Charged with Impaired Driving?

Impaired driving is when a substance, such as alcohol or drugs, impairs your ability to operate a motor vehicle. This charge is found under Section 253(1)(a) of the Criminal Code. To be found guilty, the Crown must be able to prove beyond a reasonable doubt that a person’s ability to operate a motor vehicle was impaired by alcohol or a drug.

If you enter a guilty plea or are convicted of impaired driving, you will face, at the very least, a fine, a one-year driving ban, a criminal record, increased insurance costs and even jail time.

Penalties for a first offence under the IRS program depend if you were suspected of being impaired, if you had a blood alcohol concentration higher or below 0.08, if you refused drug and alcohol testing or if you failed a drug recognition test. In Alberta, penalties can include a licence suspension for an average of one year, a $1,000 fine, higher insurance costs and cross-border implications.

If you are suspected of driving while impaired by alcohol or drugs for the first time, you are subject to a 24-hour driver's licence suspension. The suspension could range from 24 hours to 30 days for subsequent offences.

The Immediate Roadside Sanctions (IRS) program in Alberta is a series of penalties that can be imposed on drivers in cases where alcohol or drugs may have been involved. IRS was released in December 2020. The program reduces delays for impaired driving suspensions and relieves pressure on the justice system. While it is not a criminal charge, you may face a charge separately.

Charges for driving under the influence of drugs or alcohol are serious, and they often require help from an experienced lawyer. In Alberta, driving under the influence results in criminal charges less often, but it can still happen. There is a significant benefit to having a lawyer for either a criminal charge or an IRS. A defence lawyer can help you appeal an IRS. Contact Advocate Law today for a consultation and help on your case.