Experienced Criminal Lawyers for DUI Offences
Immediate Roadside Sanctions
Recent changes to Alberta law have changed how the Criminal Justice System deals with impaired driving offences. Immediate Roadside Sanctions can have serious consequences, even if not a criminal charge. If you have a prior impaired driving conviction or are involved in a collision causing injury, you may still be charged criminally with impaired driving. Call Capital City Law today so that we can put our knowledge and expertise to work for you.
Impaired Driving Offences
The Criminal Code creates several offences relating to the operation of a conveyance while impaired by alcohol or drugs.
A person may be charged with operating a conveyance while their ability to operate it is impaired to any degree by alcohol, a drug, or a combination of alcohol and a drug.
A person may also be charged with having a blood alcohol concentration that is equal to or exceeds 80 milligrams of alcohol in 100 millilitres of blood within two hours after ceasing to operate a conveyance. This offence is commonly referred to as being “over 80.”
Depending on the circumstances, an individual may face one or more impaired driving-related charges.
Other offences and circumstances covered by Canada’s impaired driving laws include:
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Failing or refusing, without a reasonable excuse, to comply with a lawful demand for a breath, blood, oral fluid or other required sample or evaluation;
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Operating a conveyance while impaired by a drug or a combination of alcohol and a drug;
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Having a prohibited blood drug concentration or combination of alcohol and drug concentrations;
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Impaired operation causing bodily harm; and
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Impaired operation causing death.
The law surrounding impaired driving investigations is highly technical. The circumstances surrounding the traffic stop, police demand, roadside testing, arrest, breath or blood testing, access to counsel and the collection and use of evidence may all be important when defending an impaired driving charge.
In Alberta, the consequences of an impaired driving investigation can begin immediately. A person may face an immediate driver’s licence suspension and other administrative consequences under the IRS program, regardless of whether criminal charges are also laid. These consequences are separate from any sentence that may ultimately be imposed following a criminal conviction.
Sentences for Impaired Driving Offences
A conviction for an impaired driving offence can result in serious criminal penalties, including a fine, driving prohibition, imprisonment and a criminal record.
For a first impaired driving offence, the Criminal Code generally provides for a minimum fine of $1,000. However, higher minimum fines apply in certain circumstances.
The Criminal Code also generally requires the Court to impose a driving prohibition following a conviction for impaired operation or refusal. The minimum prohibition is generally:
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One year for a first offence;
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Two years for a second offence; and
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Three years for each subsequent offence.
For a second impaired driving offence, the Criminal Code provides for a minimum sentence of 30 days imprisonment. Each subsequent offence carries a minimum sentence of 120 days imprisonment.
More serious circumstances can result in significantly greater penalties, including longer driving prohibitions, larger fines and periods of imprisonment. Alberta may also impose separate provincial licensing and administrative consequences.
You’re entitled to competent legal representation
Anyone accused of an impaired driving offence is entitled to have competent, experienced legal representation to assist them through the entire criminal process. If charged, the impaired driving lawyers at Capital City Law will help you determine the best course of action to deal with your impaired driving charge.
For some accused persons, a resolution may be available that avoids a criminal conviction. In other cases, there may be legal, evidentiary or Charter issues that provide a defence to the charge.
A person who receives an Immediate Roadside Sanction may also have grounds to challenge the sanction through Alberta’s administrative review process. Strict timelines apply, making it important to obtain legal advice as soon as possible.
At Capital City Law, we carefully review the circumstances surrounding your arrest and charges. If there are issues with the Crown Prosecutor’s evidence, or if your Charter rights have been violated, it may be possible to avoid a criminal record and restore your driving privileges.
We at Capital City Law have the skill and experience necessary to protect your rights and to help you make the tough decisions respecting your impaired driving charge. Please contact us today to speak with one of our experienced criminal lawyers to discuss how we can immediately help you.
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The impaired driving law is one of the most complex areas in criminal law. At Capital City Law, our criminal lawyers have over 50 years of combined experience in successfully fighting for clients who are charged with impaired driving offences.
In Alberta, a person may also face significant provincial consequences under Alberta’s Immediate Roadside Sanctions (IRS) program, separate from any criminal charge.