Impaired Driving

How Calgary Lawyers Defend Impaired Driving Charges

Khalid Akram · January 21, 2025 ·

Defending Impaired Driving Charges in Calgary

Impaired driving is a serious offence in Calgary and across Canada. Governed by the Criminal Code of Canada, impaired driving refers to operating a motor vehicle while your ability to drive is compromised by alcohol, drugs, or a combination of both. In Alberta, this includes not only traditional vehicles like cars and trucks but also motorcycles, boats, and even e-scooters when used in public spaces.

Alcohol-Impaired Driving

Alcohol-impaired driving occurs when a driver’s blood alcohol concentration (BAC) exceeds the legal limit of 80 milligrams of alcohol per 100 millilitres of blood (0.08). However, drivers can face penalties if their BAC falls between 0.05 and 0.079 under Alberta’s Immediate Roadside Sanctions (IRS) program, often referred to as the “warn range.”

Drug-Impaired Driving

With the legalization of cannabis in Canada, drug-impaired driving has garnered increased scrutiny. Drivers can be charged if found operating a vehicle with THC (the psychoactive component in cannabis) levels exceeding the prescribed limit or if they are impaired by prescription or illicit drugs. The penalties mirror those for alcohol-impaired driving, emphasizing the need for caution when using any substances.

Penalties for Impaired Driving in Alberta

Impaired driving carries severe penalties in Calgary and throughout Alberta, with consequences escalating for repeat offences or higher levels of impairment. These penalties include:

First Offence:
- Minimum fine of $1,000.
- Licence suspension of 90 days, followed by participation in Alberta’s Ignition Interlock Program for one year.
- Completion of a mandatory “Planning Ahead” course at the driver’s expense.
Second Offence:
- Jail term of at least 30 days.
- Longer licence suspension and extended interlock requirements.
- Participation in a more intensive “Impact” program.
Third and Subsequent Offences:
- Minimum jail term of 120 days.
- Potential lifetime driving ban in Alberta.
- Substantial fines and court costs.

In addition to these criminal penalties, drivers may face additional provincial sanctions under Alberta’s SafeRoads Program, which imposes immediate roadside suspensions and vehicle seizures for suspected impaired drivers.

The Role of a Calgary Defence Lawyer

Facing an impaired driving charge can be overwhelming, but a skilled Calgary defence lawyer plays a crucial role in ensuring that your rights are protected and the best possible outcome is achieved. Here’s how they approach such cases:

Evaluating the Circumstances of the Arrest

A Calgary defence lawyer begins by thoroughly reviewing the details of the arrest to identify any procedural errors or potential violations of your legal rights. Key areas of focus include:

Lawful Traffic Stop: Was the police officer justified in stopping your vehicle? Under Canadian law, officers must have reasonable suspicion of impairment or a valid reason, such as a traffic violation, to initiate a stop.
Administration of Tests: Were the roadside screening and subsequent breathalyzer or drug tests conducted in compliance with the law? Defence lawyers examine whether the tests were administered correctly and within the required timeframes.
Charter of Rights Violations: Any breach of the Canadian Charter of Rights and Freedoms, such as failure to inform you of your right to legal counsel, can be grounds for challenging the case.

Tailoring a Defence Strategy to the Case

Each impaired driving case is unique, requiring a personalized defence strategy. A Calgary defence lawyer carefully evaluates the evidence and circumstances to develop a tailored approach. Common defence strategies include:

Questioning Test Accuracy: Lawyers may challenge the reliability of breathalyzer or drug screening results, arguing that improper calibration, contamination, or delays impacted the results.
Rising Blood Alcohol Defence: This strategy argues that your BAC was below the legal limit while driving but rose afterward due to the body’s alcohol absorption process.
Medical or Prescription Drug Factors: If impairment is alleged due to prescription drugs, lawyers may present evidence that the medication was taken as prescribed and did not impair your ability to drive.

