“DUI” is not a single offence in Canada. In Calgary, an impaired driving stop can lead to three separate Criminal Code charges (impaired driving, driving over 0.08, and refusing a breath or blood demand). It can also result in an Alberta Immediate Roadside Sanction that suspends your licence and seizes your vehicle before you see a courtroom.
KEY TAKEAWAYS
- A single roadside stop can trigger two separate processes: an Immediate Roadside Sanction (IRS) that suspends your licence and seizes your vehicle, and a criminal charge.
- You only have 7 days to request a SafeRoads review of the non-criminal penalty.
- “DUI” is not a Criminal Code term. You can be charged with impaired driving, driving over 0.08, or refusal, and each one is a separate offence.
- A conviction carries mandatory minimums: at least a $1,000 fine on a first offence, 30 days in jail on a second, and 120 days on a third, plus a driving prohibition and a criminal record.
- Non-citizens convicted of a single impaired driving offence can face removal from Canada.
- Most impaired driving matters are resolved before trial through disclosure review, Crown discussions, and Charter applications.
- Common defences include right to counsel breaches, testing equipment problems, insufficient grounds for the breath demand, and a reasonable excuse for refusing.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with impaired driving in Calgary. Clients include lawyers, police officers, professional athletes, executives, teachers, and mechanics.
Cory has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
Cory is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On DUI files, his record includes a client who struck another vehicle at a traffic light, drove away, and was found in her parked car with the engine running. She blew 2.5 times the legal limit and was charged with impaired driving, driving over 0.08, and failing to remain at the scene. Cory filed a Charter notice arguing that police delayed taking her breath samples without reason. The Crown withdrew every charge the next day, leaving the client with no criminal record.
Outcomes like that are built long before trial. DUI cases come down to whether police followed the rules at every step, and the Crown’s willingness to withdraw a charge is shaped by the breaches the defence finds in the officers’ notes, the in-car video, and the breath testing records. Cory reviews every piece of disclosure for those problems and puts them in front of the Crown while the charge can still be withdrawn.
DUI charges arise in a few ways: at a checkstop, after a 9-1-1 call from another driver, after a collision, or when police find someone in a parked car with the engine running. Each one leaves a record of officer notes, video, and breath test results, and each one is a place where the Crown’s case can break. Cory has represented clients stopped after a 9-1-1 call, charged after a collision, found asleep in a running vehicle, and charged with refusing a breath demand. He has found the gaps in each and put them before the Crown or a judge.
If you have been charged with impaired driving or received a roadside suspension, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT COUNTS AS A DUI CHARGE IN CALGARY?
A single roadside stop in Calgary can trigger two separate processes at the same time:
- An administrative penalty called an Immediate Roadside Sanction (IRS). This suspends your licence and seizes your vehicle before you ever see a courtroom.
- A criminal charge, which is usually laid, often alongside the IRS, when aggravating factors are present. These factors include a repeat offence, bodily harm or death, a child in the vehicle, or a refusal to provide a sample.
You can face the IRS penalty, the criminal charge, or both, depending on the facts of your stop.
“DUI” is not a term used in the Criminal Code. Instead, impaired driving covers three separate charges:
|
CHARGE |
WHAT THE CROWN MUST PROVE |
WHERE IT’S SET OUT |
|---|---|---|
| Impaired driving | Your ability to drive was affected to any degree by alcohol or drugs. | Criminal Code, s. 320.14(1)(a) |
| Over 0.08 | Your blood alcohol concentration was 80 mg or more per 100 mL of blood within two hours of driving. | Criminal Code, s. 320.14(1)(b) |
| Refusal | You failed or refused to comply with a lawful breath or blood demand. | Criminal Code, s. 320.15(1) |
To prove impaired driving, the Crown relies on what the officer saw, heard, and smelled. This usually includes your driving pattern, slurred speech, bloodshot eyes, the smell of alcohol, and any admission that you had been drinking. Tiredness, allergies, or nerves can cause some of the same signs, so Cory checks each observation against the video and the officer’s notes.
A refusal charge can follow a roadside screening demand, a blood demand, or a breath technician’s demand, and it covers appearing to blow without giving a proper sample.
Understanding which charge you’re facing shapes the defence strategy that Cory Wilson will use.
WHAT HAPPENS AFTER AN ARREST FOR DUI?
The most serious impaired driving cases, such as those causing bodily harm or death, bypass the administrative track. They go straight to criminal court at the Calgary Courts Centre on 5th Street SW.
Accused drivers are held at the Calgary Police Service Arrest Processing Section at the Spyhill Services Centre until their bail hearing, and at the Calgary Remand Centre if bail is denied.
