Criminal driving charges differ markedly from Alberta traffic tickets due to the significant penalties they attract, including:
- Federal criminal records.
- Potential incarceration.
- Mandatory driving prohibitions.
These offences are outlined in Sections 320.13 to 320.18 of the Canadian Criminal Code and include:
- Dangerous operation (Section 320.13).
- Impaired operation (Section 320.14).
- Failure or refusal to comply with demand (Section 320.15).
- Failure to stop after accident (Section 320.16).
- Flight from peace officer (Section 320.17)
- Operation while prohibited (Section 320.18).
In challenging over 10,000 criminal charges in the past 20 years in Calgary, our team has:
- Earned Three Best Rated® distinction for 8 consecutive years.
- Won two Consumer Choice awards (2025,2026).
- Received over 700 5-star Google reviews.
- Earned BBB A+ rating.
Charged with criminal driving? What next?
- Do not destroy evidence: Don’t attempt to cover your tracks or repair accident damage before consulting a lawyer, as this can be viewed as destroying evidence.
- Cease communication: Do not speak to Calgary Police Service (CPS) investigators without legal counsel.
- Start prepping for bail with your lawyer: If you face ‘flight’ or another serious charge, expect a bail hearing, where a “surety” or a residence plan may be necessary.
Contact us for a free, no-obligation consultation.
What are criminal driving charges, and how can they impact your future?
Criminal driving charges cover an array of offences in Canada, primarily related to:
- Operating a vehicle in a dangerous manner, while prohibited, or while impaired.
- Failing to comply with lawful demands or duties to stop.
Each offence has slightly different criminal penalties and long-term consequences for your future.
The lawyers at Strategic Criminal Defence focus on early defence, case review, and protecting your rights to help you avoid harsh outcomes:
| OFFENCE (SECTION) | LEGAL DESCRIPTION | CRIMINAL PENALTIES (SUMMARY) |
|---|---|---|
| Dangerous Operation (s. 320.13) | Operating a vehicle in a way that is dangerous to the public (e.g., speeding, street racing, etc.). It involves a 'marked departure' from the standard of care. | Fine and/or up to 10 years in prison (indictable) or two years less a day (summary); mandatory driving prohibition of 1–3 years. |
| Impaired Operation (s. 320.14) | Operating a vehicle while one's ability is impaired by alcohol, drugs, or a combination (BAC over 0.08). | Fine and/or up to 10 years in prison (indictable) or two years less a day (summary). 1st Offence: Minimum of $1,000 fine. 2nd: Minimum of 30 days jail. 3rd+: Minimum of 120 days jail. |
| Refusal/Failure to Comply (s. 320.15) | Knowingly failing or refusing to provide a breath or blood sample without a reasonable excuse. | Penalties are identical to or higher than impairment ($2,000 minimum fine for first offence). |
| Failure to Stop after Accident ('Hit and Run') (s. 320.16) | Leaving the scene of an accident without providing name/address or offering help to the injured. | Fine and/or up to 10 years in prison; potential for life imprisonment if death occurred. |
| Flight from Peace Officer (s. 320.17) | Failing to stop a vehicle as soon as reasonably possible while being pursued by a police officer. | No mandatory minimum for simple flight, but a high likelihood of jail time if public safety was at risk. |
| Operation While Prohibited (s. 320.18) | Operating a vehicle while specifically banned from doing so by a court order or provincial law. | Summary conviction or indictable; mandatory minimum 30 days jail for second and subsequent offences. |
If injury or death is caused by impaired driving, dangerous driving, or failure to stop, the maximum penalty can be life in prison, depending on the circumstances of the case.
Impaired driving may be dealt with under Alberta’s Immediate Roadside Sanctions (IRS) program but if criminal prosecution follows, mandatory minimum jail terms apply for repeat offenders.
Dangerous driving offences are hybrid offences:
- Some offences are prosecuted summarily.
- More serious offences are indictable.
- The Crown will elect how to proceed depending on the severity of the conduct, the accused’s record, and whether injury or death resulted.
Having practised in Calgary courts for two decades, our lawyers understand how local Crown prosecutors approach these cases and where resolution opportunities exist.
