The DUI and impaired driving lawyers at Strategic Criminal Defence focus on identifying: the factors that can make a critical difference to your case, such as:
- Unlawful breath tests.
- Charter violations.
- Police procedural mistakes.
- Technical errors.
DUI or impaired driving charges under Section 320.14 of the Criminal Code should be challenged because of the risk of jail time, significant financial penalties, and a criminal record.
Our team has a decade of experience in Edmonton, and has earned:
- Consecutive Consumer Choice Awards (2025,2026).
- Over 140 5-star Google reviews.
- BBB A+ rating.
We will work to limit the consequences for your future.
Accused of DUI or impaired driving in Edmonton?
Under Alberta’s Traffic Safety Act, the police have the authority to impose immediate roadside sanctions (IRS) on the spot, including licence suspensions of 3 to 90 days.
These sanctions apply automatically and are separate from any criminal charge under the Criminal Code. Aggravating factors such as bodily harm, death, excessive speed, or prior convictions make criminal prosecution more likely and penalties more severe.
Understanding what to do immediately after an accusation of DUI or impaired driving can prevent unnecessary consequences.
You must act quickly
- Don’t refuse the roadside breath demand: This can, in itself, lead to a criminal charge under s.320.15 of the Criminal Code.
- Stay silent: Exercise your right to silence. Provide your licence, registration, and insurance as required, but don’t try to defend your actions to the police.
- Preserve evidence: Document the weather, road conditions, and what you can remember about what you ate/drank.
- Contact a DUI lawyer: Speak with a lawyer to begin work on appealing the licence suspension (you only have 7 days) and your defence.
Contact us for a free, no-obligation consultation.
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What is DUI in Canada, and how can a charge impact your future?
The term “DUI” is not used in Canadian legislation. Impaired driving charges under Section 320.14 of the Criminal Code include:
- Impaired operation: Having care and control of a vehicle while one’s ability is impaired to any degree by alcohol, drugs, or a combination of both.
- Over 80/.08: Registering a Blood Alcohol Content (BAC) of 0.08% or higher on an evidentiary breath testing device (approved instrument).
- Blood Drug Concentration: Having specific levels of drugs in the blood within two hours of ceasing to operate a vehicle.
- Refusal to comply with demand: Failing or refusing to provide a breath or blood sample when demanded lawfully by police.
These laws apply to any motorized vehicle, including cars, trucks, motorbikes, ATVs, motorized boats, aircraft, or railway equipment.
Strategic Criminal Defence lawyers manage the two-track process that can be triggered when you’re accused of DUI in Edmonton:
- Challenging the non-criminal immediate roadside sanctions: immediate licence suspension, vehicle impoundment, fines.
- Defending any criminal charges laid under s.320.14 or s.320.15 of the Criminal Code, which carry the possibility of a criminal record, jail time, and a mandatory driving prohibition.
Do not simply accept a criminal charge. A conviction can impact your future long after the sentence has been served. DUI penalties include:
| CHARGE | FIRST OFFENCE | SECOND OFFENCE | THIRD+ OFFENCE |
|---|---|---|---|
| Impaired Operation | Minimum: $1,000 fine Maximum: 10 years imprisonment (indictable) or up to 2 years less a day (summary) |
Minimum: 30 days imprisonment | Minimum: 120 days imprisonment |
| Over 80 (BAC ≥ 0.08%) | Minimum fine:
Maximum: 10 years imprisonment (indictable) |
Minimum: 30 days imprisonment | Minimum: 120 days imprisonment |
| Blood Drug Concentration (BDC) | Minimum: $1,000 fine (Category 1 & 2) Category 3 same as impaired operation |
Minimum: 30 days imprisonment (Category 3) | Minimum: 120 days imprisonment (Category 3) |
| Refusal to Comply | Minimum: $2,000 fine Maximum: 10 years imprisonment (indictable) |
Minimum: 30 days imprisonment | Minimum: 120 days imprisonment |
| Causing Bodily Harm (any of the above) | Maximum: 14 years imprisonment | Maximum: 14 years imprisonment | Maximum: 14 years imprisonment |
| Causing Death (any of the above) | Maximum: life imprisonment | Maximum: life imprisonment | Maximum: life imprisonment |
(Note: BDC categories reflect drug concentration levels. Category 1 (low THC: 2-5ng/ml of blood) carries a summary-only maximum fine of $1,000 with no mandatory minimum. Category 3 (high THC: 5ng/ml+ or equivalent concentrations of other drugs) carries the same penalties as impaired operation. A lawyer can advise on which category applies to your specific test result.)
With DUI and impaired driving offences, the Crown may proceed summarily or by indictment. The maximum penalties above reflect indictable proceedings for the most serious versions of the offences.
What are the long-term consequences of a DUI conviction?
