Penalties for DUI and impaired driving in Calgary include potential jail time, significant fines and fees, and the long-term impact of a criminal record.

At Strategic Criminal Defence, we’ve defended thousands of impaired driving cases among over 10,000 cases handled in the past two decades.

The reputation of our law firm is well supported by:

  • Three Best Rated® distinction for 8 consecutive years.
  • Consumer Choice recognition (twice).
  • Over 700 5-star Google reviews.

While many impaired driving charges are now handled administratively under Alberta’s Immediate Roadside Sanctions (IRS) program, our lawyers can also defend federal charges under Section 320.14 of the Criminal Code.

Offences include: 

  • Impaired operation.
  • Over 80/.08.
  • Blood Drug Concentration
  • Refusal to comply with demand.

Arrested for DUI or impaired driving? You need to work quickly:

  1. Don’t say a thing: Besides identifying yourself, exercise your Canadian Charter of Rights and Freedoms right to silence. Don’t try to defend your actions to the police.
  2. Note the date: You only have 7 days from the date on your Notice of Administrative Penalty to dispute your immediate driving suspension with SafeRoads Alberta.
  3. Preserve evidence: Document the weather, road conditions, and exactly what you ate/drank.
  4. Contact a DUI lawyer: Speak with a lawyer in our DUI defence team so that we can begin work on appealing the licence suspension and defending a potential criminal charge.

Contact us for a free, no-obligation consultation.

What is DUI in Canada, and how will a conviction affect you?

DUI is not a term used in the Criminal Code of Canada, though people use it widely in conversation. Under Canadian law, you can be arrested and charged criminally for any of the following offences:

  • Impaired operation: driving (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”: registering a Blood Alcohol Content (BAC) of 0.08% or higher on an evidentiary breath testing device (approved instrument).
  • Blood Drug Concentration (BDC): 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.

Cases are initially handled under Alberta’s non-criminal, immediate roadside sanctions. These include an immediate licence suspension and vehicle impoundment.

However, the Calgary Police Service (CPS) may also lay criminal charges if:

  • There is evidence of aggravating factors, such as:
    • Causing bodily harm or death.
    • Excessive speeding.
    • A minor passenger in the vehicle.
  • The driver has prior DUI convictions.

A Strategic Criminal Defence lawyer can help you challenge the immediate roadside driving suspension within 7 days. It is even more important, however, to challenge the criminal penalties to prevent serious consequences for your freedom, finances, and future.

Your DUI lawyer will begin work immediately to prevent the following consequences:

CHARGE FIRST OFFENCE SECOND OFFENCE THIRD+ OFFENCE
Impaired Operation Min. $1,000 fine; max. 10 years imprisonment (indictable) or up to 2 years (summary) Min. 30 days imprisonment Min. 120 days imprisonment
Over 80 (BAC ≥ 0.08%) Min. $1,000 fine; max. 10 years imprisonment (indictable) Min. 30 days imprisonment Min. 120 days imprisonment
Blood Drug Concentration (BDC) Min. $1,000 fine (Category 1 & 2); Category 3 same as impaired operation Min. 30 days imprisonment (Category 3) Min. 120 days imprisonment (Category 3)
Refusal to Comply Min. $2,000 fine; max. 10 years imprisonment (indictable) Min. 30 days imprisonment Min. 120 days imprisonment
Causing Bodily Harm (any of the above) Max. 14 years imprisonment Max. 14 years imprisonment Max. 14 years imprisonment
Causing Death (any of the above) Max. life imprisonment Max. life imprisonment Max. life imprisonment

With these ‘hybrid’ offences, the Crown may proceed summarily or by indictment, depending on severity. The maximum penalties above reflect indictable proceedings.

What are the long-term consequences of a DUI conviction?

Your DUI lawyer will look to prevent a DUI conviction that also brings the following long-term consequences:

  • A mandatory driving prohibition (minimum 1 year for first offence, 2 years for second, 3 years for third+).
  • A criminal record that can have potential consequences for:
    • Employment (including professional licences and security clearances).
    • Travel (e.g., entry to the USA, which treats DUI as a serious criminal offence).
    • Immigration status (a conviction can trigger deportation or inadmissibility for non-citizens).
    • Education (affects applications to certain programs and institutions).
    • Housing (some landlords conduct criminal background checks).
    • Volunteer and community roles (many require a clean criminal record check).

What are the costs associated with a DUI conviction?