The long-term impact of a criminal record
The long-term effects of a criminal record are often a result of actions by third parties, like the U.S. Border Patrol or insurance companies, who operate outside the influence of the Calgary court system.
| OFFENCE NAME | EMPLOYMENT & PROFESSIONAL IMPACT | TRAVEL, INSURANCE & STATUS IMPACT |
|---|---|---|
| Dangerous Operation | Disqualification from bonded jobs; loss of commercial Class 1 licence. | 4+ year disqualification from Alberta's insurance rate cap; possible U.S. entry issues. |
| Impaired Operation | Termination from driving-dependent roles; red flag on 'Vulnerable Sector' checks. | Denied entry to the USA; mandatory 12+ month Ignition Interlock; insurance premiums double/triple. |
| Refusal/Failure to Comply | May be seen as a 'Lack of Character' by licensing boards (Law, Nursing, Real Estate). | Same as impairment; permanent record of 'non-cooperation' on driving abstracts. |
| Failure to Stop ('Hit and Run') | Severe hit to personal reputation; civil lawsuits often follow a criminal conviction. | High-risk insurance with 'major traffic conviction' status; creates a permanent record of dishonesty or recklessness. |
| Flight from Police | Near-total bar from government or security-clearance employment. | Driving prohibition (1-3 years up to life); extreme insurance surcharges; potential for permanent vehicle forfeiture to the Crown. |
| Operation While Prohibited | Viewed by employers as a willful defiance of the law; limits career advancement. | Possible lifetime licence revocation; placement in the highest-cost 'Facility' insurance pool. |
How is your insurance affected?
The Alberta government has extended the ‘Good Driver’ rate cap but tightened the definition of who qualifies.
Insurance premium increases are capped at a maximum of 7.5% at renewal for eligible good drivers. However, even a minor traffic conviction (e.g., speeding) within the past three years will bar you from this cap.
A conviction under the Criminal Code will lead to significantly higher premiums. In some cases, it will be almost impossible to get affordable insurance.
(Last verified: May 2026]
Examples of criminal driving charges
Here are some real-world examples of actions that lead to criminal driving charges in Calgary:
- Impaired driving: You register a BAC over 0.08%, which triggers an immediate 90-day licence suspension and a 30-day vehicle seizure under the Alberta IRS FAIL program. Because aggravating factors are present, the Crown also pursues a criminal charge.
- Dangerous driving: You’re accused of driving at 100 km/h in a 40 km/h school zone in a Calgary neighborhood like Beltline or Marda Loop, which is seen as high risk to public safety.
- Refusal to comply with demand: During a lawful traffic stop, a police officer requests a breath sample. You blow shallow breaths intentionally to avoid a reading or simply state “no” to the demand. This attracts the same (or often harsher) criminal penalties as impaired driving.
- Failure to stop after an accident: You were involved in a collision with a parked car and drove away without leaving a note or checking to see if anyone was injured. A passerby took your plate number and reported you to the police, or you were caught by a ‘real-time operations centre’ camera.
- Flight from peace officer: You see the red and blue lights of a Calgary Police Service cruiser behind you and accelerate to evade them. This is a high-priority offence in 2026; even a short pursuit can lead to the denial of bail and a permanent criminal record for willful defiance of authority.
- Driving while prohibited: You were issued a 12-month prohibition for a previous DUI, but are pulled over while driving to work. This is a direct violation of a court order; for a second offence, Calgary judges frequently impose a mandatory 30-day jail sentence.
How our criminal driving lawyers can help during the arrest, charge, and release process
When Calgary police investigate criminal driving offences, they follow specific procedures depending on whether they’re investigating impaired driving, dangerous driving, a hit and run, or other offences.
Evidence includes:
- Roadside test results.
- Results from approved screening devices.
- Witness statements.
- Traffic camera or security camera footage.
- Dash cam footage.
- Photographic evidence of the scene.
- Accident reconstructions.
- Detailed incident reports.
Vehicles may be seized for further investigation and your driving history and licence status will be checked.
Criminal driving charges often progress quickly but we can provide pre-charge legal advice if you call us once you become aware of a criminal investigation. We will:
- Help you understand your legal rights.
- Help you interact with police without implicating yourself.
- Manage all communications with investigators on your behalf.
Sometimes, we can prevent criminal driving charges from being laid and resolve the matter with a non-criminal Alberta Traffic Safety Act ticket instead.
How will you be released after being charged?
If you’re charged with an offence, you may be released from the Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2) with an Appearance Notice or Undertaking.
