Impaired Driving

How Weather and Road Conditions Impact Impaired Driving Defence

Khalid Akram · September 24, 2025 ·

How Calgary Weather Contributes to Impaired Driving Investigations

Calgary’s climate plays a direct role in how impaired driving cases are investigated and defended. Because weather can influence driver behaviour and police observations, it is often a central issue raised by defence lawyers.

Icy roads, snow, and limited visibility leading to more frequent stops
Calgary winters are notoriously harsh. Slippery intersections, sudden whiteouts, and poor visibility on Deerfoot Trail or Crowchild Trail often cause drivers to make abrupt movements that police may interpret as signs of impairment. A swerve to avoid black ice or an unexpected skid can easily be mistaken for impaired driving behaviour.
Why police increase impaired driving patrols during winter and Stampede season
Law enforcement in Calgary typically increases roadside checks during high-risk times. Winter months bring more impaired driving patrols due to holiday gatherings, while the Calgary Stampede sees a surge in enforcement as thousands of people attend events where alcohol is served.
Weather as a factor in roadside observations
Officers conducting roadside tests may misinterpret weather-related behaviour as impairment. For example, slurred speech could be confused with teeth chattering, and poor balance during a walk-and-turn test might be caused by icy pavement rather than intoxication. Even red, watery eyes can be the result of blowing snow or bitter winds instead of alcohol consumption.

Weather and Road Conditions Impact Impaired Driving Defence

Weather-Related Defences Used by Calgary Criminal Lawyers

When defending against impaired driving charges in Calgary, criminal lawyers often point to weather and road conditions as key factors in shaping the case.

Challenging officer observations influenced by environmental conditions
Police reports often rely on subjective indicators like balance, speech, and driving patterns. In freezing Calgary winters, however, behaviours such as stumbling on icy sidewalks, shivering during roadside questioning, or having watery eyes from windchill can unfairly be interpreted as signs of intoxication.
Arguing that erratic driving may have been caused by road conditions rather than impairment
Erratic steering, sudden braking, or swerving may be explained by hazardous road conditions rather than alcohol or drug use. For instance, black ice along Deerfoot Trail or slush build-up on residential streets can force a driver to make abrupt manoeuvres.
Use of expert testimony on weather and road safety in Calgary
Criminal lawyers in Calgary frequently call on expert witnesses—such as traffic safety specialists or meteorologists—to explain how snow, ice, or heavy rain may have affected driving performance.
Case examples where adverse conditions impacted trial outcomes
In past Alberta cases, courts have acknowledged that environmental factors can undermine the reliability of police evidence. For example, a driver’s inability to complete a roadside balance test on icy pavement, or difficulties speaking clearly in sub-zero temperatures, have been accepted as reasonable alternative explanations.

Road Conditions and Their Effect on Impaired Driving Cases

Calgary’s road network, combined with Alberta’s climate, creates driving challenges that often complicate impaired driving investigations. From black ice on major highways to construction detours in the downtown core, road conditions can directly influence how police interpret a driver’s behaviour—and how defence lawyers challenge those interpretations in court.

Black ice, potholes, and construction zones in Calgary complicating police assessments
Calgary drivers are all too familiar with black ice on Deerfoot Trail, Memorial Drive, and neighbourhood intersections. A sudden skid or overcorrection may be viewed by officers as impaired driving rather than a natural response to hidden ice. Similarly, potholes on residential streets or uneven surfaces in ongoing construction zones—common during Calgary’s short summer roadwork season—can cause jerky steering or uneven braking.
Poor road maintenance as a contributing factor in swerving or delayed braking
Snow accumulation, unplowed streets, and salt residue all affect vehicle handling. For example, a driver who swerves to avoid a snowbank on a poorly maintained road in Calgary’s suburbs may look reckless but could simply be navigating hazardous conditions. Defence strategies often highlight these realities to show that driving errors may stem from maintenance failures, not alcohol or drugs.
How defence lawyers demonstrate alternative explanations for driving behaviour
Calgary criminal lawyers frequently reconstruct the driving scenario to prove that weather or road conditions were a more likely cause of the alleged impairment.

Breath Tests and Weather Factors in Calgary

Breathalyser results are often central to impaired driving cases in Calgary, but Alberta’s extreme weather can raise serious questions about the accuracy and reliability of roadside testing. Defence lawyers frequently challenge these results by pointing to how cold temperatures affect both the device and the testing process.