WHAT HAPPENS IF YOU’RE CONVICTED OF IMPAIRED DRIVING?
A criminal conviction for impaired driving, over 0.08, or refusal is separate from any roadside IRS penalty.
The minimum fine on a first offence depends on the charge and, for over 0.08, on your reading:
|
CHARGE |
MINIMUM FINE (FIRST OFFENCE) |
|---|---|
| Impaired driving | $1,000 |
| Over 0.08: 80 to 119 mg | $1,000 |
| Over 0.08: 120 to 159 mg | $1,500 |
| Over 0.08: 160 mg or more | $2,000 |
| Refusal | $2,000 |
A second or later offence brings mandatory jail, and every conviction carries a driving prohibition:
|
OFFENCE |
MINIMUM JAIL |
DRIVING PROHIBITION |
EARLIEST INTERLOCK PROGRAM |
|---|---|---|---|
| First | None | 1 to 3 years | Right away, unless the judge sets a waiting period |
| Second | 30 days | 2 to 10 years | After 3 months |
| Third or later | 120 days | At least 3 years, with no upper limit | After 6 months |
Alberta’s Ignition Interlock Program sets its own conditions on top of these.
The prohibition is added on top of any jail time. The maximum sentence is 10 years in prison if the Crown proceeds by indictment, or 2 years less a day and a fine of up to $5,000 if it proceeds summarily. A conviction also leaves you with a criminal record, which you avoid only if the charge is withdrawn, dismissed, or reduced first.
Because the maximum is 10 years, impaired driving counts as ‘serious criminality’ under the Immigration and Refugee Protection Act. Non-citizens convicted of a single offence can face removal from Canada.
“Some accused people plead guilty before understanding the potential consequences of a conviction. They think, well, it’s just a DUI, it’s no big deal. But these consequences include driving prohibitions, criminal records, insurance consequences, and other collateral consequences, such as issues with travel or future employment, and immigration status in Canada.”
Cory Wilson, Criminal Defence Lawyer
HOW DOES THE CROWN DECIDE WHAT TO DO?
Calgary prosecutors treat DUI and impaired driving seriously. Under Alberta’s Decision to Prosecute guideline, the Crown continues only if there is a reasonable likelihood of conviction and the case is in the public interest.
The Crown weighs the strength of the evidence. It looks especially at whether the police had lawful grounds for the stop and the breath demand, whether the testing complied with the Criminal Code, and whether it can prove who was driving and when. It also looks at your driving and criminal record, and at the circumstances of the driving, such as a collision or a child in the vehicle.
For a straightforward, provable DUI, the Crown commonly seeks a guilty plea with the Criminal Code consequences, including a fine and a driving prohibition. When the defence finds a real problem with the evidence, that discussion changes.
Possible outcomes include:
- A full withdrawal of the charge.
- A guilty plea to a lesser offence that does not leave a criminal record.
- A guilty plea to the charge with the mandatory minimum sentence.
Any negotiated outcome depends on how strong the evidence is, your record, the circumstances, and the issues the defence raises. Early advice shows which outcome is realistic for you.
“I first conduct a very detailed evidentiary and legal review to determine whether there is a genuine issue concerning the stop, the demand, the testing procedure or the admissibility of the breath or blood evidence. If a material issue exists, it fundamentally changes the way I engage in resolution discussions with the Crown prosecutor, and the way they assess whether they have a reasonable likelihood of conviction and whether they will withdraw the charge.”
Cory Wilson, Criminal Defence Lawyer
WHAT SHOULD YOU DO RIGHT AFTER A DUI CHARGE IN CALGARY?
What you do in the first 24 hours can shape the rest of your case.
If you have been charged, take these steps right away:
- Write down everything you remember. Note details about the stop, the officer’s words, and the timeline while the details are still fresh.
- Do not discuss the incident. Don’t post on social media or speak with anyone other than your lawyer about it.
- Locate your Notice of Administrative Penalty. If you were issued one, note the date you received it. You only have 7 days to request a SafeRoads review.
- Call a Calgary DUI lawyer immediately. Your lawyer may be able to help you challenge both the roadside suspension and the criminal charge.
Taking these steps early gives Cory more to work with when he reviews your case.
HOW CAN CORY WILSON DEFEND YOU?
Most people hire Cory around the time of their first appearance. If you hire him before that date, he attends court for you. He then orders and reviews disclosure, and the case goes to Crown discussions or to trial.
“I reconstruct the investigation minute by minute, from the driving and initial police contact through the roadside screening, detention, demand and seizure of breath or blood samples.”