Besides the potential fines and court fees, preventing a DUI conviction can also save you from financial consequences, including:

  • Vehicle impoundment costs and towing/storage fees must be paid out of pocket.
  • Significant increases to insurance premiums or even ‘uninsurable’ status with standard providers often forcing drivers into the high-risk market.
  • The costs of mandatory participation in the Alberta Ignition Interlock Program before driving privileges are fully restored.
  • The costs of mandatory completion of an alcohol or drug education/treatment program, as required by Alberta’s reinstatement conditions.

It is essential to give yourself the best chance of avoiding the immediate sentence, the driving prohibition, and the longer-term impact on your future.

Our lawyers are experienced in defending tough DUI cases, including cases where the evidence initially appears strong.

When will you be released after a Calgary DUI or impaired driving charge?

In most first-offence DUI cases, you will not be held in custody for an extended period. The typical process following an arrest in Calgary is as follows:

  • Breath or blood testing is completed at the roadside or at a Calgary Police Service detachment.
  • Once testing is complete and charges are laid, you will generally be held at the station or detachment until you are sober, typically for several hours.
  • You will then be released on an Undertaking (a signed promise to appear in court), often with conditions such as abstaining from alcohol and drugs, not driving, or surrendering your passport.
  • In more complex cases, with aggravating factors or a prior record, you may be transferred to the Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2) and on to the Calgary Remand Centre at Spyhill to await a bail hearing before a Justice of the Peace.

Upon being retained, a Strategic Criminal Defence lawyer will:

  • Explain what’s happening and what you can expect next.
  • Protect your rights.
  • Manage your release.
  • Handle all communications with the CPS.
  • Inform your family of your whereabouts.

What bail conditions can you expect for DUI?

If a bail hearing is necessary, due to aggravating factors, we will represent you before a Justice of the Peace and argue for a release under the least stringent bail conditions possible. Conditions often include:

  • A total ban on driving any motor vehicle (or only at certain times for work).
  • The requirement to fit an ignition interlock device, which tests for alcohol before the car will start.
  • Avoidance of alcohol and drugs.
  • A prohibition from visiting certain places, like bars and liquor stores.
  • Regular check-ins with police or a bail supervisor.
  • Attendance at alcohol education programs.

Your lawyer will help you understand your bail conditions to prevent breaching them, which can result in additional charges and detention in jail until your court date.

How will we defend your DUI charge in court?

As experienced DUI lawyers, we explore every angle to defend the charges.

In many cases, our well-honed legal skills identify technical errors, Charter breaches, or mistakes by the police. Strict procedures must be followed and your rights respected throughout the investigation, arrest, and charge process.

To achieve a conviction, the Crown must prove the following beyond a reasonable doubt:

  • Driver identity and action: you were operating or had ‘care and control of’ the vehicle.
  • Impairment or prohibited level: your ability was impaired by alcohol or drugs (or a combination), or your BAC/BDC exceeded the legal limit within two hours of driving (according to a Certificate of Analysis).
  • Causation (in cases involving bodily harm or death): that your impairment caused the accident or resulting harm.

The most common defences are detailed below:

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, not before. ✅ ✅ ➖ ✅
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. ✅ ✅ ✅ ✅

Can we prevent a trial for DUI or impaired driving?

Whether your case proceeds to trial at the Alberta Court of Justice depends on:

  1. The strength of the evidence against you.
  2. The specific circumstances of your arrest.
  3. The defence strategy we pursue.

In many cases, we can prevent a trial through:

  • Withdrawal of charges: if we identify a Charter violation or evidentiary weakness early, the Crown may agree to withdraw the charges before trial.
  • Stays of proceedings: serious Charter breaches, such as an unlawful stop or denial of the right to counsel, can lead to a stay of proceedings entirely.
  • Diversion or alternative measures: first-time offenders may sometimes be eligible for a diversion program, avoiding a criminal conviction.
  • Negotiated resolution: discussions with the Crown may yield a reduced charge or agreed disposition that avoids the need for a full trial.

If the evidence is strong and no viable resolution is available, proceeding to trial and holding the Crown to its burden of proof is often the best strategy.

Your Strategic Criminal Defence lawyer will assess your case thoroughly and advise you on whether a pre-trial resolution or a full defence at trial gives you the best chance of a favourable outcome.

NOTE: Even if the judge finds you guilty, some sentencing options can avoid a criminal conviction. For instance, a curative discharge allows offenders with an alcohol or drug dependency to undergo treatment for substance use instead of a criminal conviction (though the guilty finding stands).