Highlighting Local Knowledge

A Calgary defence lawyer’s familiarity with the city’s courts and legal system provides a significant advantage. This local knowledge includes:

Relationships with Crown Prosecutors: Experienced lawyers often have professional relationships with Calgary’s Crown attorneys, allowing them to negotiate plea deals or reduced charges more effectively.
Understanding of Local Judges’ Expectations: Lawyers familiar with Calgary’s judges know how to tailor arguments and present cases in a way that resonates with the court’s preferences.
Navigating Alberta’s Unique Programs: Alberta’s SafeRoads Program and Ignition Interlock Program have specific requirements that a Calgary lawyer can help you navigate, potentially reducing penalties or avoiding harsher consequences.

Common Defence Strategies for Impaired Driving Cases

When facing impaired driving charges in Calgary, a robust defence strategy is essential to challenge the evidence and protect your rights. Calgary defence lawyers often employ various strategies, depending on the circumstances of the case.

Challenging the Validity of Breathalyzer and Blood Tests

Breathalyzer and blood tests are central to many impaired driving cases, but their accuracy can be disputed.

Testing Procedures and Calibration Issues:
Defence lawyers scrutinize whether the breathalyzer device was properly calibrated and maintained. Alberta law mandates regular checks and maintenance for testing equipment; failure to adhere to these standards can undermine the validity of the results.
Legal Requirements for Administering Tests:
Lawyers ensure that all tests were conducted within the legal timeframes and in accordance with Canadian law. Delays in testing or failure to follow procedural requirements can lead to evidence being excluded.
Use of Expert Testimony to Dispute Test Results:
Defence lawyers may call upon forensic toxicologists to analyze the test results, highlighting potential inaccuracies or alternative explanations for the findings. This can create reasonable doubt about the validity of the prosecution’s evidence.

Challenging the Legality of the Traffic Stop

A lawful traffic stop is a prerequisite for any impaired driving charge. Lawyers will question whether the police officer’s actions were justified.

Questioning the Police Officer’s Reasonable Grounds for the Stop:
Under the Criminal Code of Canada, officers must have reasonable suspicion to pull over a driver. If the officer lacked valid grounds, any evidence obtained during the stop could be inadmissible.
Exploring Violations of Charter Rights:
Defence lawyers examine whether the traffic stop violated your rights under the Canadian Charter of Rights and Freedoms, such as the right to be free from arbitrary detention or the right to counsel. Charter breaches can result in the case being dismissed.

Addressing Procedural Errors

Police and prosecutors must follow strict protocols when handling impaired driving cases. Procedural errors can significantly weaken the prosecution’s case.

Investigating Errors in Arrest Procedures:
Defence lawyers assess whether officers followed proper arrest protocols, including informing you of your rights and ensuring access to legal counsel. Failure to do so can lead to evidence being excluded.
Violations During the Arrest or Testing Process:
If officers acted improperly during testing, such as by coercing a test or failing to explain its purpose, this could form the basis for a strong defence.

Alternatives to Fighting the Charge

In some cases, rather than pursuing a full defence against an impaired driving charge, exploring alternatives may be the best course of action.

Plea Bargains and Reduced Charges

A plea bargain involves negotiating with the Crown prosecutor to reduce the severity of the charge or penalties in exchange for a guilty plea.

Avoiding a Criminal Record:
In certain cases, especially for first-time offenders, a lawyer may negotiate for the charge to be reduced to a lesser offence, such as careless driving under Alberta’s Traffic Safety Act. This option can help clients avoid a criminal record and its associated consequences.
Reduced Penalties:
Plea bargains may also lead to reduced fines, shorter licence suspensions, or limited participation in mandatory programs. Defence lawyers leverage their relationships with Crown prosecutors to advocate for favourable outcomes.

Enrolling in Alberta’s Immediate Roadside Sanction (IRS) Programs

Under Alberta’s Immediate Roadside Sanctions (IRS) Program, individuals charged with impaired driving may face administrative penalties without going through the traditional court process. While these sanctions are serious, they offer alternatives to criminal convictions.

