Impaired Driving

How Dashcam Footage Can Help Your DUI Defence in Calgary

Khalid Akram · July 24, 2025 ·

Why Dashcams Are Useful in DUI Cases

Dashcam footage can serve as powerful evidence to challenge the prosecution’s version of events or support your own. Here’s how dashcams can specifically help in impaired driving cases in Calgary:

Record the Officer’s Conduct

A dashcam can record the entire traffic stop, allowing your DUI defence lawyer to review the officer’s behaviour and statements during the interaction. If an officer failed to follow proper procedures—such as informing you of your rights under the Canadian Charter of Rights and Freedoms—this may support a motion to exclude evidence or even dismiss the case.

For instance, Calgary police are required to provide a breath demand as soon as practicable. Dashcam footage may show delays or improper communication, which could violate your legal rights under Section 8 (unreasonable search and seizure) or Section 10 (right to counsel).

Show No Erratic Driving

One of the grounds for stopping a vehicle in DUI cases is the observation of erratic or dangerous driving. Dashcam footage can prove that you were driving normally, disputing the claim that there was reasonable suspicion of impairment.

This can be especially important in Calgary, where law enforcement often relies on subjective interpretations of a driver’s behaviour. If your dashcam shows smooth lane changes, appropriate stops, and no swerving, your lawyer may argue that the traffic stop lacked legal justification.

Capture Full Timeline of Events

From the moment you start your car to the point you’re pulled over and questioned, dashcam footage offers a chronological record of your actions. This can be crucial in demonstrating a clear, logical sequence of events that contradicts exaggerated or incorrect testimony.

In Alberta, timing is critical—particularly in relation to when breath samples are taken. If your dashcam footage contradicts the official report’s timeline, it may cast doubt on the credibility of the evidence presented by the Crown.

What Dashcam Footage Can Prove

No reasonable suspicion for stop
No signs of impairment
Improper roadside procedures

In Calgary impaired driving cases, the burden is on the Crown to prove that the stop, detention, and breath demand were lawful and that the driver was impaired. Dashcam footage can be instrumental in challenging the prosecution’s narrative by showing what actually happened. Here’s what this footage can help prove:

No Reasonable Suspicion for Stop

Calgary police must have a lawful reason to pull you over. If your dashcam footage shows that you were obeying traffic laws and not driving erratically, your lawyer may argue that the officer lacked reasonable suspicion to initiate the stop—making any subsequent evidence (like a breath sample) inadmissible under Charter protections.

For example, video showing that you were driving within the speed limit, maintaining your lane, and obeying signals may directly counter claims of suspicious driving behaviour.

No Signs of Impairment

Officers often cite slurred speech, red eyes, or the smell of alcohol as reasons to escalate an investigation. However, dashcam footage with clear audio and video can demonstrate:

Normal, coherent conversation
No slurred or confused speech
Calm and compliant behaviour
Steady motor skills during the interaction

This can raise doubt about the officer’s interpretation and suggest that the signs of impairment were overstated or misread.

Improper Roadside Procedures

The Canadian Criminal Code and Alberta traffic laws require strict adherence to procedures during DUI stops. Dashcam footage may reveal if the officer:

Failed to read your Charter rights properly
Did not provide access to a lawyer in a timely manner
Delayed the breath demand beyond legal limits
Failed to explain the reason for the demand clearly

If such procedural errors are captured, your defence lawyer can argue for the exclusion of breathalyzer results and other evidence, potentially weakening the Crown’s case significantly.

Admissibility in Alberta Courts

Must Be Original and Unedited

For dashcam footage to be considered reliable by the court, it must be the original file—unaltered and free from any edits or tampering. Any attempt to modify the footage, even for clarity, may raise questions about its authenticity and lead to exclusion.

Your Calgary criminal defence lawyer will typically obtain a forensic copy of the original file and submit it as evidence in its raw format. It’s critical to retain the SD card or device immediately after the incident to avoid overwriting or data corruption.