Cold weather effects on roadside breathalyser accuracy
Roadside screening devices are sensitive instruments, and Calgary’s sub-zero temperatures can interfere with their performance. In bitter cold, moisture in a person’s breath may freeze in the device, leading to faulty readings. Windchill and rapid temperature changes may also affect how consistently the machine processes air samples, creating room for error in borderline cases.
Potential issues with device calibration in extreme Calgary winters
For a breath test to be admissible in court, the device must be properly maintained and calibrated. However, when machines are stored or used outdoors in -20°C weather, calibration can drift. Police vehicles conducting patrols across Calgary neighbourhoods often transport these devices in fluctuating temperatures, which may compromise their accuracy. Defence lawyers regularly request maintenance and calibration records to determine if environmental conditions played a role in producing questionable results.
Defence strategies to challenge breath test reliability
Criminal lawyers in Calgary often argue that environmental conditions cast doubt on the validity of breathalyser readings. They may challenge the timing of the test, the training of the officer in handling the device under winter conditions, or inconsistencies between the breath test results and the driver’s observed behaviour. In some cases, expert testimony is introduced to explain how Calgary’s weather could have contributed to a false positive or inflated blood alcohol concentration (BAC) result.

Consequences of an Impaired Driving Conviction in Calgary

An impaired driving conviction in Calgary carries serious and lasting consequences that extend well beyond the initial charge. Alberta has some of the strictest impaired driving laws in Canada, and individuals convicted often face penalties that affect their criminal record, finances, and driving privileges for years.

Criminal record implications
A conviction for impaired driving under the Criminal Code of Canada results in a permanent criminal record. This can limit employment opportunities, especially in industries that require driving, international travel (such as entry into the United States), and even volunteer positions that involve background checks. Calgary residents often find that a single conviction continues to affect their reputation and future long after court proceedings conclude.
Alberta’s Immediate Roadside Sanctions (IRS) program
Alberta introduced the Immediate Roadside Sanctions (IRS) program to streamline impaired driving enforcement. Under this system, drivers can face immediate licence suspensions, vehicle seizures, and escalating fines without waiting for a criminal conviction. In Calgary, this means that even before appearing in court, a driver may already be dealing with the loss of their vehicle and the inability to drive to work or school. Defence lawyers often argue against the fairness of these administrative penalties, which can be as disruptive as criminal sanctions.
Insurance hikes and long-term driving restrictions
A conviction also impacts auto insurance in Calgary. Drivers convicted of impaired driving are classified as high-risk, leading to significant premium increases or outright cancellation of coverage. Additionally, Alberta’s Ignition Interlock Program may require convicted drivers to install a breath-activated ignition device on their vehicles for months or even years.

Why You Need a Calgary Criminal Lawyer for Weather-Related Impaired Driving Cases

Khalid Akram, Calgary Criminal Defence Lawyer — Khalid Akram

When facing an impaired driving charge in Calgary, hiring an experienced criminal lawyer is essential—especially when weather and road conditions are part of the case. Alberta’s climate creates unique challenges that directly influence how investigations are conducted and how courts evaluate evidence.

Understanding how local conditions affect police investigations
Calgary criminal lawyers are familiar with how extreme cold, icy streets, and Stampede season traffic shape police enforcement. They know that officer observations can easily be clouded by environmental factors, and they use this knowledge to challenge weak or misleading evidence.
Tailoring defence strategies based on Calgary-specific weather and road patterns
A local lawyer understands that black ice on Deerfoot Trail, unplowed suburban streets, and constant road construction can all mimic the signs of impaired driving. By tailoring defence arguments to these Calgary realities, they can raise reasonable doubt and strengthen the case for dismissal or reduced charges.
Protecting your Charter rights during winter roadside stops
Roadside stops in freezing temperatures often create conditions where Charter rights—such as the right to counsel—may be delayed or overlooked. A Calgary defence lawyer ensures that your rights are fully protected and that any breaches are raised in court, potentially leading to the exclusion of evidence.

Impaired Driving at Checkpoints: Your Rights in Calgary

Khalid Akram · September 22, 2025 ·

What Are Impaired Driving Checkpoints in Calgary?

In Calgary, impaired driving checkpoints—commonly referred to as “Check Stops”—are a regular part of the city’s law enforcement strategy to keep roads safe. These roadside stops are organized by the Calgary Police Service (CPS) and are designed to identify and remove impaired drivers from the road. Officers stationed at these checkpoints have the authority to stop vehicles at random, ask questions, and request sobriety testing if impairment is suspected.

Check Stops are especially common during high-risk times of the year when alcohol and drug consumption tends to increase. For example, holiday seasons such as Christmas, New Year’s Eve, and Calgary Stampede often see more frequent and highly publicized checkpoints.

The legal authority for impaired driving checkpoints comes from both the Criminal Code of CanadaandAlberta’s Traffic Safety Act. Under these laws, police officers are permitted to stop drivers without prior suspicion of impairment. At a minimum, you can expect to be asked for your driver’s licence, registration, and proof of insurance. If officers observe signs of impairment—such as slurred speech, the smell of alcohol or cannabis, or erratic behaviour—they may request further testing, including roadside breath tests or oral fluid tests for drug impairment.

When Can Calgary Police Stop You?

