

For those seeking support, education, or legal assistance, Calgary offers several resources to help prevent and address drug-impaired driving issues.

1. Alberta’s Ignition Interlock Program

The Ignition Interlock Program is a mandatory requirement for drivers convicted of impaired driving in Alberta. Participants must install a breathalyzer device in their vehicle, which prevents the car from starting if alcohol is detected. While this program primarily applies to alcohol-related offences, some drug-impaired driving cases may require participation as part of a licence reinstatement process.

Eligibility & Process:

  • Available for individuals who have completed their suspension period.
  • The device must be installed at an approved service provider.
  • Participants must cover all costs associated with installation and maintenance.
  • The program duration varies based on the severity of the offence.

For more details, visit the Government of Alberta’s Transportation Services website.

2. Legal Aid and Defence Services

If you are facing drug-impaired driving charges in Calgary, legal representation is crucial. Some individuals may qualify for free or low-cost legal services through Legal Aid Alberta or pro bono defence lawyers.

  • Legal Aid Alberta: Offers financial assistance for eligible individuals who cannot afford legal representation.
  • Calgary Criminal Defence Lawyers: Many lawyers specialize in defending impaired driving charges and may offer free consultations to discuss your case.
  • Student Legal Assistance (University of Calgary): Law students, under supervision, provide affordable legal support for low-income individuals facing minor offences.

These resources help ensure that drivers understand their rights and receive fair representation in court.

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