DUI Lawyers in Calgary: Experience Matters

DUI charges, classified in Canada as “Impaired Driving” or “Over 80” charges are covered under section 320.14(1) of the Criminal Code, and consist of operating a motor vehicle, vessel, or aircraft while under the influence of alcohol or drugs. An Impaired Driving charge, also known as driving and driving, is concerned with the effect that alcohol or drugs has on the accused’s ability to drive.

An Over 80 charge is not concerned with impairment, but rather whether the concentration of alcohol in the accused’s blood is over 80 milligrams of alcohol per 100 millilitres of blood.

Impaired driving and Over 80 charges are serious offences in Canada which can often result in jail time, even for a first offence. Offences under s.320.14(1) of the Criminal Code are hybrid offences. This means that depending on the circumstances of the case, the Crown can elect to proceed either summarily or by indictment.

Depending on whether the Crown elects to proceed by indictment or summarily, the maximum punishments for impaired driving include:

• Indictment
  • Impaired driving: Up to 10-years imprisonment;
  • Impaired driving causing bodily harm: Up to 14-years imprisonment; and
  • Impaired driving causing death: Up to life imprisonment.
• Summary
  • Impaired driving: Up to 2-years less a day imprisonment; and
  • Impaired driving causing bodily harm: Up to 2-years less a day imprisonment.

At Strategic Criminal Defence, we have developed a very strong focus on defending drug and alcohol-related driving offences. Collectively, our team has defended thousands of impaired driving charges, and we have the experience and knowledge needed to provide you with sound advice on the best way to handle your matter.

Key Takeaways

• DUI charge under the Criminal Code can carry severe financial, legal, and professional consequences.
• If you are held on bail for DUI charges, you will likely be released with driving prohibitions and other conditions that you are required to follow.
• Convictions under the Criminal Code can attract sentences ranging from an automatic license suspension and a minimum $1,000.00 fine for less serious offences and first-time offenders, to significant jail time for serious offences and repeat offenders.
• DUI charges can be challenged and beaten in Calgary.

How can a DUI lawyer in Calgary help?

Hiring a criminal defence lawyer to defend against a DUI charge provides many benefits starting from pre-charge legal advice. It is important that you understand your rights under the Canadian Charter of Rights and Freedoms when interacting with law enforcement, and a criminal lawyer can provide information relating to unreasonable search and seizure, arbitrary detention, and unlawful arrest.

A lawyer can also advise you on your right to remain silent, to help protect against any potential self-incrimination.

A criminal defence lawyer will obtain the police information (disclosure) package which outlines the case and evidence against you. A lawyer can also provide help with gathering evidence, interviewing witnesses, and retaining experts.

Your lawyer will review the information and discuss the case with you, and the Crown Prosecutor. When meeting with the Prosecutor, a criminal defence lawyer will raise legal arguments as to why they should reduce the severity of your potential sentence, or even convince them that your case should be dismissed. If a resolution is not met, a lawyer will help you navigate the criminal justice system and the court process and provide you with representation at your criminal trial.

DUI defence is a highly technical and complicated area of law. It is important to ensure you hire a lawyer with the necessary knowledge and experience in this area in particular. Contact one of our skilled criminal defence lawyers to determine your best defence.

DUI Charge in the Criminal Code of Canada

In order to convict you of impaired driving, the Crown must prove both the actus reus and the mens rea of the offence beyond a reasonable doubt.

Examples of DUI Charges

Some examples of a DUI charge may include the following:

• Drinking alcohol and driving your car;
• Smoking marijuana and driving your car;
• Driving with a blood alcohol concentration of 0.08 or higher
• Operating an off-road vehicle while under the influence of drugs or alcohol; and
• Taking prescription medications that can impact your ability to drive.

DUI Charge Defences

The defences that are available for DUI charges depend on the facts of your particular case.

• Consumption after Operation: If you are able to demonstrate that you consumed the substance in question after you stopped operating the vehicle, you could have a potential defence against a DUI charge.
• Certificate of Analyst: To determine your blood alcohol levels at the time of the offence, the Crown may rely on a certificate of the analyst. If it can be showcased that the results are not accurate, there is no certificate, or the Crown does not file the certificate of analyst then you may have a possible defence to impairment and Over 80 charges.
• Involuntary Intoxication: If you are able to showcase that you did not voluntarily consume the drugs or alcohol, for example, you were drugged, then the Crown will not be able to prove the mens rea of the offence and you cannot be convicted. It should be noted that this defence is rarely raised for impaired driving and Over 80 charges.
• Charter: It is possible that while investigating you for a DUI offence, the police violated one or more of your constitutional rights. If the violation is serious enough, it could result in the exclusion of evidence against you.