Since the federal government introduced mandatory alcohol screening in 2018, officers can now demand a breath sample from any driver who has been lawfully stopped—even if there are no outward signs of impairment. This means that if you are pulled over at a Calgary Check Stop, police can require you to blow into a roadside screening device without needing prior suspicion that you have consumed alcohol.

It’s important to distinguish between routine traffic stops and official impaired drivingcheckpoints. A routine stop may occur if an officer observes a traffic violation such as speeding, running a red light, or failing to signal. During these stops, police may also assess whether the driver is impaired. In contrast, Check Stops are planned operations set up in specific areas of Calgary to target impaired driving.

Regardless of whether you are stopped during a traffic violation or at an official checkpoint, drivers in Calgary are legally required to comply. Even if you have not consumed alcohol or drugs, refusing to provide a breath sample when asked is itself a criminal offence under the Criminal Code of Canada.

Your Rights at an Impaired Driving Checkpoint in Calgary

Even though the Calgary Police Service (CPS) has wide powers to stop drivers at roadside checkpoints, you still have important rights protected under the Canadian Charter of Rights and Freedoms.

First, you have the right to be informed of the reason for the stop. Officers must clearly explain why they are stopping your vehicle and what they are requesting from you. At an official Check Stop, the purpose is usually to check for impaired driving, valid documentation, and overall road safety compliance.

Second, you have the right to legal counsel under section 10(b) of the Charter. If you are detained or arrested—for example, after failing a roadside screening test—you must be informed of your right to speak with a lawyer. Police must also provide you with a reasonable opportunity to contact legal counsel without delay.

However, there are limitations. At the roadside, police can make immediate demands for a breath test or oral fluid drug test before you have the chance to speak to a lawyer. In other words, your right to consult a lawyer is temporarily suspended until after the roadside test is complete.

If you are then taken to a police station or a mobile testing unit for further testing, your rights expand. At that stage, you must be given the opportunity to speak with a lawyer before providing additional samples, such as an evidentiary breath test. The distinction is important: while roadside screening allows for immediate demands, once you are formally detained for investigation, the Charter requires that your rights be fully respected.

For Calgarians, this means you should always comply with roadside demands, but also assert your right to legal counsel if the stop escalates into detention or arrest.

What Calgary Police Can and Cannot Do at Checkpoints

When you encounter an impaired driving checkpoint in Calgary, it’s important to know exactly what the Calgary Police Service (CPS) is legally allowed to do—and where the limits of their authority lie.

Lawful Powers

At a checkpoint, police have the legal right to:

Demand a roadside breath test if you are lawfully stopped, even without signs of impairment.
Request your driver’s licence, vehicle registration, and proof of insurance. You must provide these documents when asked, or risk fines and further penalties.
Make observations about your condition, such as slurred speech, red eyes, or the smell of alcohol or cannabis, which may lead to further testing or detention.

Unlawful Actions

While their powers are broad, there are limits. Police at checkpoints cannot automatically search your vehicle without reasonable grounds. For example, if there is no visible evidence of illegal substances or weapons, and no safety concerns, a search of your car would likely be unlawful. Similarly, officers cannot pressure you into answering unrelated personal questions—you are only required to provide identification and comply with lawful testing requests.

Use of Drug Recognition Experts (DREs) in Calgary

When alcohol isn’t the suspected issue, Calgary Police may rely on Drug Recognition Experts (DREs). If impairment is suspected, you may be required to provide a blood or urine sample for confirmation. DREs are frequently used in Calgary as cannabis and prescription drug-related impairment cases rise.

Consequences of Refusing a Roadside Test in Calgary

In Calgary, refusing to provide a roadside breath or drug test when lawfully demanded is treated as seriously as an actual impaired drivingoffence.

Immediate Licence Suspensions

Under Alberta’s Administrative Licence Suspension (ALS) Program, refusal to take a roadside test leads to an immediate licence suspension. Typically, this includes:

A 90-day suspension where you are prohibited from driving entirely.
Followed by a one-year period where you may only drive with an ignition interlock device installed in your vehicle.

This suspension is automatic and takes effect at the roadside, even before any court hearing.

Vehicle Seizure and Towing

In addition to losing your licence, your vehicle will be seized and towed at your expense. The standard seizure period is usually 30 days, meaning you will be responsible for storage and towing costs, which can add up quickly in Calgary.

Criminal Charges for Refusal

Refusing a test is itself a criminal offence under the Criminal Code of Canada. The consequences are the same as being convicted of impaired driving, which may include:

A minimum fine of $2,000.
A criminal record, which can affect employment, travel, and immigration status.
The possibility of jail time, especially for repeat offenders.
Mandatory education and treatment programs under Alberta’s impaired driving laws.

For Calgarians, the message is clear: refusing a test does not protect you—it puts you in the same legal position as failing one. The combination of immediate administrative penalties and potential criminal consequences makes refusal a very risky choice.

