Driving under the influence (DUI) is a serious offence in Calgary, Alberta. With strict laws designed to reduce impaired driving and protect road users, being charged with a DUI can have severe legal consequences. Whether it’s alcohol, drugs, or a refusal to comply with roadside testing, understanding your rights and the legal process is crucial. This article outlines the different types of DUI offences in Calgary and what to expect if you are charged.
Types of DUI Offences in Calgary
Over 80 mg Offence (BAC Over the Legal Limit)
One of the most common DUI offences in Calgary is being caught driving with a blood alcohol concentration (BAC) of over 80 milligrams of alcohol per 100 millilitres of blood. This is often determined through a breathalyzer test conducted by law enforcement.
• If your BAC is above 0.08%, you can be arrested and charged under the Criminal Code of Canada.
• A first-time offence can result in automatic licence suspension, fines, and a mandatory education or treatment program.
• A conviction may result in a criminal record, further fines, and possible jail time.
Impaired Driving (Regardless of BAC Level)
In Alberta, you do not need to be over the legal BAC limit to be charged with impaired driving. If a police officer observes signs of impairment, such as:
• Slurred speech
• Poor coordination
• Delayed response time
• Erratic driving behavior
They can charge you under section 320.14 of the Criminal Code, even if your BAC is below 0.08%.
This means that if an officer believes your ability to drive is impaired by alcohol, drugs, or a combination of both, you can face charges. This is a subjective assessment and can be challenged in court.
Refusal to Provide a Breath Sample (Automatic Penalties)
Refusing to provide a breath sample when requested by a police officer is a serious offence. Under the Criminal Code of Canada, failure to comply with a breath test demand carries the same or even harsher penalties as a failed test.
Consequences of refusal include:
• Immediate licence suspension (often for 90 days or more)
• Fines starting at $2,000
• Criminal charges that can lead to a criminal record
• Mandatory participation in the Alberta Ignition Interlock Program
Refusal is not a way to avoid DUI charges—law enforcement and the courts treat it as an admission of impairment.
Drug-Impaired Driving (Testing for THC Levels and Other Substances)
With the legalization of cannabis in Canada, drug-impaired driving has become a growing concern. Alberta law treats drug-impaired driving as seriously as alcohol-related offences.
• Police can conduct roadside oral fluid screening if they suspect a driver is under the influence of drugs.
• If THC levels exceed 2 nanograms per millilitre of blood, penalties apply.
• For THC levels above 5 ng/ml, criminal charges are likely, leading to fines, licence suspension, and potential jail time.
• Other controlled substances such as cocaine, methamphetamine, and opioids also fall under drug-impaired driving offences.
Criminal Penalties for DUI in Calgary
Below is an overview of the criminal penalties associated with DUI offences in Calgary.
First-Time vs. Repeat Offences
The penalties for DUI in Calgary escalate with each subsequent offence. The consequences for a first-time offence differ significantly from those for repeat offenders.
First-Time DUI Offence:
• Minimum fine of $1,000
• Mandatory 12-month driving suspension
• Mandatory participation in the Alberta Ignition Interlock Program
• Possible jail time (depending on circumstances such as high BAC levels or dangerous driving)
• Completion of an impaired driving education program
Second DUI Offence:
• Mandatory minimum 30-day jail sentence
• Three-year driving suspension
• Higher fines and additional probation requirements
• Possible longer participation in the Ignition Interlock Program
Third and Subsequent DUI Offences:
• Mandatory minimum 120-day jail sentence
• Lifetime driving suspension (with potential for conditional reinstatement after 10 years)
• Significantly higher fines and legal costs
• Permanent criminal record with harsher long-term consequences
Repeat offenders face stricter penalties and harsher court judgments, including longer licence suspensions and potential vehicle impoundment.
Potential Jail Time and Probation
While first-time offenders may avoid jail time in some cases, multiple DUI convictions almost always lead to incarceration. The severity of the penalty depends on:
• The level of impairment (BAC well over 0.08%)
• Whether the DUI resulted in bodily harm or death
• Previous DUI convictions
• Refusal to comply with law enforcement
Probation conditions for DUI convictions may include:
• Mandatory alcohol or drug counselling
• Community service requirements
• Strict driving restrictions (only allowing driving with an ignition interlock device)
A DUI causing injury or death can lead to significant jail time, ranging from several years to life imprisonment, depending on the case.