Successful DUI and impaired driving cases

Case Number: 55542498

Our client, a dedicated Alberta Health Services employee, faced significant criminal and provincial driving charges after being involved in a motor vehicle accident. He was terrified of the potential personal and professional consequences. The evidence against our client seemed overwhelming at first. The client was arrested for criminal hit and run as well as impaired driving and taken to the hospital. Once there, the police issued a demand for blood samples, and our client refused to provide them.

What appeared to be a slam-dunk case for the prosecution turned out to be much more nuanced than it first appeared. Once retained, Michael Oykhman and Mateya Selders meticulously reviewed the evidence and uncovered critical flaws in the case. As it turns out, the demand for a blood sample was unlawful, and our client’s Charter rights were violated during the investigation.

We brought the serious Charter violations and procedural flaws to the Crown Prosecutor’s attention. By presenting a compelling argument, we demonstrated there was no reasonable likelihood of conviction. As a result, the Crown Prosecutor withdrew all criminal charges, leaving our client with no criminal convictions or record.

Successful Result: Criminal charges withdrawn; no criminal convictions; no criminal record

Case Number: 1713741

Our client was driving home from a night out with a friend when he turned the wrong direction onto a one-way road. He immediately noticed his mistake and began to make a U-turn when he was pulled over. The police officer asked our client if he had anything to drink, to which he responded “yes” and was instructed to get out of his vehicle. When the officer mentioned that another officer would soon bring a roadside test, our client stated that his lawyer advised him not to provide a sample, and he intended to follow those instructions. After refusing the officer’s demand, our client was arrested for refusing to provide a breath sample.

Upon being retained, we immediately requested disclosure, including the body-worn camera footage from the police officers. We discovered several problems with the investigation, including a Charter violation, and raised these with the Crown Prosecutor. As a result of our negotiation, the Crown withdrew the charge against our client.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 1783724

Our client was arrested for impaired driving after an officer noticed him idling in his truck on a side road late one evening. Despite our client’s contention that he had only one beer, the officer arrested him and took him to the police station, where he was required to provide a breath sample. The sample showed that our client was intoxicated beyond the legal limit and as a result, he was charged with driving while impaired and operation of a vehicle over 80mg%.

Upon being retained, we reviewed disclosure and our client’s medical history. The disclosure revealed significant issues with the investigation and the infringement of our client’s Charter right to legal counsel. The medical history revealed that our client had a salivary gland condition that he treated with mouthwash. At trial, these issues were brought before the court, and after a lengthy cross-examination of the arresting officer, the Crown Prosecutor withdrew all charges.

Successful Result: Charges Withdrawn; No Criminal Record

Case Number: 55572287

Our client was charged with Impaired driving, driving over 80, as well as failing to produce Insurance. Our client rear-ended another vehicle, and due to the severity of the collision, the police were dispatched to the scene. Upon speaking to our client, our client admitted to drinking hard alcohol. The police also noticed a smell of alcohol coming from his breath, slow and deliberate speech, and a slow and unstable walk. The police formed the opinion that he was impaired, arrested him, and brought him back to the police station, where he blew 0.280 and 0.270 on the evidentiary instrument.

Upon being retained, we requested disclosure and set the matter for trial. We filed a Charter motion on our client’s behalf, and both the Impaired Driving and the Over 0.08 charges were stayed prior to trial. Our client walked away with no criminal record and was only required to pay a $233.00 fine for failing to produce valid insurance.

Successful Result: Charges Stayed, No Criminal Record

Case Number: 762101

Our client was pulled over by the police after running a stop sign. When the police approached our client’s vehicle to issue him a ticket, they reported being able to immediately smell alcohol coming from his breath, and also noticed that he had very slurred speech and red, glossy eyes. Further, when the police asked our client to exit his vehicle for the purpose of performing a roadside screening test, it was reported that he could not keep his balance and that he immediately fell back down into his car. Our client was then arrested for impaired driving and brought back to the police station, where he blew 0.200 and 0.210 on the evidentiary instrument.

Upon being retained, we immediately ordered and reviewed the disclosure and found that our client’s rights had been violated a number of times throughout the investigation. We filed a comprehensive Charter notice on our client’s behalf, and notwithstanding the strong evidence against our client, all charges were withdrawn prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 551979

Our client was stopped by the police after he quickly accelerated through a crowded parking lot while also driving on the wrong side of the road. Upon being pulled over, the police noticed that he had very slow and slurred speech and that his face was very rosy. Our client also admitted to drinking earlier on that day. The police then asked our client to provide a sample of his breath into a roadside screening device, which he failed. He was then arrested for impaired driving and brought back to the police station. There, he blew 0.220 on the evidentiary device.