Penalties for Impaired Driving Charges in Calgary

Being charged with impaired driving in Calgary carries serious and long-lasting consequences under both federal and provincial law. Alberta has some of the strictest administrative penalties in Canada, and these apply in addition to the criminal consequences under the Criminal Code of Canada.

Fines, Licence Suspensions, and Ignition Interlock

For a first-time conviction, drivers can expect a mandatory minimum fine of $1,000, along with an automatic one-year licence suspension. After the initial 90-day absolute suspension, many drivers are only permitted to drive if they install an ignition interlock device in their vehicle at their own expense.

Jail Time for Repeat Offences

The penalties increase significantly for repeat offenders. A second conviction carries a minimum 30-day jail sentence, while a third conviction results in at least 120 days in jail. Judges in Calgary courts often impose harsher penalties when aggravating factors are present, such as high blood-alcohol levels, impaired driving with children in the vehicle, or causing an accident.

Impact on Insurance and Travel

An impaired driving conviction also leads to dramatically higher auto insurance premiums in Alberta, with many Calgary drivers finding themselves in high-risk categories for years after the offence. Beyond insurance, a conviction can create international travel restrictions. For example, entering the United States can be extremely difficult with an impaired driving record, as U.S. border officials may treat it as grounds for inadmissibility.

How Calgary Criminal Lawyers Defend Checkpoint Cases

Challenging the Legality of the Stop or Detention

One common defence is to question whether the initial stop or detention was lawful. While Calgary Police have broad authority at checkpoints, mistakes in procedure—such as failing to clearly state the reason for detention—can open the door for a legal challenge. If a judge finds the stop unlawful, any evidence gathered during that stop may be excluded.

Arguing Violations of Charter Rights

Defence lawyers also look for breaches of the Canadian Charter of Rights and Freedoms. For example, if there was an unreasonable delay in granting access to legal counsel after detention, section 10(b) rights may have been violated.

Disputing the Reliability of Roadside Screening Devices

Another key area of defence is the accuracy of roadside screening devices. Lawyers may argue that the device was not properly calibrated, maintained, or operated according to regulations. Environmental conditions—such as cold Calgary winters—can also affect reliability. If the test results are called into question, the Crown’s case may weaken considerably.

Using Alberta Case Precedents

Finally, Calgary defence lawyers often rely on Alberta case law to argue for reduced penalties or dismissal of charges. Precedents from local courts provide powerful examples of how procedural errors, Charter breaches, or unreliable evidence have led to successful defences in similar cases.

Impaired Driving While Sleeping in Your Car: Legal Grey Areas in Calgary

Khalid Akram · August 29, 2025 ·

Sleeping in Your Car After Drinking: Is It Legal in Calgary?

The “Care and Control” Principle

The Criminal Code of Canada sets out the concept of “care and control.” This means that you don’t have to be driving to be charged with impaired driving. If you are found in a position where you could potentially set the vehicle in motion, you may be considered to have “care and control” of the car. For example, sitting in the driver’s seat—even if the engine is off—can be enough to raise suspicion that you might drive while impaired.

Why Being in the Driver’s Seat Matters

In Calgary, police officers are trained to assess whether someone in a parked vehicle still has the ability to put the car in motion. If you are asleep in the driver’s seat with the keys nearby, officers may conclude that you were in “care and control” of the vehicle. This could result in charges for impaired driving, even if your intention was simply to sleep it off.

How Calgary Police Interpret These Situations

Calgary Police Service takes impaired driving seriously, and officers use their discretion when evaluating these cases. Some factors they may consider include:

Whether the vehicle was running or the keys were in the ignition.
Your location inside the vehicle (driver’s seat versus back seat).
The vehicle’s position—such as being parked on a roadside versus a private driveway.
Whether there were realistic risks that you might set the vehicle in motion.

Legal Grey Areas and Court Rulings in Alberta

Case Law Examples from Alberta Courts

R. v. Spracklin (2014, ABQB) – An accused was found asleep in the driver’s seat of a running car at a motel, grossly intoxicated. Initially convicted, the appeal court overturned the decision, ruling that the trial judge had not properly considered that the accused may not have entered the vehicle with intent to drive—as required to establish “care or control.” The presumption can be rebutted if the accused demonstrates no intention to operate the vehicle.
R. v. Mandryk (W.J.) (2013, ABQB) – Handed down by Alberta’s Court of Queen’s Bench, this case involved a man found asleep in the reclined driver’s seat of a running vehicle after being driven to a bar. He was acquitted at trial, with the court believing his testimony that he had no intent to drive and had merely sought warmth. The Crown’s appeal was dismissed, underscoring that intention and realistic risk are decisive.