Alternatively, we will need to convince a judge that you should be released at a bail hearing.
If you contact us after you’re charged, we will:
- Meet with you at Spyhill or the Calgary Remand Centre (next door), or talk to you via video link to understand your case and explain the next steps.
- Gather the facts and identify any arguments to counter the Crown’s reasons for preventing your release (if it is contested).
- Provide a surety, if necessary, and advocate for the least restrictive bail conditions possible, usually during a video conference bail hearing with a justice at the Calgary Courts Centre (601 5 St SW).
What are the standard bail conditions for criminal driving charges?
If you’re released on bail for a criminal driving charge, you will need to follow a series of conditions, depending on the severity of the offence and your criminal history.
Often, our advocacy can limit the restrictiveness of the conditions imposed but the baseline requirements for any release order in Alberta are:
- Keep the peace and be of good behaviour.
- Attend court as required and remain in the jurisdiction.
- Reside at a specific, court-approved address.
- Regular check-ins with a bail supervisor or Calgary Police Service.
- Notify the court of any change in phone number or employment.
The following conditions are additional requirements based on the type of criminal driving offence you’re charged with:
| OFFENCE TYPE | ADDITIONAL BAIL CONDITIONS | STRATEGIC REASON |
|---|---|---|
| Impaired Operation | Complete prohibition from driving any motor vehicle; abstain from alcohol and non-prescription drugs; frequent random breath testing; surrender passport. | Prevents the accused from repeating the offence while the case is active. |
| Dangerous Driving | Driving restrictions like no driving during certain hours or on certain roads; speed limitations; requirement to take a driver safety course. | Protects the public from 'marked departures' in driving behavior before trial. |
| Refusal to Comply | Same as impaired; often includes a prohibition from entering establishments that primarily serve alcohol (bars/liquor stores). | Assumes a high risk of substance-related non-compliance. |
| Failure to Stop | Driving ban or strict limitations; no-contact order with any victims or witnesses; prohibition from visiting the scene of the accident; requirement to report any vehicle accidents immediately. | Prevents witness tampering or intimidation in 'hit and run' investigations. |
| Flight from Police | Curfew (e.g., 9:00 PM – 6:00 AM); requirement to present at the door for police curfew checks. | Flight is seen as a defiance of authority; curfews ensure the accused is where they say they are. |
| Driving While Prohibited | Enhanced surety requirement; someone must vouch for you and promise to pay $1,000–$5,000 if you drive again. | High risk of re-offending, as the accused has already shown a willingness to ignore court orders. |
More serious cases involving injury or death have very strict conditions applied, such as:
- Complete driving prohibition.
- House arrest or curfew.
- No contact orders with victims or their families.
- Travel restrictions.
Upon release, you will be subject to bail compliance checks. Failing to follow any condition not only results in revocation of your bail, but can also lead to a Section 145 ‘breach of release’ charge.
Your lawyer will explain what you’ll need to do to prevent this until your case is resolved.
What is ‘disclosure’ and why is it key to your case?
You will need to attend court for the ‘first appearance’. Your Strategic Criminal Defence lawyer will:
- Obtain the disclosure package: This is an essential step in your defence. The Crown Disclosure package contains all the evidence against you. Depending on the alleged offence, disclosure will usually contain:
- Witness statements.
- Statements you made to the police.
- Dashcam/bodycam footage.
- Photographs.
- Technical driving records, such as breathalyzer or blood test results (for impaired driving)
- Alcohol influence report and calibration logs (for impaired driving).
- Review disclosure: We will look for gaps in evidence or procedural errors.
How will we defend your criminal driving charge?
Reviewing disclosure is often the first step to preparing your defence.
Can you avoid a criminal record through resolution discussions?
A key advantage of hiring a Strategic Criminal Defence lawyer is that, having defended cases in Calgary for two decades, we not only know the criminal justice system here but also many of the prosecutors and judges.
In some cases, resolution discussions with the Crown can resolve matters without the need for a trial. Even if the evidence against you seems strong, we will advocate for leniency if it is your first offence or there are mitigating factors.
If we can show that the evidence against you is weak or the offence was a ‘one-off’, we may be able to:
- Have the charge withdrawn in exchange for a plea on the original matter or a small fine.