Cory Wilson, Criminal Defence Lawyer
Cory pulls the full police disclosure, including body-worn camera and in-car video footage. He requests the maintenance records for the testing device used in your case. He then builds a defence around whatever weaknesses the evidence reveals.
He starts by asking three questions:
- Was the investigation lawful? He looks at the stop, the officer’s observations, the screening, the timing, and the grounds for the demand.
- Is the breath evidence reliable and admissible? He looks at the approved instrument, the qualified technician, the timing between samples, calibration checks, system blanks, the consistency of the readings, and the instrument records.
- Can the Crown prove the offence? He looks at who was driving, when they were driving, and when they were drinking.
He has used this approach to get impaired driving, over 0.08, and refusal charges withdrawn for Calgary clients before trial. Where a charge cannot be beaten outright, he negotiates directly with Crown prosecutors. He works to reduce the charge or the penalty. That can protect your licence, your record, and your ability to work and travel.
“People accused of DUI in Calgary often make the mistake of assuming that a breath or blood result means their case is automatically over and they’re not going to have a defence. In reality, a DUI defence requires a careful review of the entire investigation, including the traffic stop.”
Cory Wilson, Criminal Defence Lawyer
WHAT ARE THE MAIN DEFENCES TO A CALGARY DUI CHARGE?
Impaired driving is one of the most technical areas of criminal law.
A handful of defences come up again and again in Calgary DUI cases:
- Right to counsel timing. The right to call a lawyer is suspended during the roadside screening demand. It applies, however, once you are arrested and taken for the evidentiary breath test. If the police violate this right, the evidence can be excluded.
- Equipment accuracy. Approved Screening Devices (ASDs) and Intoxilyzer machines must be maintained, calibrated, and used within strict legal time limits.
- Insufficient grounds for the breath demand. Police can demand a roadside breath sample from any lawfully stopped driver, but they need reasonable and probable grounds for an evidentiary breath demand at the station.
- No fair or final chance to provide a sample. A failed attempt is not always a refusal. If police did not give you a fair chance to blow, including a final chance after warning you, the refusal charge may not hold.
- Consequences not explained. If police did not make clear that refusing is a criminal offence, the court may find that you did not clearly refuse.
- Reasonable excuse for refusal. A refusal charge only applies where there is no reasonable excuse. A medical condition that stopped you from giving a sample, such as asthma or another breathing problem, can defeat the charge. Cory obtains medical records or a report from your doctor to prove it.
These defences depend on the specific facts of your stop. Cory Wilson assesses their suitability during a full review of the police disclosure.
“Inconsistencies between police notes, body-worn camera and other recordings, unexplained gaps in the chronology, or missing and unreliable evidence can create a reasonable doubt or lead to breath or blood samples being excluded by a judge.”
Cory Wilson, Criminal Defence Lawyer
SUCCESSFUL RESULT: IMPAIRED DRIVING CAUSING DEATH CHARGE WITHDRAWN
A client was charged with impaired driving causing death after police alleged he was high when he crashed on a highway, killing another motorist.
Police assumed the driving had happened shortly before they arrived, because the crash was called in just before. They never established when it actually happened. Cory raised this with the Crown and the charge was withdrawn.
As Cory explains:
“After reviewing disclosure, I was able to determine the Crown prosecutor would not be able to prove that my client was impaired at the actual time of driving, because the police had not determined when the driving actually occurred.”
The result? The client walked away with no criminal record.
This is a clear example of why almost no DUI case is a foregone conclusion. Check out more of Cory’s recent DUI cases.
TESTIMONIALS
Here’s what clients have said about Cory.
One of the best lawyers in Alberta
“Cory Wilson is one of the best lawyers in Alberta. If he says he’s going to call or follow up by a certain time, he gets it done. Once you meet with Cory, he will have a plan of action and keep you informed. Cory truly cares about his clients and most of all winning.”
— A.M.
You won’t be disappointed
“Cory is like no other lawyer I’ve dealt with. He was one of the quickest responders to inquiries I have ever seen, and when you talk to him it sounds like he actually cares. He puts in the work on your case, no matter how small, and gets the job done based on what you want as your outcome. He is well, well worth the money if you can, you won’t be disappointed!!”
— T.W.
The best at what he does
“Cory is the Best at what he does. First-class winner. Informative, doesn’t waste his time or yours. Gets the job done. Want results? Look no further. Highly recommended.”
— C.T.E.I.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Impaired driving charges are often laid alongside, or in place of, other driving offences:
- Driving at or over 0.08. Charged when a breath or blood test shows 80 mg or more of alcohol per 100 mL of blood within two hours of driving.