How Intent, Key Location, and Seating Position Influence Outcomes

Intent to Drive: Alberta cases regularly centre on whether the accused intended to operate the vehicle. In both Spracklin and Mandryk, judges found no intention to drive, and acquittals followed.
Location of the Keys: Under s. 258(1)(a) of the Criminal Code, being in the driver’s seat triggers a presumption of care or control—but it can be rebutted with credible evidence. Simply removing the keys from the ignition may not be enough; courts look to whether the keys were readily accessible, raising the risk of starting the vehicle.
Alibi of Reasonable Risk: The Supreme Court in R. v. Boudreault emphasised that to avoid conviction, the accused must show there was no realistic risk of danger from the situation—for instance, by showing the car was inoperable or that they had arranged alternate transportation. Courts treat a vehicle used for a “manifestly innocent purpose” (like waiting for a ride) more leniently.

Sleeping in the Back Seat vs. the Driver’s Seat

Driver’s Seat: This is deemed the most hazardous—and least defensible—position. Courts maintain that even while asleep, someone in the driver’s seat carries the means and opportunity to operate the vehicle. In such cases, unless the accused strongly rebuts the presumption, the Crown may successfully argue care or control.
Back Seat or Passenger Area: Being positioned away from controls strengthens a defence. The further removed a person is from operating elements—especially without keys or with keys inaccessible—the more plausible it becomes that there was no real risk or intent to drive

Summary Table

Factor	Driver’s Seat (Sleeping)	Back Seat / Keys Removed
Legal Presumption	Strong presumption of care or control	Presumption weakened or absent
Intent to Drive	Often presumed unless clearly rebutted	More likely to be convincingly rebutted
Accessibility of Keys	Keys close → easier Crown argument	Keys removed/distant → stronger defence
Realistic Risk	Higher risk → harder to disprove	Lower risk → much stronger defence
Typical Court Outcome	Higher chance of conviction unless strong defence	Higher chance of acquittal if facts support no risk

Penalties for Impaired Driving in Calgary

Fines, Licence Suspensions & Potential Jail Time under Alberta Law

In Alberta—including Calgary—a variety of penalties apply, depending on the severity and frequency of the offence:

Immediate Roadside Sanctions (IRS WARN) for BAC between 0.05–0.079 or failed sobriety testing:
- First offence: 3-day licence suspension, 3-day vehicle seizure, and a $300 fine + 20% victim surcharge
- Second offence: 15-day licence suspension, 7-day vehicle seizure, $600 + 20% surcharge, plus mandatory Crossroads or Planning Ahead education.
- Third offence: 30-day licence suspension, 7-day seizure, $1,200 + 20% surcharge, and mandatory IMPACT Program.
IRS FAIL (BAC ≥ 0.08 or refusal/failure of testing):
- First instance: Two-stage licence suspension: 90 days total inability to drive, followed by a 12‑month interlock-enabled suspension; 30-day vehicle seizure, $1,000 fine + 20% surcharge, plus Planning Ahead course. Criminal penalties may also apply.
- Second: Similar initial 90-day block, followed by 36 months with interlock, $2,000 fine + surcharge, IMPACT Program, and 30-day seizure.
- Third: 90-day immediate block, then potentially lifetime suspension unless reinstated (possibly after 10 years), $2,000 + surcharge, and 30-day seizure.
Administrative vs Criminal Suspensions:
- Beyond IRS, a criminal conviction under the Criminal Code typically brings further suspensions—1 year for a first offence, 3 years for a second, and 5 years for a third.
- Federally, for a first criminal-level offence, a $1,000 fine and 12-month driving prohibition is standard; repeat offences can lead to 30 days to 120 days in jail, longer prohibitions, and even up to 10 years in severe cases

Insurance Rate Impact in Calgary

A criminal conviction for impaired driving can dramatically elevate your insurance costs:

Insurance premiums may rise by 50% to 100% or more, potentially costing you thousands per year—and these hikes can persist for 3 to 10 years, depending on your insurer and the severity of the charge.
According to Alberta’s Insurance Rate Board:
- A single criminal code conviction can increase premiums by 300%.
- Two convictions: 450%; three: 600%+—with each extra offence compounding the surcharge.
Convictions remain on your insurance record for four years, and continue to influence premiums for three years plus one day after the conviction date.

Criminal Record Consequences & Employment Challenges

Criminal Record Implications:
- A DUI conviction leaves a criminal record, which may affect travel, immigration, and background checks even after insurance impact fades.
Career and Employment Effects:
- Many employers in Alberta—including police, border services, aviation, and government—routinely review criminal records. A DUI conviction can disqualify applicants from careers in law enforcement, frontline government roles, and other positions where trust and security are essential.
- Under Alberta’s “at-will” employment framework, an employer may lawfully dismiss an employee whose DUI violates company policy or impacts job performance. This is especially true in roles involving driving, public trust, or reputational risk.
- Unionized employees may have more protection, but non-union workers are more vulnerable to termination—even for a single incident—if the offence breaches workplace rules or expectations.