Upon being retained, we ordered disclosure and identified a number of breaches of our client’s Charter rights. We wrote and submitted a Charter notice to the Crown Prosecutor that outlined all of the breaches we had found. Using these breaches, we were able to successfully negotiate a resolution with the Crown that would allow our client to plead guilty to a traffic infraction in exchange for the criminal charges being withdrawn. We were able to secure this result even though our client had several impaired driving infractions on his criminal record and had also been previously granted a curative discharge.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 762088

Our client was stopped by the police after two phone calls were placed to 911, reporting an impaired driver who was allegedly pointing a rifle out of his window while he was driving. The police located our client and performed a high-risk traffic stop with their guns drawn. Upon stopping our client, the police noted that he had heavily slurred speech, bloodshot eyes, and the smell of alcohol emanating from his breath. While being questioned, our client also admitted to consuming alcohol prior to driving. Our client was then arrested and transported to the police station, where he registered 0.150 on the evidentiary device.

Upon being retained, we immediately ordered disclosure and identified a number of violations of our client’s Charter rights. We submitted a Charter notice outlining detrimental weaknesses in the Crown Prosecutor’s case against our client. On the basis of our advocacy, all charges against our client were withdrawn prior to trial.

Successful Result: Criminal Charges Withdrawn, No Criminal Record

Case Number: 35380224

Our client was pulled over when nearby police officers observed him driving erratically. When the police approached his vehicle, they found him extremely intoxicated and holding a half-full bottle of vodka. He was immediately arrested and charged with impaired driving and brought to the police station. There, he refused the officer’s demand for a breath sample and was subsequently charged with refusal to provide a breath sample. Our client had recently returned to Alberta from Ontario to restart his life due to alcoholism, and a criminal record would hinder his future employment and rehabilitation.

Upon being retained we ordered disclosure and reviewed it with our client. Our client had been working on addressing his alcohol addiction by attending counselling and addiction services. We compiled a significant amount of information on the steps that he had taken to address the issue, as well as the community support that he had, and presented it to the Crown Prosecutor. As a result, the Crown agreed to join us in a joint submission for a curative discharge, which the judge accepted. As a result, our client avoided a criminal record.

Successful Result: Curative Discharge; No Criminal Record

Dedicated DUI and impaired driving lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide DUI and impaired driving defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

After arrest, your licence will be suspended immediately and your vehicle will be impounded. You’ll be taken to the police station for breath testing or drug screening. The police will read you your rights and ask for breath samples or other tests. They’ll process your paperwork, take your fingerprints and photo, and possibly hold you until you’re sober. You’ll either be released with paperwork for a future court date or attend a bail hearing, usually within 24 hours of your arrest.

Yes. Alberta’s immediate roadside licence suspensions can be appealed through Alberta Transportation’s SafeRoads portal within 7 days of receiving the suspension. Grounds for appeal include disputing the accuracy of the breath reading or the legality of the stop. We can assess your grounds and manage the appeal on your behalf.

Yes. If your licence is suspended following a DUI charge, you may be eligible for an Alberta Ignition Interlock Program licence, which allows you to drive a vehicle equipped with an interlock device. Your Strategic Criminal Defence lawyer can help you navigate the reinstatement process and apply for early eligibility where possible.

An Immediate Roadside Sanction (IRS) is a non-criminal administrative penalty imposed on the spot by police under Alberta’s Traffic Safety Act. It includes an immediate licence suspension, vehicle impoundment, and fines.

No. An IRS:FAIL is an administrative sanction, not a criminal charge. It applies where BAC is 0.08% or higher but does not result in a criminal record. However, the same incident can also lead to criminal charges being laid under the Criminal Code of Canada, meaning you may face both an IRS and a separate criminal prosecution arising from the same traffic stop.

If you’re charged, a Calgary DUI lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the DUI or impaired driving charge.
  • Gather key evidence, such as police reports, breath test records, video footage from police vehicles or nearby security cameras, witness statements, and expert witnesses, to support the defence argument.
  • 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.

Our impaired driving lawyers know how to navigate both the criminal justice system and administrative procedures with Alberta Transportation.

We can provide pre-charge legal advice, represent you in court, negotiate with prosecutors, and guide you through complex legal procedures.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 8, 2026

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