What are the consequences of a DUI charge?

Impaired driving and Over 80 charges are serious offences in Canada. Even for a first-time offence, you may receive jail time depending on the circumstances of your offence. Offences under s.320.14(1) of the Criminal Code are hybrid offences. This means that depending on the circumstances of the case, the Crown can elect to proceed either summarily or by indictment.

The maximum punishments for Impaired Driving and Over 80 charges include:

• Indictment
  • Impaired driving: Up to 10-years imprisonment;
  • Impaired driving causing bodily harm: Up to 14-years imprisonment;
  • Impaired driving causing death: Up to life imprisonment.

• Summary
  • Impaired driving: Up to 2-years less a day imprisonment;
  • Impaired driving causing bodily harm: Up to 2-years less a day imprisonment.

All Impaired Driving and Over 80 charges also have mandatory minimum punishments. This means that regardless of whether the Crown elects to proceed by indictment or summarily, you will be subject to the following penalties:

• First offence: $1,000.00 fine;
• Second offence: 30-day imprisonment; and
• Third offence: 120-day imprisonment.

Alberta has implemented immediate roadside sanctions (IRS), which allow a police officer to suspend your driver’s licence for a set period with a potential fine if there is reasonable suspicion that you were not driving lawfully according to impaired driving laws.

DUI Charge Investigation

The Calgary Police Service takes DUI offences very seriously. If you are stopped by police, they have a right to ask you to take a roadside breath test with an approved screening device. Refusal to provide a breath sample could result in further criminal charges. If a driver tests positive on an oral fluid drug screener, the positive result confirms the presence of the drug and may provide grounds for the investigation to proceed further by making a demand for a blood sample.

The police may also provide the results of the breath samples to an analyst, who will provide an opinion as to what your blood alcohol level was at the time of the offence. This will result in a “certificate of analyst” which the Crown may rely on at your criminal trial.

Bail Conditions for DUI Charges

For less serious DUI offences, the police will release you with paperwork to attend court and obtain fingerprinting, and a formal bail hearing will not be necessary.

If a serious injury or death resulted from your alleged impaired driving, the police or Crown Prosecutor will often ask the Judge to order that you be held in jail until your trial. In these cases, a formal bail hearing may be required to secure your release.

When you attend your bail hearing, the Judge will consider the following factors:

• Is detention necessary to secure your attendance in court?
• Is detention necessary to protect the public from a substantial risk of re-offence
• Is detention necessary in all the circumstances to maintain confidence in the administration of justice?

If released on bail, tight restrictions may nevertheless be applied to your release, including a driving prohibition.

Our lawyers are often successful at persuading the Crown Prosecutor in charge of bail to let our clients out. If we can’t convince the Prosecutor, we can conduct a formal bail hearing and work to convince the Court. Even if you are ultimately detained, we can appeal that decision on very short notice through a bail review, which is conducted at the Court of King’s Bench of Alberta.

Frequently Asked Questions about DUI Offences

Will a DUI charge show on my criminal record while the case is ongoing?

If you have been charged with driving under the influence of alcohol or drugs, your criminal record will not show this while your case is ongoing. Whether a DUI charge shows on your criminal record is dependent on the result of your case. If your charge is dismissed or reduced to a less serious charge such as careless driving, the DUI charge will not show on your criminal record. However, your pending charges will appear on a full police record.

Will a DUI charge show on my criminal record after the case is done?

Depending on the result of your case, a DUI charge may show on your criminal record. If your criminal case is dismissed before trial, or you are found not guilty at trial, your DUI charge will not show on your criminal record. Your case could also be settled for a lesser charge, resulting in no criminal record. The general rule is that if you are found guilty of a DUI, you will receive a criminal record and a mandatory minimum sentence.