Summary Table

Consequence	Details
Fines	$300–$2,000+ depending on occurrence and IRS level
Licence Suspensions	Immediate 3–90 days (IRS) + longer provincial & criminal suspensions (1–5 years)
Ignition Interlock	Required for many post-IRS FAIL suspensions (12–36 months or longer)
Vehicle Seizure	Typically 3–30 days, depending on offence severity
Jail Time	From court-imposed sentences (30–120 days or more), especially for repeat offenders
Insurance Premiums	300%+ increase for a criminal conviction, compounding with further offences
Record & Employment Impact	Criminal record may affect careers, hiring, reputation, and travel

Safer Alternatives to Avoid Impaired Driving Charges

Using Calgary Transit, Taxis, or Rideshare Services

One of the safest and most cost-effective ways to avoid an impaired driving charge in Calgary is to use public or private transportation instead of taking the risk of driving after drinking.

Calgary Transit: With extended service during major events such as the Calgary Stampede and New Year’s Eve, buses and CTrain lines provide affordable and reliable transportation throughout the city. A single adult fare is far cheaper than the thousands of dollars in fines and insurance hikes that follow a DUI conviction.
Taxis: Traditional taxi services remain widely available in Calgary, particularly in downtown and nightlife districts. Stands near Stephen Avenue, 17th Avenue, and the Beltline make it easy to hail a cab at the end of the night.
Rideshare Services: Uber and Lyft operate across Calgary and offer the convenience of booking a ride directly from your smartphone. With upfront pricing, GPS tracking, and multiple service levels, rideshare options are an easy way to ensure you get home safely.

Local Programs: Keys Please and Operation Red Nose

Calgary also benefits from volunteer-based and designated driver programs designed to get both you and your car home safely.

Keys Please: This local service provides a driver to take you and your vehicle home. It’s especially useful if you’ve driven somewhere and later realize you shouldn’t be behind the wheel.
Operation Red Nose: Offered seasonally, typically during the holiday season, this program uses volunteers to provide safe rides to drivers and their passengers. In Calgary, Operation Red Nose partners with local non-profits to ensure residents have a responsible alternative during one of the busiest times of the year for impaired driving arrests.

Designated Driver Options in Calgary Nightlife Districts

Calgary’s nightlife areas, such as 17th Avenue SW, Stephen Avenue, and the Beltline, are hotspots for bars, clubs, and restaurants. Choosing a designated driver is one of the simplest ways to stay safe:

Pre-arrange a sober driver within your group before heading out for the evening.
Many bars and clubs in these areas actively promote designated driver programs, sometimes offering free non-alcoholic drinks to those who commit to driving friends home safely.
If a designated driver isn’t an option, using taxis or rideshare pickup points near these districts makes it easy to leave your car behind and avoid the risk of an impaired driving charge.

What to Do If You’re Charged with Impaired Driving in Calgary

Immediate Steps: Legal Representation and Your Charter Rights

If you are charged with impaired driving in Calgary—even if you were only sleeping in your car—the first and most important step is to seek immediate legal representation. Under the Canadian Charter of Rights and Freedoms, you have the right to:

Remain silent and avoid self-incrimination.
Speak to a lawyer without delay.
Be informed of the reasons for your arrest and the evidence against you.

Exercising these rights from the outset ensures that your case is handled fairly and that any improper police procedures may be challenged later in court. Avoid making statements to police without first consulting with a lawyer.

How a Calgary Criminal Defence Lawyer Can Challenge “Care and Control” Evidence

The cornerstone of many impaired driving cases where the accused was not actively driving is the legal principle of “care and control.” A skilled Calgary criminal defence lawyer can challenge this evidence in several ways:

Intent to Drive: Demonstrating that you had no intention of operating the vehicle—for example, if you had arranged alternate transportation or were using the car simply for shelter.
Location of Keys: Arguing that the keys were not accessible or that the car could not be started, reducing the risk of the vehicle being put in motion.
Position in the Vehicle: Showing that you were not in the driver’s seat, or that your actions did not create a realistic risk of danger.

Local lawyers often use case law from Alberta courts, such as R. v. Spracklin and R. v. Mandryk, to demonstrate that sleeping in a vehicle does not automatically equal care and control if there is no real risk of driving.

Importance of Documenting Circumstances if You Were Only Sleeping

If your impaired driving charge arises from being found asleep in your vehicle, thorough documentation can strengthen your defence:

Take Note of Details: Where the vehicle was parked (private driveway vs. roadside), whether the engine was running, and where the keys were located.
Witness Statements: If friends, family, or others can confirm that you had no intention to drive, their testimony can be critical.
Proof of Alternatives: Evidence such as text messages arranging a ride, transit passes, or receipts for rideshare/taxi services can help demonstrate your intent not to operate the vehicle.