- Refusal to provide a breath sample. Charged when a driver fails or refuses to comply with a lawful breath or blood demand.
- Immediate Roadside Sanctions. Alberta’s administrative penalty, which can apply on its own or alongside a criminal charge.
- Impaired driving causing bodily harm or death. More serious versions of the charge that go straight to criminal court and carry far higher maximum penalties.
- Dangerous driving. Charged when the way a person drove put the public at risk, whether or not alcohol or drugs were involved.
- Hit and run. Charged when a driver leaves the scene of a collision without stopping.
- Driving while disqualified. Charged when a person drives while prohibited from driving or while their licence is suspended.
Cory Wilson defends each of these charges and can explain how they affect your impaired driving case.
FREQUENTLY ASKED QUESTIONS
DO I HAVE A CHANCE?
Every client asks this, and Cory will provide a full and frank assessment once disclosure arrives.
WILL A DUI CHARGE GIVE ME A CRIMINAL RECORD?
Only a conviction creates a record, not the charge itself. An IRS penalty alone does not result in a criminal record, but a guilty plea or conviction on the criminal charge usually does.
CAN I STILL DRIVE WHILE MY CASE IS BEFORE THE COURT?
It depends on your IRS suspension and your bail conditions. An IRS suspension stays in effect even while you appeal it. The court can also prohibit driving as a condition of release while the criminal case is pending.
DO I HAVE TO GO TO COURT FOR A DUI CHARGE?
Yes, but not always in person. If you are facing DUI charges, your first court date will already be listed on your release documents. This might be an Appearance Notice, Undertaking, or Release Order. A Calgary DUI lawyer can attend this appearance on your behalf.
WHAT HAPPENS AT MY FIRST DUI COURT APPEARANCE IN ALBERTA?
Your first DUI court date is mainly administrative. The court checks whether disclosure (the police evidence against you) is ready. The judge also checks that you have a lawyer or time to find one, and sets follow-up dates. You should not plead guilty before reviewing disclosure with a Calgary DUI lawyer.
HOW MUCH DOES A DUI LAWYER COST IN CALGARY?
Costs depend on the complexity of your charge, how much disclosure the Crown provides, and whether your case proceeds to trial. Cory Wilson quotes a flat rate upfront, so there are no hidden costs. He offers a free, no-obligation consultation along with interest-free payment plans tailored to your budget.
WHAT IF I ONLY DRANK AFTER I STOPPED DRIVING?
The over 0.08 charge looks at your blood alcohol level within two hours of driving. You are not guilty if you drank only after you stopped, had no reason to expect police to ask for a sample, and your reading fits being under 0.08 while you were driving.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charges, possible outcomes, defences, and legal fees. We will also explain all the steps ahead, so you know what to expect.
LEGAL REFERENCES
- Operation while impaired, Criminal Code, RSC 1985, c C-46, s 320.14
- Failure or refusal to comply with demand, Criminal Code, RSC 1985, c C-46, s 320.15
- Punishment, Criminal Code, RSC 1985, c C-46, s 320.19
- Testing for presence of alcohol or drug, Criminal Code, RSC 1985, c C-46, s 320.27
- Breath and blood samples as proof of blood alcohol concentration, Criminal Code, RSC 1985, c C-46, s 320.31
- Serious criminality, Immigration and Refugee Protection Act, SC 2001, c 27, s 36
- Impaired driving, Government of Alberta
- Resolve your penalty, SafeRoads Alberta
APPENDIX: CALGARY POLICE DUI CHECKSTOPS AND PATROLS
The Calgary Police Service regularly patrols major routes and busy corridors across the city, especially on weekend evenings and around holidays.
The map below highlights well-known, high-traffic areas where checkstops and patrols are commonly seen. This is general awareness information, not a confirmed schedule or ranking of checkstop locations. Enforcement can occur anywhere in the city at any time.
Know Before You Drive
Where Calgary Police Commonly Run DUI Checkstops and Patrols
Impaired driving enforcement in Calgary is not limited to one neighbourhood. The Calgary Police Service regularly patrols major routes and busy corridors across the city, especially on weekend evenings and around holidays. The map below highlights well-known, high-traffic areas where checkstops and patrols are commonly seen. This is general awareness information, not a confirmed schedule or ranking of checkstop locations: enforcement can occur anywhere in the city at any time. If you were stopped, charged, or issued an Immediate Roadside Sanction near any of these areas, a Calgary DUI lawyer can help you understand what happens next.
Interactive map loading. If it does not appear, JavaScript may be disabled in your browser. The list to the side covers the same locations.
Map data © OpenStreetMap contributors
