Liberty Law: Your Edmonton Impaired Driving Defence Team

Impaired driving offences under the Criminal Code carry significant consequences. However, a charge or roadside sanction does not automatically mean conviction. Understanding Alberta’s process is the first step in protecting your rights.

If you are facing impaired driving allegations, the experience can feel immediate and overwhelming. Liberty Law best impaired driving lawyer edmonton assists drivers across Edmonton and surrounding communities in responding strategically to these serious allegations.

The Immediate Moment: What Happens at a Roadside Stop

Your Rights During a Traffic Stop

Police may conduct lawful traffic stops under provincial legislation, including random stops for sobriety and licence checks.

Under the federal Mandatory Alcohol Screening provisions of the Criminal Code, if you are lawfully stopped, a police officer may demand a roadside breath sample using an Approved Screening Device, even without individualized suspicion.

Refusing a lawful demand is a criminal offence and carries serious consequences.

Even during a roadside investigation, you retain important Charter rights:

The right to be informed promptly of the reason for your detention
The right to retain and instruct counsel without delay upon detention or arrest
The right to be free from unreasonable search and seizure

After a roadside demand or arrest, you must be given an opportunity to contact a lawyer before further breath testing at a police station, subject to limited exceptions.

Administrative Sanctions and Criminal Charges

Immediate Roadside Sanctions System

An Immediate Roadside Sanctions, IRS, regime for many impaired driving cases.

If a driver registers a FAIL on a roadside screening device, they may receive immediate administrative penalties, including:

Immediate licence suspension
Vehicle seizure and impoundment
Monetary penalties
Mandatory participation in provincial programs

In many first time situations, this process proceeds administratively rather than through a criminal charge.

However, criminal charges under the Criminal Code may still be laid, particularly in cases involving:

Refusal to provide a sample
Collisions causing injury
Prior impaired driving history
Elevated readings
Aggravating circumstances

If charged criminally, your matter will typically proceed in the Alberta Court of Justice.

Potential Defences in Impaired Driving Cases

Every case turns on its specific facts.

An experienced impaired driving lawyer in Edmonton will examine issues such as:

Lawfulness of the Stop and Demand

Was the initial stop lawful? Was the breath demand made in compliance with Criminal Code requirements?

Breath Testing Procedure

Were proper testing procedures followed? Were the Approved Instruments properly maintained and operated?

Charter Compliance

Were you given timely access to counsel under section 10(b) of the Charter? Was there an unreasonable search under section 8? Was your detention arbitrary under section 9?

Where Charter breaches occur, courts may exclude evidence in appropriate circumstances.

Two Hour Rule and Alcohol Absorption Issues

Current Criminal Code provisions create liability where a driver’s blood alcohol concentration exceeds the legal limit within two hours of driving, subject to limited statutory exceptions. These cases require careful legal analysis and are highly fact specific.

A thorough review of disclosure is essential before assessing the strength of any defence.

Criminal Penalties for Impaired Driving

Where a criminal conviction occurs, the Criminal Code sets mandatory minimum penalties:

Offence	Minimum Penalty	Driving Prohibition
First Offence	$1,000 fine	Minimum 1 year prohibition
Second Offence	30 days imprisonment	Minimum 2 year prohibition
Third Offence	120 days imprisonment	Minimum 3 year prohibition

Additional consequences may include:

Eligibility requirements under Alberta’s Ignition Interlock Program
Increased insurance costs
Employment impacts
Travel restrictions, including to the United States

Sentencing courts may impose higher penalties depending on aggravating factors.

Conclusion

Impaired driving allegations are serious, whether addressed through Alberta’s Immediate Roadside Sanctions system or through criminal prosecution.

Working with experienced criminal defence counsel who understands both the Criminal Code framework and provincial administrative regime can significantly affect how your case proceeds.

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Adam Regan: Deputy Editor

Features and account management. 7 years media experience. Previously covered features for online and print editions.

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