Chain of Custody Must Be Documented

To admit video evidence, the chain of custody—a record showing who had possession of the footage from the time it was recorded to the time it’s presented in court—must be clearly documented.

This helps establish that the footage has not been altered, mishandled, or tampered with. Your lawyer may work with a digital evidence specialist or paralegal to maintain and document this chain, especially in more serious DUI charges where jail time is a possibility.

Privacy and Consent Considerations

In Alberta, recording public interactions, such as with law enforcement during a traffic stop, is generally legal and does not require the officer’s consent. However, dashcams that record audio inside the vehicle may trigger privacy concerns if passengers were unaware they were being recorded.

That said, in the context of a DUI charge, most relevant footage involves interactions in public settings, such as roads and sidewalks, where privacy expectations are limited. Still, your lawyer will assess whether any part of the recording could be challenged based on privacy legislation like Alberta’s Personal Information Protection Act (PIPA).

When It Strengthens the Defence

Contradicts Officer Testimony

Police reports and officer testimony often carry substantial weight in court. However, dashcam footage can provide a neutral, factual account of what really happened. If there are discrepancies between what the officer claims and what the video shows, your Calgary DUI lawyer can use that footage to undermine the officer’s credibility.

For instance, if the officer testifies that you were argumentative or non-compliant, but the footage shows calm cooperation, the court may question the accuracy of their account.

Reveals Charter Violations

Under the Canadian Charter of Rights and Freedoms, you have specific legal protections when detained by police. Dashcam footage can reveal breaches such as:

Unlawful stop or detention
Delay in informing you of your right to counsel (Section 10(b))
Improper search or seizure of your vehicle (Section 8)

If a Charter violation is proven, your lawyer may request a Charter application to have key evidence excluded—which can lead to withdrawal of charges or an acquittal.

Supports Alternative Explanations

Dashcam footage can help explain behaviours that may otherwise be misinterpreted as signs of impairment. For example:

Slurred speech caused by a medical condition
Difficulty standing due to injury or fatigue
Nervousness misread as intoxication

This objective video evidence can validate your explanation and support a defence based on innocence or non-impairment—something that may not be possible through testimony alone.

Legal Help from Calgary DUI Lawyers

Submitting Footage as Evidence

Your lawyer will review your dashcam footage to identify any helpful content and ensure it meets admissibility standards in Alberta courts. They will manage the chain of custody, authenticate the recording, and introduce it during trial or pre-trial motions as credible, unaltered evidence supporting your version of events.

Using It in Charter Challenges

Footage that shows delays in informing you of your rights or improper roadside procedures may form the basis of a Charter challenge. Your lawyer can file a motion under the Canadian Charter of Rights and Freedoms to exclude unlawfully obtained evidence—such as a breath sample or incriminating statements—if your rights under Section 8, 9, or 10 were breached.

Getting Charges Reduced or Withdrawn

Strong dashcam evidence can lead to negotiations with the Crown prosecutor. If the video undermines the police account or reveals procedural errors, your lawyer may be able to have your charges reduced to a lesser offence or withdrawn altogether—especially in first-time DUI cases where the evidence is weak or disputed.

Missed Court Date for Impaired Driving in Calgary?

Khalid Akram · July 11, 2025 ·

Immediate Legal Consequences of Missing a Court Date in Calgary

Missing a scheduled court appearance in Calgary can lead to serious and immediate legal consequences. If you fail to appear for your hearing—whether for an impaired driving charge or another criminal matter—the court does not simply reschedule it. Instead, a judge in the Calgary Provincial Court will likely issue a bench warrant for your arrest. This warrant authorizes the Calgary Police Service (CPS) to locate and detain you, sometimes without prior notice.

For individuals facing impaired driving charges, this missed appearance can worsen your legal standing. It can lead to additional charges, such as “failure to appear” under section 145 of the Criminal Code of Canada. If you are out on bail, your absence may be considered a breach of bail conditions, which could result in stricter bail terms—or revocation of bail altogether.