Your Strategic Criminal Defence lawyer will also try to reduce the impact of long-term consequences, such as:
- A mandatory driving prohibition (minimum 1 year for first offence, 2 years for second, 3 years for third+).
- A criminal record that can impact:
- Employment prospects and professional licences.
- Travel to the US.
- Immigration status for non-citizens.
- Education.
- Housing.
- Volunteer and community roles.
- The financial impact of costs associated with vehicle impoundment, insurance premium increases, mandatory participation in the Alberta Ignition Interlock Program, and alcohol or drug education/treatment programs, etc.
We will work to minimize the risk of a conviction and the consequences that follow. Before that, we may need to negotiate your release.
Will you be released on bail for a DUI or impaired driving charge?
Unless there are severe aggravating factors, you are unlikely to be detained for too long if you are charged with a DUI or impaired driving offence.
The usual steps after arrest in Edmonton are as follows:
- Breath or blood testing at the roadside or at an Edmonton Police Service detachment.
- Detention at the station until you are sober, typically for several hours.
- Release on an Undertaking (a signed promise to appear in court) often with conditions such as abstaining from alcohol and drugs, not operating a vehicle, etc.
- Possible transfer to the Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB T5H 0H7 (for more serious offences).
- Possible detention at Edmonton Remand Centre at 18415 127 Street NW, Edmonton, to await your bail hearing.
Your lawyer will keep you informed of what’s happening, protect your rights, and represent you at the bail hearing, if necessary.
Bail conditions for impaired driving or a DUI offence often include:
- A total or partial driving ban.
- Ignition Interlock Device fitted in your vehicle.
- A ban on consuming alcohol or drugs.
- Regular check-ins with police or a bail supervisor.
- A stay-away order from bars and liquor stores.
- Alcohol or drug education programs.
How will we defend your DUI or impaired driving charge?
After receiving the disclosure package from the Crown after your first court appearance, your lawyer will review the evidence against you. This process often helps us decide which defence to argue.
The most common defences for DUI and impaired driving are:
| DEFENCE | OVER 80 | IMPAIRED DRIVING | REFUSAL | AGGRAVATED DUI |
|---|---|---|---|---|
| Charter Violations (s. 8, 9, 10): unlawful stop, search, or failure to advise of right to counsel. | ✅ | ✅ | ✅ | ✅ |
| Improper Breath Testing Equipment or Procedure: device not calibrated or operated correctly, or not an approved instrument. | ✅ | ➖ | ➖ | ➖ |
| Intervening Drink Defence: alcohol consumed after driving ceased, not before, such that BAC at the time of driving was below the legal limit. | ✅ | ✅ | ➖ | ✅ |
| No Impairment/Innocent Explanation: symptoms attributed to fatigue, illness, or medical condition rather than alcohol or drugs. | ➖ | ✅ | ➖ | ✅ |
| No Reasonable Grounds for Demand: officer lacked grounds to make a breath or sobriety demand. | ✅ | ✅ | ✅ | ✅ |
| Reasonable Excuse for Refusal: physical or medical inability to provide a sample. | ➖ | ➖ | ✅ | ➖ |
| No Care or Control/Operation: accused was not driving or did not have care and control of the vehicle. | ✅ | ✅ | ✅ | ✅ |
| Causation Challenge (Aggravated): impairment did not cause the bodily harm or death alleged. | ➖ | ➖ | ➖ | ✅ |
| Identity: the accused was not the driver. | ✅ | ✅ | ✅ | ✅ |
Will your case go to trial?
If your case proceeds to trial, we will represent you at the Alberta Court of Justice, located at 1A Sir Winston Churchill Square, Edmonton.
However, as soon as we have reviewed the evidence against you, and depending on the specific circumstances, we may be able to negotiate with the Crown for a pre-trial resolution, such as:
- Charge withdrawal: More common if a Charter violation or weak evidence undermines the Crown’s case.
- Stay of proceedings: For serious Charter breaches, such as an unlawful stop or denial of the right to counsel.
- Diversion or alternative measures: May be available for first-time offenders (no criminal conviction).
- Negotiated resolution: The Crown may agree to a reduced charge (no criminal record).
A relatively small percentage of criminal cases in Edmonton end up at trial. Pre-trial resolutions are often the preferred outcome for the defendant, Crown Prosecutor, and the criminal justice system, but every case depends on its specific circumstances.
FAQs
Get help with an impaired driving or DUI charge in Edmonton
If you’ve been charged under s.320.14 or 320.15 of the Criminal Code, a Strategic Criminal Defence lawyer will:
- Review the Crown’s evidence and identify any weaknesses.
- Build a defence strategy around the specific facts of your case.
- Pursue pre-trial resolutions if beneficial to you.
- Present you at trial if necessary.
Having defended DUI charges in Edmonton for a decade, our deep understanding of how prosecutors and judges approach these cases here can minimize the impact on you.
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