Benefits of IRS Programs:
These programs can resolve cases more quickly, avoiding lengthy trials. They include penalties such as licence suspensions, vehicle seizures, and participation in the Ignition Interlock Program.
Appealing IRS Sanctions:
Defence lawyers can assist clients in appealing the sanctions if procedural errors or mitigating circumstances exist. This can result in reduced penalties or alternative resolutions.

Mitigating Penalties through Rehabilitation Programs or Voluntary Actions

Proactive steps can demonstrate accountability and a commitment to rehabilitation, potentially influencing sentencing or plea negotiations.

Completing Education or Rehabilitation Programs:
Programs such as Alberta’s “Planning Ahead” and “Impact” courses help offenders understand the consequences of impaired driving and reduce the likelihood of reoffending. Voluntary enrolment before sentencing can reflect positively on the accused.
Voluntary Licence Suspensions or Community Service:
Taking steps such as voluntarily surrendering a licence or completing community service may demonstrate responsibility and encourage leniency in sentencing.
Counselling for Substance Use Issues:
If substance use contributed to the offence, seeking counselling or treatment can help mitigate penalties and show a commitment to addressing the underlying issue.

Why Local Expertise Matters in Calgary

Selecting a Calgary-based impaired driving lawyer for an impaired driving charge provides unique advantages that can significantly influence the outcome of your case.

Advantages of Choosing a Calgary-Based Lawyer

A lawyer with a local practice brings invaluable insights and connections that can work in your favour:

Familiarity with Local Courts and Procedures:
Calgary-based lawyers understand the specific processes and expectations of the local courts, including the nuanced preferences of judges and the administrative protocols. This knowledge allows for more effective representation.
Established Relationships with Crown Prosecutors:
Lawyers practising in Calgary often have professional relationships with Crown prosecutors. These relationships can facilitate constructive negotiations for plea bargains or reduced charges, potentially avoiding harsher penalties.
Accessibility and Support:
Local lawyers are readily available for court appearances and client meetings, ensuring efficient communication and representation throughout the case.

Insights into Local Legal Precedents

Experienced Calgary defence lawyers are well-versed in local legal precedents that may impact your case.

Understanding Recent Rulings:
Alberta’s impaired driving laws and their enforcement evolve over time. Local lawyers stay updated on recent court decisions in Calgary and Alberta that could affect the interpretation of evidence or the application of penalties.
Tailoring Defence Strategies to Local Trends:
By analyzing the outcomes of similar cases in Calgary, lawyers can craft defence strategies that align with local judicial practices. This targeted approach increases the likelihood of a favourable resolution.

Importance of Understanding Alberta-Specific Impaired Driving Regulations

Alberta’s impaired driving laws include distinct provisions, such as the Immediate Roadside Sanctions (IRS) Program, which operates differently from other provinces. A Calgary-based lawyer’s familiarity with these regulations is critical.

Navigating Alberta’s Administrative Penalties:
Local lawyers understand how to navigate Alberta’s SafeRoads Alberta system, which administers roadside sanctions for impaired driving offences. They can help clients appeal sanctions or minimize their impact.
Advising on Provincial Programs and Requirements:
Lawyers with local expertise can guide clients through programs like the Ignition Interlock Program, ensuring compliance with Alberta’s specific requirements to regain driving privileges.
Awareness of Calgary-Specific Enforcement Practices:
Police in Calgary may conduct impaired driving checkpoints or roadside tests differently than in other parts of Canada. Local lawyers are familiar with these practices and can identify potential procedural errors in the case.

Understanding the Impaired Driving Legal Process in Calgary

Khalid Akram · August 22, 2024 ·

What Constitutes Impaired Driving in Calgary?

