Impaired Driving

Understanding Impaired Driving Laws for Commercial Drivers in Calgary

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

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

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

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

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

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

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

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

Criminal Code of Canada (Federal Law)

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

Alberta’s Immediate Roadside Sanctions (IRS) Program

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

How Impaired Driving Is Detected for Commercial Drivers in Calgary

Roadside Screening and Breathalyzer Tests: How Police Assess Alcohol Impairment

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

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

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

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

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

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

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

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

Standardized Field Sobriety Test (SFST)

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

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

Drug Recognition Expert (DRE) Evaluation

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

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

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

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

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

When Are Blood Tests Ordered?

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

Legal Limits for THC in Blood Tests

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

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

Penalties for Commercial Drivers Charged with Impaired Driving

Licence Suspensions: How Long Commercial Drivers Lose Their Driving Privileges

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

First Offence (Administrative Penalty) – Zero-Tolerance Violation

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

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

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

Second Offence

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

Third Offence or More

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

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

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

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

First Criminal Offence (BAC 0.08% or Drug Impairment)

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

Second Offence

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

Third Offence

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

Aggravating Factors Leading to More Severe Penalties

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

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

Vehicle Impoundment: How Long a Commercial Vehicle Can Be Seized

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

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

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

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

Employment Consequences

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

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

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

Potential Job Loss and Challenges in Securing Future Employment

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

Employer Liability and Company Policies on Impaired Driving

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

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

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

Defences for Commercial Drivers Accused of Impaired Driving

Challenging the Accuracy of Breath and Drug Tests

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

Breathalyzer Inaccuracies

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

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

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

Drug Testing Issues (Oral Fluid & Blood Tests)

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

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

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

Examining Procedural Errors by Law Enforcement

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

Examples of Law Enforcement Errors:

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

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

Medical Defences and Prescription Medications

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

Common Medical Defences:

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

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

Violation of Rights Under the Canadian Charter of Rights and Freedoms

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

1. Section 8 – Right to Be Free from Unreasonable Search and Seizure

1. A driver cannot be subjected to random searches without reasonable suspicion.
2. Unlawful blood or saliva sample collection can result in evidence being thrown out.
3. Section 9 – Right Not to Be Arbitrarily Detained

2. If a driver is stopped without reasonable cause, the detention may be illegal.
3. Delays in testing may invalidate BAC or drug test results.
4. Section 10(b) – Right to Legal Counsel

3. Drivers must be informed of their right to a lawyer immediately after being detained.
4. If police fail to provide access to a lawyer, the case could be dismissed.
5. Section 11 – Right to a Fair Trial
6. The accused has the right to a timely trial. Unreasonable delays could result in charges being dropped.

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

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

Why Commercial Drivers Need Legal Representation Immediately

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

Key Reasons to Hire a Lawyer Immediately:

1. Immediate Licence Suspension and CDL Consequences

1. Alberta’s Immediate Roadside Sanctions (IRS) program can result in instant licence suspensions, even before a conviction.
2. A lawyer can challenge the administrative suspension and, in some cases, help reinstate limited driving privileges.
3. Strict Employer Policies and Job Loss Risks

2. Most trucking and commercial transport companies terminate drivers with impaired driving charges.
3. A lawyer can negotiate with the prosecution to reduce charges or seek alternative resolutions to help the driver maintain employment.
4. Preventing a Criminal Record

3. A criminal conviction can permanently impact a commercial driver’s career, making it nearly impossible to find work.
4. An experienced lawyer will explore defences to avoid or minimize the conviction.
5. Navigating Alberta’s Complex Legal System

4. Impaired driving laws involve both federal and provincial regulations, which can be complex and difficult to understand.
5. A lawyer will handle all legal proceedings, ensuring that the driver’s rights are protected at every stage.

Strategies for Reducing Penalties or Avoiding a Conviction

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

1. Challenging the Legality of the Traffic Stop

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

2. Disputing the Accuracy of Breath and Drug Tests

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

3. Identifying Procedural Errors in the Arrest

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

4. Negotiating a Plea Deal to Reduce Charges

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

5. Seeking Alternative Sentencing Options

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

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

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

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

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

1. Fighting Licence Suspensions in Court
2. A lawyer can challenge the IRS administrative suspension, potentially reinstating the driver’s CDL sooner.
3. Negotiating with the Prosecutor
4. In some cases, a lawyer can work out a deal to reduce charges so the driver avoids a permanent CDL suspension.
5. Helping with Employment Appeals
6. If a driver is terminated, a lawyer can assist with appealing the dismissal or negotiating with the employer for alternative disciplinary actions instead of termination.
7. Preventing Insurance Rate Increases

4. Impaired driving convictions cause major spikes in insurance costs, making it difficult for commercial drivers to find work.
5. If a lawyer can get the charge dropped or reduced, it helps keep insurance rates lower.