How a Missed Court Date Affects Your Impaired Driving Charges

If you’re facing impaired driving charges in Calgary and miss your court date, the consequences go beyond just rescheduling. The court may see your absence as a serious breach of trust, particularly if you were released on bail. This can trigger a review of your bail conditions or even lead to bail revocation, meaning you could be held in custody until your next court appearance.

The Crown prosecutor may also interpret your failure to appear as an indication that you’re not taking the process seriously. This can affect their willingness to negotiate favourable plea deals or consider alternative sentencing options like diversion or a discharge. In many cases, the Crown will pursue additional charges for failing to appear, which are covered under section 145 of the Criminal Code of Canada. These charges are separate from your impaired driving case and carry their own penalties—including jail time.

Altogether, a missed court date can significantly complicate your impaired driving defence. It can shift your legal strategy from mitigation to damage control, underscoring the importance of staying in close contact with your Calgary impaired driving lawyer.

Steps You Should Take Immediately After Missing Court

If you’ve missed your court date in Calgary—especially for an impaired driving charge—the most important step is to contact a Calgary impaired driving lawyer immediately. Time is critical. The sooner you act, the better your chances of minimizing the legal consequences.

Your lawyer can file a motion to cancel or quash the bench warrant, also known in Alberta as a revocation application. This motion requests that the judge withdraw the warrant and allows you to voluntarily appear in court. Judges are more likely to grant such a request if you act promptly and have a valid reason for missing your appearance (e.g., medical emergency, confusion about the date, or miscommunication with bail supervision).

Voluntarily attending court with legal representation is far better than being arrested on the warrant. If the Calgary Police Service picks you up, you may spend time in custody and have to wait for a bail hearing. Showing initiative by appearing in court voluntarily demonstrates responsibility and may help preserve your current bail terms—or avoid additional charges under the Criminal Code.

How Calgary Courts Handle Failing to Appear

When you miss a scheduled court appearance in Calgary, how the court responds will depend on the level of court involved—either the Calgary Provincial Court or the Court of King’s Bench. Both courts treat missed appearances seriously, especially in criminal matters such as impaired driving.

The first appearance is critical. It sets the stage for disclosure, legal representation, and procedural timelines. Missing this date—or any scheduled follow-up, such as a docket appearance or trial—can delay your case and trigger legal consequences. The judge will typically issue a bench warrant and note the missed appearance in the court file. This record may negatively influence future court decisions, including bail or sentencing outcomes.

If you apply to have the warrant revoked, the court will examine your explanation carefully. Judges in Calgary will consider several factors, including:

Whether this is your first missed appearance or part of a pattern
The seriousness of the original charge (e.g., impaired driving vs. administrative offences)
The reason for your absence (illness, transportation issues, etc.)
Whether you contacted the court or a lawyer immediately afterward

While some absences may be excused with minimal penalty, repeated failures to appear can lead to additional charges, tougher bail conditions, and a negative perception of your credibility. That’s why it’s essential to attend all court dates—or work proactively with a Calgary impaired driving lawyer if you’ve missed one.

Long-Term Legal and Personal Consequences

Missing a court date in Calgary can result in long-lasting legal and personal repercussions, especially if you’re dealing with impaired driving charges. Even if the immediate consequences—like a bench warrant—are resolved, the impact doesn’t end there.

First, your credibility with the court may be permanently affected. Judges, Crown prosecutors, and even probation officers may view you as unreliable or non-compliant. This perception can negatively influence everything from bail hearings to sentencing decisions.

Second, missing court almost always delays the resolution of your impaired driving case. Your file may be pushed to the bottom of the docket, or your trial may be rescheduled months down the line. During this time, you may remain under strict bail conditions, which could include curfews, driving prohibitions, or mandatory check-ins with a bail supervisor.

