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knowledge and experience lead to our clients consistently being found not guilty at trial or having their charges withdrawn.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.
DUI Frequently Asked Questions
What happens immediately after a DUI stop in Calgary?
When police stop you for a suspected DUI in Calgary, they can immediately demand a roadside breath sample using an Approved Screening Device, (ASD), without needing prior reasonable suspicion that you have been drinking. If you fail or refuse, you may receive Immediate Roadside Sanctions (IRS) on the spot, including a 90-day licence suspension and 30-day vehicle seizure, before any court appearance or criminal charge.
Depending on the results of roadside testing, police may also require you to accompany them to the station for further breath testing on an Intoxilyzer. Anything said or done during the stop can be used as evidence, which is why contacting a Calgary DUI lawyer as soon as possible after a DUI stop is critical.
What are Immediate Roadside Sanctions (IRS) in Alberta?
Immediate Roadside Sanctions are penalties are administrative consequences issued under SafeRoads Alberta. They can include licence suspensions, vehicle seizures, fines, and mandatory ignition interlock.
These penalties apply even before you go to court.
How long do I have to appeal an IRS penalty?
You have 7 calendar days from the date you received an Immediate Roadside Sanctions Notice of Administrative Penalty to request a SafeRoads review.
Missing this deadline means the penalty stays in place permanently.
Can I get my licence back after a DUI in Calgary?
Yes, but the timeline depends on the outcome of both your IRS penalties and any criminal charges:
- First 90 days — A “FAIL” IRS results in an absolute driving prohibition. You cannot drive under any circumstances during this period
Months 4–15 — You may qualify for Alberta’s Ignition Interlock Program, allowing you to drive with an interlock device installed - Criminal conviction — A separate court-ordered licence suspension may be added on top of your IRS penalties if convicted
- Second IRS offence — An additional 36-month suspension applies after the initial 90 days
- Third or subsequent IRS offence — A lifetime driving suspension applies, with permanent ignition interlock as the only path to driving again
- 7-day IRS appeal — Filing a SafeRoads Alberta review within 7 days of your Notice of Administrative Penalty is the fastest way to challenge the suspension
Do I have to go to court for a DUI charge?
Yes, if you are facing DUI charges, then you must go to court. Your first court appearance will be scheduled on your release documents (Appearance Notice, Promise to Appear, or Undertaking).
A Calgary DUI lawyer can attend court for you in many cases.
What happens at my first DUI court appearance in Alberta?
The first DUI court date is an administrative step. The court confirms you received disclosure (police evidence), ensures you have legal counsel or time to find one, and schedules follow-up dates.
You should not plead guilty without receiving and reviewing disclosure with a Calgary DUI lawyer.
Should I plead guilty to a DUI charge in Calgary?
No. Never plead guilty to a DUI charge before consulting a Calgary DUI lawyer. A guilty plea to an impaired driving charge in Calgary means:
- A permanent criminal record — which cannot be expunged without a formal pardon. Learn how long a DUI stays on your record.
- Court-ordered licence suspension — on top of any existing IRS penalties already in place
- Fines starting at $1,000 — for a first offence, significantly higher for repeat offences
- Mandatory ignition interlock — required to resume driving after your suspension period
- Skyrocketing insurance rates — which can last years beyond the conviction
- Travel restrictions — a DUI conviction can make you inadmissible to the United States and other countries indefinitely
A Calgary DUI lawyer will review the Crown’s disclosure, identify weaknesses in the evidence, and determine whether the charges can be withdrawn, reduced, or defeated at trial — none of which are possible after a guilty plea.
Will a DUI affect my job in Alberta?
Yes, a DUI charge has the potential to affect your employment. Licensed professionals, commercial drivers, and employees who require driving may face employment consequences. A criminal conviction can also affect future background checks.
Do I need a lawyer for a first DUI in Calgary?
Yes, you need a lawyer for a first DUI in Calgary. A first-time impaired driving conviction in Alberta carries a:
- criminal record,
- heavy fines (starting at $1,000),
- a licence suspension,
- mandatory ignition interlock,
- skyrocketing insurance rates, and
- restrictions on international travel including to the United States.
There is no such thing as a minor first DUI. Even if you blew just over the limit, an experienced Calgary DUI lawyer can review the Crown’s disclosure, identify weaknesses in the evidence, and fight to have charges withdrawn, reduced, or defeated at trial.
How much does a DUI lawyer cost in Calgary?
The cost of a Calgary DUI lawyer varies based on several factors:
- Complexity of the charge — Impaired driving, over 0.08, refusal, and repeat offences each carry different levels of complexity
- Volume of disclosure — Larger evidence packages require more preparation time
- Whether the case goes to trial — Matters resolved earlier in the process are generally less costly
- Flat rate fees — Cory Wilson quotes a fixed flat rate so there are no hidden costs or surprise billings
- Free consultation — Cory Wilson offers a free, no-obligation initial consultation to discuss your case and fees upfront
- Flexible payment plans — No-interest payment plans are available and tailored to your individual budget
What should I do if I’ve been charged with DUI in Calgary?
If you have been charged with a DUI in Calgary, take these steps immediately:
- Preserve all documents — Keep your Notice of Administrative Penalty, release documents, and any paperwork received from police
- Record everything — Write down a detailed account of the traffic stop, officer interactions, and timeline while it is fresh
- Do not miss the 7-day IRS appeal window — You have 7 calendar days from your Notice of Administrative Penalty to file a SafeRoads Alberta review or the penalties become permanent
- Do not plead guilty — Not before consulting a lawyer and reviewing the Crown’s disclosure
- Contact a Calgary DUI lawyer immediately — The sooner you get legal advice, the more options you have