Alberta’s Zero Tolerance Policy: What It Means for Calgary Drivers

Khalid Akram · August 11, 2025 ·

Who Is Affected by the Policy

GDL (Graduated Driver Licence) Drivers

Calgary residents holding a GDL licence—which includes Class 7 (Learner’s) and Class 5-GDL (Probationary)—are strictly prohibited from having any alcohol or drug content in their system while driving. This is in line with Alberta’s broader commitment to road safety for new and inexperienced drivers.

Zero blood alcohol concentration (BAC): Any detectable alcohol can result in an immediate suspension.
Zero tolerance for cannabis and other drugs: Even trace amounts can lead to penalties.
Immediate consequences: Includes a 30-day licence suspension and a 7-day vehicle seizure.
No exemptions: Unlike fully licensed drivers, GDL drivers cannot legally drive with any amount of alcohol or THC in their system, regardless of how small.

Commercial Vehicle Operators

Drivers operating commercial vehicles in Calgary—whether they’re local delivery drivers, truckers, or bus drivers—are held to an even higher standard of sobriety under the Zero Tolerance Policy.

Applies to all commercial classes: Includes Class 1, 2, and 3 licence holders.
Frequent roadside checks: Especially near high-traffic industrial areas like Foothills Industrial Park and commercial routes like Stoney Trail or Barlow Trail.
Drug and alcohol testing: Random or post-incident tests may be administered.
Immediate sanctions: Any amount of alcohol or drugs can lead to licence suspensions and other penalties, even if the substance was consumed off duty.

Given Calgary’s position as a transportation and logistics hub in Western Canada, strict enforcement among commercial drivers is a key component of public safety.

Drivers Under 21

All drivers under the age of 21, regardless of licence class, are subject to the Zero Tolerance Policy. This reflects the province’s focus on preventing impaired driving incidents among young adults—many of whom are still gaining driving experience.

No legal allowance for alcohol or cannabis: Regardless of whether they’re of legal drinking or cannabis consumption age in Alberta.
Applies to both private and public roadways: Enforcement can occur during routine traffic stops or roadside checks.
Campus and nightlife proximity: With several post-secondary institutions like the University of Calgary and SAIT, as well as a vibrant nightlife in downtown Calgary, this policy helps deter unsafe behaviours among young adults.

Substances Covered Under the Law

Alcohol (0.00 BAC Limit)

Under the Zero Tolerance Policy, specific drivers—including GDL holders, commercial drivers, and anyone under 21—must maintain a blood alcohol concentration (BAC) of 0.00% at all times when behind the wheel.

No exceptions: Even one drink can trigger a violation.
Applies across Calgary: Whether you’re driving through downtown, on Crowchild Trail, or in suburban neighbourhoods like Seton or Evanston.
Immediate consequences: Failures may result in a 30-day licence suspension and a 7-day vehicle seizure.

With frequent Checkstops in Calgary—especially around long weekends and festive seasons—GDL and commercial drivers must remain completely sober to stay compliant.

Cannabis and Illegal Drugs

Calgary drivers under Zero Tolerance must also ensure they are entirely free from THC and other illegal substances while driving.

THC (Tetrahydrocannabinol): The psychoactive compound in cannabis is detectable for hours or even days after use, depending on the method of consumption.
Other illegal substances: Cocaine, methamphetamines, and opioids are included in roadside drug screening protocols.
Calgary enforcement: Calgary Police Service (CPS) uses Approved Drug Screening Equipment (ADSE) and can issue immediate penalties based on test results.

With recreational cannabis being legal in Canada, many Calgary residents may assume some level of THC is permitted. But for drivers under Zero Tolerance, any detectable THC is illegal behind the wheel.

Prescription Drugs Affecting Driving

Even legal medications prescribed by a physician can lead to a Zero Tolerance violation if they impair your ability to operate a motor vehicle.

Includes sedatives, anti-anxiety meds, and opioids: Drugs like lorazepam, oxycodone, and certain antihistamines can impair alertness and coordination.
Drivers are responsible: You must ensure that your prescribed medication does not affect your driving ability.
Doctor’s advice is key: Always consult your physician or pharmacist about whether your medications may impair your driving and increase your legal risk.

In Calgary, where commuting long distances is common and road conditions can be unpredictable (especially in winter), impaired driving from prescription drugs remains a serious safety concern.

Penalties for Violations

Immediate Roadside Licence Suspension

The first and most immediate penalty for a Zero Tolerance violation is the automatic suspension of your driver’s licence at the roadside.

30-day suspension: This is standard for a first offence and applies immediately upon testing positive for a prohibited substance.
Enforced on the spot: Calgary Police officers and Alberta Sheriffs are authorized to suspend your licence instantly, with no need for a court conviction.
Impact on employment: For commercial drivers and young professionals in Calgary who rely on their licence for work or school, this can be highly disruptive.