There are also real-world consequences. A failure to appear record can:

Interfere with job applications, particularly those requiring background checks
Lead to restrictions on international travel, especially to countries like the U.S.
Complicate future bail applications, as the Crown may oppose release based on past non-compliance

To avoid these outcomes, it’s critical to work closely with a Calgary impaired driving lawyer who can repair the damage and help you get your case back on track.

How a Calgary Impaired Driving Lawyer Can Help

A Calgary impaired driving lawyer plays a crucial role if you’ve missed a court date. Legal guidance at this stage is not only helpful—it can be the difference between resolving the matter quickly or facing escalated legal consequences.

First, your lawyer will navigate the process to address the missed appearance, beginning with a motion to revoke the bench warrant. They’ll handle all necessary paperwork, ensure proper service to the Crown, and book the matter into court as soon as possible.

They’ll also help you prepare documentation and a valid explanation for the judge—whether it’s a medical emergency, scheduling error, or other mitigating circumstances. A well-prepared affidavit or letter of explanation, presented by counsel, carries more weight than attempting to justify your absence alone.

Can You Challenge Calgary Field Sobriety Tests?

Khalid Akram · July 3, 2025 ·

Understanding Field Sobriety Tests in Calgary

When a driver is suspected of impairment in Calgary, law enforcement officers often begin with standard field sobriety tests (SFSTs) before requesting a breath or blood sample. These roadside assessments are designed to evaluate coordination, balance, and attention — all of which can be impaired by alcohol or drugs.

Calgary Police Service officers typically use three tests:

Walk-and-Turn (WAT): The individual is asked to walk heel-to-toe along a straight line and then turn and return the same way.
One-Leg Stand (OLS): The person must balance on one leg while counting aloud for approximately 30 seconds.
Horizontal Gaze Nystagmus (HGN): Officers track the movement of the eyes as the suspect follows a stimulus, such as a pen or flashlight.

These tests are used to establish reasonable grounds for further testing under the Criminal Code of Canada, such as a breathalyzer at the police station or a Drug Recognition Evaluation (DRE). However, SFST results alone are not definitive proof of impairment and may be open to legal scrutiny.

Impaired Driving and License Suspensions in Calgary

Legal Basis for Challenging Field Sobriety Tests in Alberta

In Alberta, the use of field sobriety tests (FSTs) is supported by the Criminal Code of Canada, particularly in cases involving suspected impaired driving due to alcohol or drugs. However, the law also places important limitations on how these tests are conducted and how their results can be used in court.

Under section 320.27 of the Criminal Code, a peace officer may demand that a driver perform standardized field sobriety tests (SFSTs) at the roadside if they have reasonable grounds to suspect impairment. The results of these tests can then lead to a demand for further testing, such as an Approved Screening Device (ASD) or Drug Recognition Evaluation (DRE).

However, these roadside assessments are screening tools—not evidentiary tools. This means:

They are used to establish grounds for further investigation, not to prove impairment in court.
Poor performance on an SFST is not conclusive evidence of guilt, especially when external factors like anxiety, fatigue, or medical conditions are involved.

A Calgary impaired driving lawyer may challenge the validity or interpretation of SFST results by:

Questioning whether the officer was properly trained in administering the test
Highlighting environmental factors (e.g., poor lighting, slippery road, uneven ground)
Arguing that the officer failed to consider medical or physical conditions affecting performance

Courts in Alberta typically give limited weight to SFSTs unless they are supported by further testing. This opens the door for defence lawyers to dispute their accuracy or relevance—particularly if the accused’s Charter rights were violated during the stop or testing process.

Common Defences Used by Calgary Impaired Driving Lawyers

Challenging Officer Training and Administration of Tests

One of the most common defences involves questioning whether the arresting officer was properly trained to administer the Standardized Field Sobriety Tests (SFSTs). The SFSTs require precise procedures and instructions. Any deviation from the approved protocol—such as miscounting steps in the walk-and-turn or giving unclear instructions—can undermine the validity of the results.

