Calgary DUI Lawyer

Impaired driving or DUI refers to criminal charges of operating a vehicle while impaired from alcohol or drugs, driving over 0.08 and refusing to provide a sample of breath. These charges have serious consequences including significant fines, skyrocketing insurance, incarceration and a criminal record that can impact future travel and employment.

Impaired driving is a highly technical area of law with complex defences. Most often, DUI investigations are conducted on the side of the road at night. This environment frequently leads to significant deficiencies in the police investigation that we are able to exploit at trial.

Our extensive knowledge and experience lead to our clients consistently being found not guilty at trial or having their charges withdrawn.

Impaired Driving Charges in Calgary

Impaired driving occurs when a person’s ability to operate a motor vehicle is impaired by alcohol or drugs. It requires evidence of impairment such as driving pattern, slurred speech, bloodshot eyes, admission of consumption and smell of alcohol on your breath.

Driving Over 0.08

This refers to operating a motor vehicle while having a blood alcohol content of more than 80 milligrams of alcohol per 100 milligrams of blood. The blood alcohol reading is obtained through the use of a police breathalyzer or blood samples taken by a medical professional.

Refusal to Provide Breath Sample

A refusal occurs where a police officer has made for a demand for a sample of breath and a person fails to comply. This can be an outright refusal to provide a sample or a failure to provide a sample despite blowing into the machine.

A refusal charge can occur for a failure to comply with an approved screening device demand, a blood demand or a demand for a sample of breath taken by a breath technician.

Immediate Roadside Sanctions (IRS)

Immediate Roadside Sanctions (IRS) are administrative penalties issued roadside by a police officer to drivers suspected of impaired driving in Alberta. They take effect immediately — before any court appearance or criminal conviction.

Since December 2020, Alberta’s IRS program allows law enforcement to suspend your licence on the spot. Under Mandatory Alcohol Screening laws, an officer carrying an Approved Screening Device (ASD) can demand a breath sample without needing prior reasonable suspicion that you have been drinking. You must comply — refusal is a separate criminal offence under s. 320.15(1) of the Criminal Code.

If you register a “FAIL” on the ASD, a first-time offender faces the following immediate consequences:

• 90-day administrative licence suspension with no driving permitted for the first 3 months
• 30-day vehicle seizure — your vehicle is towed and impounded immediately
• 12-month ignition interlock requirement to resume driving after the suspension period
• No criminal conviction required — a police officer’s allegation alone is sufficient

The IRS is not a criminal charge, but it does not require proof beyond a reasonable doubt. This makes it particularly open to error and abuse. A separate criminal charge for impaired driving or driving over 0.08 may still follow if further roadside testing supports the officer’s assessment.

You have only 7 days from receiving your IRS Notice of Administrative Penalty to file a SafeRoads Alberta review. Missing this deadline means the penalties remain permanently in place.

Penalties for Repeat DUI Offenders in Calgary

Repeat DUI offenders and those charged with serious impaired driving offences in Alberta face significantly harsher consequences — including mandatory criminal prosecution, extended licence suspensions, and in some cases, a lifetime driving ban.

Offenders who commit serious offences — such as impaired driving causing bodily harm or death — bypass the provincial administrative track entirely and are processed through the criminal court system at the Calgary Courts Centre.

For repeat IRS offenders, the penalties escalate sharply:

• Second IRS Offence: Immediate 90-day licence suspension, 30-day vehicle seizure, fine of up to $2,000, and mandatory impaired driving education. Following the initial suspension, an additional 36-month suspension applies — during which an ignition interlock device is required to drive.
• Third or Subsequent IRS Offence: Immediate 90-day suspension, 30-day vehicle seizure, fine of up to $2,000, and mandatory education. After the initial 90 days, you face a lifetime driving suspension. You may only drive if an ignition interlock device remains permanently installed in your vehicle.

How to Beat a DUI Charge in Calgary

A DUI charge in Calgary can be beaten. Impaired driving is one of the most technically complex areas of criminal law, and experienced defence lawyers regularly identify issues with police procedure, breath testing equipment, and Charter rights that lead to charges being withdrawn or dismissed at trial.

Identifying Charter of Rights Violations

The Canadian Charter of Rights and Freedoms protects all Canadians from arbitrary detention and unlawful search and seizure. In DUI investigations, police must have reasonable suspicion before demanding a breath sample and must facilitate your immediate right to legal counsel. If those rights were violated, even procedurally, Cory Wilson can apply to have breath or fluid samples excluded from evidence, significantly weakening the Crown’s case against you.

Challenging Breathalyzer and ASD Accuracy

Technical defences are among the most effective in DUI cases. The maintenance, calibration, and operating timelines of Approved Screening Devices and Intoxilyzer instruments are subject to strict legal requirements. If the Calgary Police Service failed to administer breath tests within the required statutory timelines, or if device maintenance logs reveal calibration errors, those readings can be challenged and excluded from the record entirely.

Challenging an Unlawful Traffic Stop or Detention

Before any breath demand or roadside test can be used against you, the police must have had lawful grounds to stop your vehicle in the first place. In Calgary, police cannot arbitrarily pull over a driver without reasonable and probable grounds.

If the initial traffic stop was unlawful, any evidence gathered as a result, including breath samples, field sobriety test observations, and officer testimony, may be excluded under the Charter. This alone can be sufficient to have DUI charges withdrawn entirely.

Insufficient Grounds for the Initial ASD Demand

Even where a traffic stop was lawful, police must meet a legal threshold before demanding a roadside breath sample on an Approved Screening Device. Under Mandatory Alcohol Screening laws, an officer must be in physical possession of an ASD at the time of the demand and the demand must be made promptly.

If the officer lacked the device, delayed the demand without justification, or failed to follow the required procedure, the ASD result may be inadmissible. Without a valid ASD reading, the Crown’s case can collapse before it reaches trial.

Other Common DUI Defences in Calgary

DUI charges may also be withdrawn or dismissed due to:

• Missing or insufficient evidence
• Unreliable roadside testing
• Breaches in police investigation procedure

Immigration Consequences of a Calgary DUI Conviction

A DUI conviction carries serious immigration consequences that many people are unaware of. Under s. 320.19(1) of the Criminal Code, the maximum penalty for impaired driving is 10 years imprisonment — which classifies it as an offence of “serious criminality” under s. 36 of the Immigration and Refugee Protection Act.

Permanent Residents, Foreign Nationals, and Visitors convicted of a single impaired driving offence may face automatic inadmissibility, loss of status, or deportation.

Charged with a DUI in Calgary? Your Next Step Matters.

A DUI or impaired driving charge can cost you your licence, your job, your ability to travel, and your freedom. The consequences are immediate and the legal process is complex — you should not face it alone.

Cory Wilson is a Calgary DUI lawyer with a proven track record of defending impaired driving charges, including over 0.08, refusal to provide a breath sample, and Immediate Roadside Sanctions (IRS).

DUI law is highly technical, and issues with breath testing, police procedure, and Charter rights all create defences that an experienced DUI lawyer knows how to pursue. Acting quickly, especially within the 7-day IRS appeal window, can be critical to protecting your licence.

If you have been charged with a DUI or impaired driving offence in Calgary or anywhere in Alberta, contact Cory Wilson today for a free, no-obligation consultation. Available 24/7. Call us at 403-978-6052 or contact us directly online for a Free consultation.