Charged with Impaired Driving?

Impaired Driving

Operating a motorized vehicle while under the influence of alcohol or drugs and showing signs of impairment or even refusing to provide a breath sample, which is used to determine if you are over the legal limit, could land you with serious charges.

Substances that impair your driving include:

  • Alcohol
  • Drugs/Controlled Substances
  • Medications 

The factors involved in impaired driving charges and sentences constantly expand and change with impaired driving laws. At Advocate Law, we are knowledgeable of all the latest case law and defences.

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Legal Consequences of Driving Under the Influence (DUI) 

If you are found to be driving under the influence of alcohol or a controlled substance, you could face criminal charges and hefty fines. You may also have your driver’s licence suspended, and an Ignition Interlock Device (IID) will be installed in your vehicle. This criminal offence can also land you with increased insurance costs and even jail time.

The severity of the sentence imposed depends on the nature of the offence and if anyone was injured or killed as a result. Subsequent offences and charges against novice drivers could face even steeper consequences.

Impaired driving is a serious offence and can lead to severe consequences if you are convicted. At Advocate Law, our experienced team of criminal defence lawyers is here to provide you with a comprehensive defence and help protect your rights.

Impaired Driving FAQs

What is considered 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.

What is the penalty for impaired driving in Alberta?

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.

What happens when you get a DUI for the first time in Alberta?

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.

How long do you lose your licence for an impaired in Alberta?

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.

What is the Immediate Roadside Sanctions (IRS) program?

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.

Should I get a defence lawyer if I am charged with a DUI?

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.

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How to Get Started Fighting Your Impaired Driving Charges

  1. Contact our team at Advocate Law for a free consultation where we will review your impaired driving charges.
  2. We consider all possibilities to build the most effective defence for your DUI case.
  3. Our team of experienced lawyers is dedicated to helping you beat your charges.

If you have been charged with drunk driving or driving while high, you need to seek the help of an experienced criminal defence lawyer as soon as possible. Advocate Law is here to provide a complete and comprehensive defence. We can assess your case, explain the options available, and advise on how best to proceed. Contact us today for a consultation, and let us start working on your case.

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