In Alberta courts, a lawyer can request disclosure of the officer’s training records, cross-examine the officer’s credibility, and argue that improper testing renders the results unreliable.

Arguing Physical or Medical Limitations of the Accused

Field sobriety tests rely heavily on physical coordination, balance, and movement. Individuals with chronic injuries, vertigo, neurological disorders, age-related balance issues, or even recent surgeries may perform poorly—regardless of sobriety.

Calgary impaired driving lawyers often bring in medical records or expert testimony to demonstrate that their client’s test performance was affected by a legitimate health condition rather than intoxication.

Questioning Environmental Factors like Weather, Footwear, or Road Conditions

Roadside testing conditions in Calgary can be far from ideal. Icy or wet pavement, gravel shoulders, poor lighting, heavy wind, or uneven terrain can seriously affect test performance. So can inappropriate footwear like high heels or winter boots.

A defence lawyer may argue that external environmental factors made it difficult for any reasonable person to pass the tests, even if sober. Dashcam footage, weather reports, or officer body cam evidence can be introduced to support this line of defence.

The Role of Dashcam or Bodycam Footage in Calgary DUI Cases

Access to Calgary Police Bodycam Footage as Part of Disclosure

Under the Charter of Rights and Freedoms and Supreme Court rulings such as R. v. Stinchcombe, the Crown is legally required to provide full disclosure to the defence—including any video footage recorded at the time of the stop, arrest, and field sobriety testing. This includes:

Body-worn camera (BWC) footage from officers
Dashcam recordings from police vehicles
Any CCTV or third-party recordings that may have captured the incident

A Calgary impaired driving lawyer can formally request this footage early in the legal process to verify the accuracy of the officer’s version of events.

How Visual Evidence Can Contradict Officer Testimony

Police reports may claim that a driver was swaying, slurring words, or failing to follow instructions. But video evidence sometimes tells a different story. A calm, cooperative driver who appears steady on their feet may strongly contradict claims of obvious impairment.

This can be used to:

Challenge the officer’s observations
Highlight inconsistencies or exaggerations
Argue that the test was performed under unclear instructions or in inappropriate conditions

In some Calgary cases, video footage has led to charges being withdrawn after the Crown determined that the visual evidence undermined their case.

Importance of Video in Evaluating Test Conditions and Accuracy

Field sobriety tests are highly sensitive to context. Bodycam and dashcam recordings offer valuable insight into:

Road surface (e.g., ice, snow, gravel)
Lighting conditions at the scene
Distractions like traffic noise or onlookers
The accused’s footwear, clothing, and mobility

This context can validate or discredit the legitimacy of the roadside testing process. When combined with expert testimony, video footage may be key in proving that the results were unreliable or unfair.

Charter Rights and Field Sobriety Testing

Section 10(b) of the Charter: Right to Counsel upon Detention

Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees that every individual has the right to retain and instruct counsel without delay upon arrest or detention. This right also includes being informed of this right by the police.

In the context of field sobriety testing in Calgary, this means:

As soon as a driver is detained for the purpose of SFSTs, they must be informed of their right to speak with a lawyer.
In many cases, failure to properly advise the individual at the roadside could be grounds for a Charter challenge.

Whether the Individual Was Properly Advised of Their Rights

A common defence strategy is to review whether the police officer:

Clearly informed the driver they were being detained
Told them about their right to speak with a lawyer
Provided the opportunity to contact legal counsel as soon as practicable

If a Calgary impaired driving lawyer can show that this information was unclear, delayed, or withheld altogether, they may argue that the individual’s Charter rights were breached.