The exception to this general rule is if you are eligible for a “curative discharge”. A curative discharge is available where an offender has been convicted of, or pled guilty to, an impaired driving offence, but can demonstrate that they suffer from a substance abuse problem and are in need of curative treatment. In order to demonstrate that you are in need of curative treatment and that it is not contrary to the public interest to grant a curative discharge, an expert report is necessary. These reports are typically produced by a psychologist or psychiatrist, which a lawyer will be able to obtain for you if you could be eligible for a curative discharge.

A DUI conviction will remain on your criminal record for life, unless you apply for and receive a record suspension or a pardon. Strategic Criminal Defence Lawyers have experience in successfully obtaining Record Suspensions for our Clients. We will help relieve the stress of applying for a Record Suspension by communicating with the Parole Board of Canada on your behalf and ensuring that a persuasive record suspension application is put forward for you so you can return to your life as normal.

How long does a DUI case take?

The length of a DUI case is determined by the seriousness of the charges you face, and the complexity of the legal issues to be explored. The length of the case can also be affected by the court and prosecution resources in your particular jurisdiction. In a busy jurisdiction with limited court resources, longer wait times in obtaining a trial date are to be anticipated.

If you are proceeding to trial, the Supreme Court of Canada has indicated that most summary conviction matters should be completed within 18 months unless there are exceptional factors which have contributed to unusual delays.

Can I travel while a DUI case is ongoing?

If you have an ongoing DUI case, you will be permitted to leave Canada provided that you do not breach any of your release conditions. However, your travel to the US may be affected. US immigration officials have access to the Canadian Police Information Centre (CPIC) Database, which means they will be able to see whether you have outstanding charges when you present yourself at the border.

If you have criminal charges and are considering travelling to the US, it is recommended that you seek legal advice to assist you in evaluating your entry prospects prior to travelling. Our office now offers a “waivers” service to gain entry into the US, even with a criminal charge or criminal record. For more information on this service please visit the Pardons page.

Can I go to jail for DUI?

If you are convicted for an operation while impaired by drug or alcohol offence under s. 320.14(1) of the Criminal Code, you can go to jail. If the Crown proceeds by indictment, an Impaired Driving charge carries a maximum sentence of no more than fourteen years in jail. If the Crown proceeds summarily, the maximum jail sentence is two years less a day, and you can be subject to a fine of up to $5,000. Therefore, there is a possibility that you can go to jail for an operation while impaired by alcohol or drug charge.

Will I lose my license?

If you are charged with driving under the influence of drugs and alcohol, you will lose your licence for a period of time. Under the current Alberta Administrative License Suspension (AALS) Program, every person charged with an alcohol/drug related driving offence receives a suspension of their licence for 90 days, followed by a further 1 year driving suspension. The first 90-day suspension has no exceptions. The following, further 12-month suspension can be lifted for individuals registered in the Ignition Interlock Program. Under this program, a device will be installed into your car, and will test your breath before allowing you to operate the vehicle. It is possible to appeal your license suspension under the AALS prior to going to trial, but it is unlikely that you will be able to complete the appeal process prior to your first court date.

If you are found guilty of a DUI charge, you will lose your driver’s licence for a minimum of one full year, starting from the day you were found guilty or entered a guilty plea.

Related Offences

• Immediate Roadside Sanctions (IRS): An IRS is an administrative charge issued by the province that is not the same as a criminal charge for impaired driving under the Code.
• Notice of Administrative Penalty (NAP) Dispute: Pursuant to the Provincial Administrative Penalties Act and the Traffic Safety Act, Notices of Administrative Penalty (NAP) can be issued for a variety of drug and alcohol-related driving infractions. The majority of persons accused of drunk driving are now subject to a NAP.
• Impaired Driving: An Impaired Driving charge is concerned with the effect that alcohol or drugs has on the accused’s ability to drive a motor vehicle, vessel, or aircraft, regardless of the amount of substance in their system.
• Blowing Over 80/.08: This offence arises when the concentration of alcohol in the accused’s blood is over 80 milligrams of alcohol per 100 milliliters of blood while operating a motor vehicle, vessel, or aircraft.
• Failure or Refuse to Provide a Breath Sample: It a criminal offence to refuse or fail to provide a sample of your breath or blood upon a lawful demand made by a peace officer.
• Failure or Refusal to Comply: This offence arises when the accused fails or refuses to provide a breath sample to police, whether it occurs roadside or at a police station
• Failing to Stop for Police: If the accused fails to pull their vehicle over after being signaled or directed by an officer to do so, they may be charged with Failing to Stop for Police.