Impaired Driving

Alcohol vs. Drug DUI: Dual Impairment Cases

Khalid Akram · October 3, 2025 ·

Understanding Dual Impairment DUI Charges in Calgary

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

How Calgary Police Investigate Dual Impairment Cases

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

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

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

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

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

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

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

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

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

How Calgary Police Test for Alcohol and Drugs

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

Roadside Approved Screening Devices (ASDs)

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

Drug Recognition Evaluation (DRE) and SFST

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

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

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

Blood Sample Collection Procedures

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

Timelines and Evidence Integrity

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

Legal Penalties for Combined Alcohol and Drug Impairment

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

Mandatory Minimum Fines and Licence Suspensions

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

Additional Penalties for Dual Impairment

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

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

Effects on Alberta Driving Privileges and Insurance

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

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

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

Criminal Record and Long-Term Impact

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

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

Role of Expert Evidence in Dual Impairment Cases

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

Explaining How Substances Interact in the Body

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

Demonstrating Medical or Prescription Medication Effects

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

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

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

Highlighting Gaps in CPS Investigation or Lab Analysis

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

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

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

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

Khalid Akram, Calgary Criminal Defence Lawyer — Khalid Akram

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

Immediate Steps After the Charge

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

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

Acting Quickly to Preserve Evidence

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

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

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

Book a Consultation with a Calgary DUI Lawyer

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

How Medical Conditions Affect Breath Test Accuracy

Khalid Akram · October 1, 2025 ·

Overview of Breath Testing in Calgary DUI Investigations

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

Roadside Approved Screening Devices (ASDs)

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

Intoxilyzer Testing at CPS Stations

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

Legal Requirement to Test Within Two Hours

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

Alberta’s Immediate Roadside Sanctions (IRS)

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

First-Time DUI Offenses in Calgary: What to Expect

Medical Conditions That Can Affect Breath Test Results

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

Gastroesophageal Reflux Disease (GERD) and Acid Reflux

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

Diabetes and Ketoacidosis

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

Respiratory Conditions (COPD, Asthma)

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

Recent Surgeries or Medical Devices

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

Medications and Alcohol-Based Products

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

How These Conditions Lead to False Positives

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

Mouth Alcohol Interference

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

Case Examples of Inaccurate Results

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

Artificially High Readings Without Significant Alcohol Intake

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

Role of Expert Witnesses in Calgary DUI Cases

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

Toxicologists and Medical Experts

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

Showing the Link Between Condition and BAC Results

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

Using Credible, Peer-Reviewed Evidence

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

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

Inform Your Calgary Impaired Driving Lawyer

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

Gather and Preserve Medical Documentation

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

Request Disclosure and Preserve Evidence

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

Take Immediate Legal Action

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

The “Over 80” Charge: Definition and Defence Options

Khalid Akram · September 29, 2025 ·

What Is an “Over 80” Charge in Calgary?

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

How the Law Is Enforced in Calgary

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

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

Distinction Between “Over 80” and Impaired Driving

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

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

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

Impaired Driving and License Suspensions in Calgary

How Calgary Police Investigate “Over 80” Cases

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

Traffic Stops and Roadside Screening

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

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

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

Station Procedures and Intoxilyzer Breath Tests

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

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

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

Legal Timelines

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

Alberta’s Immediate Roadside Sanctions (IRS)

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

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

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

Legal Penalties for an “Over 80” Conviction in Calgary

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

Criminal Code Consequences

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

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

Alberta Driver’s Licence and Insurance Impact

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

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

Combined Provincial and Federal Penalties

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

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

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

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

Comply with Police but Protect Your Rights

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

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

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

Request Disclosure and Preserve Evidence

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

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

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

Act Quickly to Protect Your Licence and Meet Deadlines

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

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

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

Book a Consultation with a Calgary Impaired Driving Lawyer

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

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

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

Calgary Police Errors in DUI Arrests

Khalid Akram · September 26, 2025 ·

Common Calgary Police Errors in DUI Investigations

Improper Traffic Stop Procedures

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

Errors in Administering Roadside Breath Tests

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

Failure to Respect Mandatory Waiting Periods or Timelines

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

Breaches of Charter Rights

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

Mishandling or Improper Storage of Evidence

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

Legal Consequences of Police Errors

Exclusion of Evidence Under the Charter

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

Case Dismissal or Reduction of Charges

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

Calgary Case Examples

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

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

How an Impaired Driving Lawyer Builds a Defence in Calgary

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

Reviewing Calgary Police Service Reports and Evidence

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

Cross-Examining Officers for Procedural Inconsistencies

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

Filing Charter Applications

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

Using Expert Toxicologists

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

Protecting Your Rights After a DUI Arrest in Calgary

Take Immediate Action After Being Charged

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

Document Every Detail of the Stop and Arrest

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

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

Secure Legal Representation Early

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

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

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