How Breaches in Rights Can Lead to Exclusion of Test Evidence

When there is a breach of Charter rights—especially the right to counsel—the defence may file a Charter application under section 24(2) to exclude the resulting evidence. If the court finds that the roadside tests (and possibly even subsequent breath or blood tests) were obtained following a Charter breach, they may rule that:

The evidence is inadmissible
The case against the accused is significantly weakened
Charges may be reduced or even withdrawn

Why You Need a Calgary Impaired Driving Lawyer

How Local Legal Experience Helps Navigate Calgary Court Procedures

Every jurisdiction has its own courtroom culture and procedural nuances. A lawyer with local experience in Calgary’s Provincial Court and Court of King’s Bench understands:

The typical practices of Crown prosecutors
How certain judges interpret field sobriety evidence
What documentation and motions are most effective in local impaired driving cases

A Calgary-based lawyer is also likely to be familiar with how Calgary Police Service officers conduct roadside tests, allowing for more strategic cross-examination and evidence review.

Importance of Early Legal Intervention to Preserve Defence Options

Time is critical in impaired driving cases. Engaging a lawyer immediately after being charged allows your legal team to:

File timely Charter applications for rights breaches
Obtain and review dashcam/bodycam disclosure
Interview witnesses and gather weather or environmental evidence from the day of arrest
Prepare for an Alberta Administrative Licence Suspension (AALS) appeal

The sooner you get legal help, the more options you’ll have to challenge the evidence and protect your driving privileges.

Selecting a Lawyer Familiar with DUI Trial Strategies and Police Protocol

Not all criminal lawyers are equally equipped to handle DUI cases. You need someone who:

Specializes in impaired driving defence
Has a strong understanding of field sobriety testing protocol and police training standards
Knows how to use technical flaws, Charter arguments, and procedural errors to your advantage

A seasoned Calgary impaired driving lawyer can make the difference between a conviction and a successful defence. They’ll guide you through every step of the legal process — from first appearance to trial — and work toward the best possible outcome for your case.

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

Khalid Akram · June 9, 2025 ·

The Law on Refusing a Breathalyzer in Canada

Overview of the Criminal Code of Canada – Section 320.15

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

Legal Requirement to Comply with a Breath Sample Demand

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

Refusal Treated the Same as an Impaired Driving Offence

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

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

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

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

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

Specific Enforcement Practices in Calgary

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

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

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

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

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

Enhanced Roadside Testing and Mobile Checkpoints Across the City

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

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

Local Data on Refusal Charges and Impaired Driving Statistics

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

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

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

Immediate Legal Consequences of Refusing a Breathalyzer

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

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

Immediate 90-Day Licence Suspension Under Alberta’s IRS

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

Vehicle Impoundment (30 Days or More)

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

$2,000 Minimum Fine for First Offence

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

Jail Time for Repeat Offenders or Aggravating Factors

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

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

Long-Term Effects of a Refusal Charge

Permanent Criminal Record Affecting Employment and Travel

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

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

Increased Auto Insurance Premiums or Policy Cancellation

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

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

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

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

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

Impact on Immigration or Professional Licensing for Non-Citizens

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

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

Are There Any Valid Reasons to Refuse?

Medical Conditions or Physical Inability to Provide a Sample

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

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

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

Malfunctioning Device or Improper Police Procedure

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

Malfunctioning
Not properly calibrated
Administered incorrectly by the officer

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

Rights Violations Under the Canadian Charter of Rights and Freedoms

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

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

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

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

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

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

How a Calgary Criminal Defence Lawyer Can Help

Assess the Legality of the Police Demand

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

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

Investigate Whether Your Rights Were Violated

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

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

Build a Defence Strategy to Reduce or Dismiss Charges

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

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

Guide Clients Through Court Appearances and IRS Appeal Process

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

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

What To Do If You’ve Been Charged for Refusing

Here’s what you should do next:

Contact a DUI or Criminal Defence Lawyer in Calgary Immediately

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

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

Preserve All Documents and Note the Details of the Incident

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

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

Comply with All Release Conditions and Court Dates

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

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

Consider Appealing Your Licence Suspension Through SafeRoads Alberta

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

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