Legal Definition of Impaired Driving

In Calgary, the legal definition of impaired driving extends beyond simply having a blood alcohol concentration (BAC) above the legal limit of 0.08 percent. It encompasses any instance where a driver’s ability to operate a vehicle is compromised due to the influence of alcohol, drugs, or a combination of both.

Explanation of Impaired Driving under Calgary’s Laws

Impaired driving in Calgary is primarily detected through roadside sobriety tests, breathalyzers, and blood tests. These tests determine whether a driver’s physical or cognitive functions are impaired while operating a vehicle. It’s important to note that even if a driver’s BAC is below 0.08 percent, they can still be charged with impaired driving if their ability to drive is deemed unsafe by law enforcement based on observed behaviors or evidence of impairment.

Distinction between Alcohol-Impaired and Drug-Impaired Driving

While both alcohol-impaired and drug-impaired driving are treated as serious offenses, there are notable distinctions in how they are identified and prosecuted:

Alcohol-Impaired Driving: This form of impaired driving is typically identified through the use of a breathalyzer test, which measures the amount of alcohol in one’s breath. Drivers who test at or above the legal BAC limit are subject to immediate penalties, including license suspension and possible vehicle impoundment.
Drug-Impaired Driving: Identifying drug impairment can be more complex than alcohol detection. It often involves evaluations by Drug Recognition Experts (DREs) who are trained to recognize signs of drug use. Tests might include field sobriety tests, saliva tests, and in some cases, blood tests.

Immediate Consequences of an Impaired Driving Charge

Administrative Penalties

When charged with impaired driving in Calgary, the immediate repercussions begin with administrative penalties that are enforced even before a court date is set.

Overview of Immediate Penalties

One of the first administrative actions taken following an impaired driving charge is the suspension of the driver’s license. This suspension can occur on the spot, depending on the results of a breathalyzer test or the assessment of a law enforcement officer. In cases where the BAC is found to be over the legal limit, or if the driver refuses to comply with a breath test, the license can be suspended immediately for a significant period.

Alberta’s Immediate Roadside Sanctions (IRS) Program

The Immediate Roadside Sanctions (IRS) program in Alberta is a critical component of the province’s approach to handling impaired driving. This program allows law enforcement officers to issue immediate and substantial penalties at the roadside to drivers who fail or refuse to provide a breath sample, or who are caught driving with a BAC exceeding the legal limit.

Key features of the IRS program include:

Immediate License Suspension: Drivers face an immediate license suspension which can last from several months to over a year, depending on the severity of the offense and any previous history of impaired driving.
Mandatory Education or Treatment Programs: Depending on the circumstances, individuals may be required to participate in educational or treatment programs focusing on substance abuse and safe driving practices.
Monetary Fines and Fees: Significant fines and fees are imposed, which can escalate with subsequent offenses.

The Legal Process after Being Charged

Step 1: Arrest and Initial Court Appearance

What Happens During an Arrest for Impaired Driving

When an individual is arrested for impaired driving in Calgary, they will typically undergo a series of procedural steps beginning with the arrest itself, which involves being taken into custody based on evidence of impairment. Following the arrest, the individual is usually taken to a police station for further testing, booking, and formal charging.

The Process of an Initial Court Appearance in Calgary

After an arrest, the accused will face an initial court appearance, or a bail hearing, depending on the severity of the charge. This appearance is crucial as it sets the tone for legal proceedings. It is during this time that the court will outline the charges, and the accused will have an opportunity to apply for bail. This stage is often the first opportunity for the accused’s lawyer to interact with the judicial system on their behalf.

Step 2: Disclosure of Evidence

What Evidence Will Be Provided to the Defense

The prosecution is required to provide the defense with all relevant evidence in the case, which may include police reports, witness statements, results of breathalyzer tests, and video footage from the arrest. This disclosure allows the defense to fully understand the case against them and prepare an appropriate defense strategy.