Vehicle Seizure (Up to 30 Days)

In addition to a licence suspension, your vehicle may also be seized and impounded for up to 30 days.

Applies to first-time and repeat offenders: Even one mistake can leave you without your vehicle for a month.
Costs add up: Towing and impound fees must be paid before your vehicle is released.
High-risk areas: Zero Tolerance enforcement is especially active in zones like downtown Calgary, 16 Avenue NW, Macleod Trail, and the Calgary Ring Road.

Monetary Fines and Demerit Points

Violating the Zero Tolerance Policy can also lead to hefty fines and the accumulation of demerit points on your driving record.

Fines vary by violation: Even a first offence can result in several hundred dollars in penalties.
Demerit points: GDL drivers are allowed fewer points before their licence is suspended, meaning one incident could push you over the limit.
Long-term consequences: Insurance premiums can increase dramatically following a violation, especially in Calgary where rates are already among the highest in Alberta.

For many, these financial burdens far exceed the cost of alternative transportation options, like Calgary Transit or rideshare services.

How Calgary Police Enforce the Law

Random Check Stops and Roadside Screening

One of the most common methods used by Calgary Police to enforce the Zero Tolerance Policy is random roadside checks, often referred to as Checkstops.

Frequently set up in high-traffic areas: Locations such as Memorial Drive, Deerfoot Trail, and near entertainment districts like 17th Avenue SW are popular enforcement zones.
No suspicion needed: Officers can stop drivers at random and request roadside breath or drug screening tests.
Especially active during holidays: Long weekends, Stampede season, and festive periods often see an increase in Checkstop programs across the city.

Use of Oral Fluid Drug Screening Devices

In addition to traditional breathalyzers for alcohol detection, Calgary Police now use oral fluid drug screening devices to detect cannabis and other impairing drugs.

Approved Drug Screening Equipment (ADSE): These handheld devices can detect THC, cocaine, methamphetamines, and other drugs through a saliva sample.
Fast results: Officers can obtain results within minutes at the roadside, leading to immediate licence suspension and vehicle seizure if substances are detected.
Legally authorized under federal law: These devices meet standards under Canada’s Cannabis Act and Criminal Code.

Administrative vs. Criminal Consequences

Alberta’s Zero Tolerance Policy is enforced primarily through administrative penalties, which differ from criminal charges in both process and outcome.

Administrative penalties: These include roadside licence suspensions, vehicle impoundments, and fines. They are immediate and do not require a court appearance.
Criminal charges: These may apply if the driver exceeds legal limits or refuses testing. In such cases, the consequences are far more severe, including a criminal record, court proceedings, and possible jail time.
Why this matters in Calgary: The administrative approach allows for faster enforcement, reducing the burden on Calgary’s court system while keeping impaired drivers off the road.

For most Zero Tolerance violations in Calgary, the result is not a criminal record, but the consequences—financial, practical, and reputational—can still be life-altering.

Defending a Zero Tolerance Charge in Calgary

Challenging Test Accuracy or Procedural Errors

One of the most common defences involves challenging the reliability or administration of the roadside tests.

Breathalyzer or drug screening calibration: Devices must be properly maintained and calibrated. If not, the test results may be inadmissible.
Officer error: If Calgary Police failed to follow proper roadside testing protocols or lacked the legal authority to conduct a stop, the results can be contested.
Timing of the test: Delays in testing could affect the accuracy of results, especially with alcohol or short-acting medications.

A skilled DUI lawyer will review whether the CPS followed all procedures under Alberta’s Traffic Safety Act and the Cannabis Act.

Arguing Lawful Medical Use

Drivers who test positive for substances may have a legitimate reason—such as prescription medication use—but that alone doesn’t exempt them under Zero Tolerance rules. However, it can form the basis of a defence in some cases.

Valid prescription: If you were using a legally prescribed medication (e.g., painkillers or anxiety medication), this may explain the test result.
No impairment observed: A defence may argue that, although the substance was present, it did not impair your ability to drive.
Medical cannabis: While still risky under Zero Tolerance, medical documentation and expert testimony may support your case.

Hiring a Calgary Criminal Defence Lawyer

The most effective way to protect your rights is to hire a local Calgary criminal defence lawyer who understands the nuances of Alberta’s Zero Tolerance laws.

Local experience matters: Calgary lawyers are familiar with how CPS conducts roadside stops and how local judges interpret the law.
Help with appeals: A lawyer can guide you through the appeal process if you believe your roadside suspension or vehicle seizure was unjustified.
Negotiating outcomes: In some cases, your lawyer may be able to negotiate reduced penalties or alternative resolutions, especially for first-time offenders.

Look for a defence lawyer in Calgary with experience in impaired driving, drug charges, and administrative penalties—this expertise can significantly impact the outcome of your case.