- Negotiate for a Peace bond
- Push for the Alternative Measures Program.
These resolutions prevent a criminal record.
If a criminal trial is necessary, we will fight for an acquittal. If that’s not possible, we may be able to advocate for sentencing leniency.
Typical defences for criminal driving charges
Our lawyers will identify the best technical and Charter defences, and challenge the admissibility of evidence.
We will cross-examine police witnesses and argue legal points to protect your rights. When necessary, expert witnesses like toxicologists or accident reconstruction specialists can be brought in to challenge the Crown’s evidence.
Each case is unique but some of the main defences employed in criminal driving cases include:
| CHARGE | COMMON DEFENCES & LEGAL ARGUMENTS |
|---|---|
| Dangerous Operation | Lack of Intent: The driving was a momentary lapse of attention rather than a marked departure from the standard of care. Emergency/Necessity: Driving dangerously to avoid a greater immediate harm. |
| Operation while Impaired | Inconsistent Observations: Challenging police testimony regarding physical signs (e.g., slurred speech, red eyes). Alternative Causes: Attributing behavior to medical conditions, fatigue, or physical injury. Technical Failure: Challenging the maintenance or calibration of the breathalyzer. Charter Breach: Arguing the police lacked 'reasonable suspicion' to demand the breath sample. |
| Failure/Refusal to Comply | Reasonable Excuse: Medical inability to provide a sample or a genuine misunderstanding of the demand. Right to Counsel: Arguing the accused was denied a meaningful opportunity to speak with a lawyer before refusing. |
| Failure to Stop after Accident | Lack of Knowledge: The driver was genuinely unaware that a collision occurred (e.g., due to loud music, heavy rain, or the size of the vehicle/impact). Lack of Intent: The driver did not leave to 'escape civil or criminal liability.' Immediate Return: The driver left the scene briefly but returned almost immediately once they realized an accident had happened. Mistake of Fact: The driver believed they had struck an inanimate object (like a pothole or debris) rather than another vehicle or a person. |
| Flight from Peace Officer | Lack of Knowledge: Arguing the driver did not realize the police were signaling them to stop. Safety Concerns: The driver did not stop immediately because they were looking for a well-lit, safe area. |
| Operation While Prohibited | Lack of Notice: Arguing the accused was never properly served with the notice of prohibition or suspension. Necessity: An urgent life-or-death situation required the accused to drive despite the ban. |
The key constitutional defences in criminal driving cases are:
- Section 8 (Search and Seizure): If the police did not have sufficient grounds to demand a breath or blood sample, the evidence may be excluded.
- Section 9 (Arbitrary Detention): Challenging the legality of the initial roadside stop.
- Section 10(b) (Right to Counsel): If the police delayed the accused’s access to a lawyer without a legal justification, technical evidence (like breath readings) can be thrown out.
The prosecution must prove several elements beyond a reasonable doubt to convict you of criminal driving:
- The Actus Reus (The Prohibited Act): You engaged in the behavior outlined in the appropriate section of the Criminal Code.
- The Mens Rea (The ‘Guilty Mind’): For most driving offences, this isn’t necessarily a specific intent to break the law, but rather that you intended to operate the vehicle and were reckless or willfully blind to the risks associated with your conduct.
- Identification: The accused was the person behind the wheel at the time the offence was committed (this can be especially problematic if the police did not immediately stop the vehicle).
Our job as your criminal driving lawyers is to introduce reasonable doubt and make the burden of proof as challenging as possible for the Crown.
Successful criminal driving cases
Testimonials
Dedicated criminal driving lawyers at Strategic Criminal Defence
The team of lawyers at Strategic Criminal Defence in Calgary all provide criminal driving defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.
FAQs
If you’re charged, a Calgary criminal driving lawyer from Strategic Criminal Defence will:
- Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the criminal driving charge.
- Gather key evidence, such as police reports, breathalyzer logs, CCTV, witness statements, and expert testimony, to contest the Crown’s case.
- Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
- Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.
Early legal advice is crucial to protect your rights and explore all defence options for criminal driving charges in Calgary.
Contact us for a free, no-obligation consultation.
Verified By: Michael Oykhman, Senior Criminal Defence Lawyer
Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.
Experience
- Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
- Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
- Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.
Education & Academic Leadership
- Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
- Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
- Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.
Credentials & Recognition
- Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
- Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
- Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410