Importance of Reviewing Evidence with a Calgary Impaired Driving Lawyer

Reviewing the evidence with a knowledgeable Calgary impaired driving lawyer is vital. The lawyer can identify weaknesses or procedural errors in the prosecution’s case, such as issues with how evidence was collected or potential breaches of rights during the arrest.

Step 3: Pre-Trial Motions and Hearings

Potential Pre-Trial Motions That May Be Filed

Pre-trial motions can address a variety of legal issues, including the admissibility of evidence, the possibility of suppressing certain information, and other procedural matters.

Importance of These Hearings in Shaping the Trial Strategy

The outcomes of these hearings may determine the scope of the trial or even result in a dismissal of charges if significant procedural errors are uncovered. This phase is crucial for shaping the defense strategy and potentially negotiating plea deals.

Step 4: The Trial Process

Overview of the Trial Process

The trial process for impaired driving in Calgary may include jury selection (if a jury trial is opted for), opening statements by both the prosecution and defense, the examination and cross-examination of witnesses, presentation of evidence, and closing arguments.

Role of a Calgary Impaired Driving Lawyer During the Trial

A Calgary lawyer plays an essential role in defending the accused during the trial. They are responsible for challenging the prosecution’s evidence, presenting alternative interpretations of the facts, and advocating on behalf of the client to achieve the best possible outcome, whether that is a reduction of charges, acquittal, or a lighter sentence.

Potential Defenses against Impaired Driving Charges

Challenging the Evidence

One effective defense strategy is to challenge the reliability and accuracy of the breathalyzer tests. Factors such as improper calibration, operator errors, or even the individual’s medical conditions can affect the results. Additionally, the legality of the initial traffic stop can be contested. If it can be demonstrated that there was no reasonable cause for the stop, any evidence gathered as a result could be deemed inadmissible in court.

Legal Defenses

Several legal defenses can be applicable in cases of impaired driving, including:

Necessity: This defense might apply if the driver was compelled to operate the vehicle under circumstances that would justify the illegal action. For example, driving under the influence might be considered necessary if it was done to avoid a greater harm, such as escaping from a serious threat.
Duress: Duress involves situations where the defendant was coerced into driving while impaired, possibly under threat of violence or serious harm. Proving duress requires demonstrating that the individual had a well-founded fear of imminent danger and no other viable alternatives.
Involuntary Intoxication: If the defendant was unknowingly intoxicated, perhaps through spiked drinks or mistaken consumption of substances, they might claim involuntary intoxication. This defense argues that the accused did not have the intent to drive impaired as they were unaware of their intoxicated state.

Consequences of a Conviction

Criminal Penalties

Possible Penalties Upon Conviction, Including Fines, Jail Time, and a Criminal Record

Upon conviction for impaired driving, the penalties can be stringent. These may include:

Fines: Financial penalties for impaired driving can be substantial, designed to serve as a deterrent against future offenses.
Jail Time: Depending on the severity of the offense and whether it is a first or subsequent offense, jail time could range from a few days to several years.
Criminal Record: A conviction results in a criminal record, which can have lifelong ramifications, affecting various aspects of one’s life and livelihood.

Impact on Driving Privileges and Insurance Rates

A conviction typically leads to a suspension or revocation of driving privileges, which can vary in length depending on the specifics of the case and previous driving history. Additionally, insurance rates are likely to increase significantly, as insurers will view an individual with an impaired driving conviction as a high-risk driver.

Long-Term Consequences

The long-term consequences of an impaired driving conviction extend beyond legal penalties and financial costs:

Employment: Certain professions, particularly those involving driving or high levels of responsibility, may be closed to individuals with a criminal record. Moreover, current employment could be jeopardized if the job requires a clean driving record.
Travel: Travel restrictions can also arise, as some countries, including the United States, may deny entry to individuals with a criminal record, especially for offenses related to impaired driving.
Personal Reputation: The social stigma associated with a criminal conviction can lead to lost personal and professional relationships, affecting social standing and community ties.