How a DUI Conviction Affects Your Permanent Record
A DUI conviction is a criminal offence and will appear on your permanent record, which can impact multiple areas of your life, including:
• Employment opportunities: Many employers conduct background checks, and a DUI conviction may disqualify you from certain positions, especially in industries requiring driving.
• Travel restrictions: Countries such as the United States may deny entry to individuals with DUI convictions.
• Increased insurance costs: DUI offenders face substantial hikes in auto insurance premiums or may even lose coverage.
• Professional licensing: Certain careers, such as law enforcement, healthcare, and government roles, may be impacted by a DUI conviction.
While it is possible to apply for a record suspension (formerly known as a pardon) after several years, this is not automatic and requires legal processes.
Possible Defences That Can Be Used in Court
If you are charged with a DUI in Calgary, a criminal defence lawyer can assess your case and determine whether there are grounds to challenge the charges. Common defences include:
1. Challenging the Accuracy of Breathalyzer or Blood Tests
• Breathalyzers and roadside alcohol screening devices can malfunction or be improperly calibrated.
• Blood test results can be contaminated or incorrectly analyzed.
2. Lack of Reasonable Suspicion or Unlawful Traffic Stop
• Police must have reasonable suspicion before conducting a roadside test.
• If you were pulled over without valid cause, your defence lawyer could argue the stop was unlawful.
3. Violations of Charter Rights
• If the police failed to inform you of your right to legal counsel or denied access to a lawyer, your rights may have been violated.
• Any evidence obtained illegally can potentially be dismissed.
4. Medical Conditions or Other Explanations for Impairment
• Some medical conditions (e.g., diabetes, neurological disorders) can mimic signs of impairment.
• Mouth alcohol (from medications or health conditions) can cause false-positivebreathalyzer results.
5. Errors in DUI Procedures
• If the police did not follow proper arrest and testing protocols, the case may be dismissed due to procedural errors.
Hiring a DUI defence lawyer in Calgary can help assess whether any of these defences apply to your case and explore options to reduce or dismiss the charges.
How a DUI Charge Affects Your Driving Record
Below, we break down the key effects a DUI has on your driving record.
Impact on Alberta’s Demerit Point System
Unlike other traffic violations, a DUI charge does not result in demerit points in Alberta. Instead, Alberta imposes automatic licence suspensions and vehicle impoundments under the Immediate Roadside Sanctions (IRS) program.
Immediate Licence Suspensions for DUI in Alberta
• First Offence: 90-day licence suspension (absolute ban on driving) followed by a 12-month ignition interlock requirement.
• Second Offence: 90-day licence suspension plus 36 months of ignition interlock.
• Third Offence: 90-day licence suspension plus lifetime ignition interlock requirement (with potential for conditional reinstatement after 10 years).
Even if you do not receive a criminal conviction, these administrative suspensions remain on your Alberta driving record for 10 years and can be accessed by insurance providers, employers, and law enforcement.
Increased Insurance Rates (How Long It Stays on Record)
One of the most significant financial consequences of a DUI in Calgary is the dramatic increase in car insurance premiums.
• How Much Will Your Insurance Increase?
o Following a DUI conviction, you may be labeled a high-risk driver, leading to insurance rates tripling or more.
o Some insurance providers may refuse to cover you entirely, requiring you to seek high-risk insurance, which is substantially more expensive.
o The exact increase depends on your insurance history, age, and the severity of the DUI offence.
• How Long Does a DUI Affect Insurance in Alberta?
o A DUI conviction typically stays on your driving record for 10 years in Alberta.
o Most insurance companies assess your driving record for at least 6 years, meaning you will likely face higher premiums for at least this period.
o If you have multiple offences, insurance companies may require SR-22 insurance, a special policy designed for high-risk drivers, which comes at an extreme cost.
Even after the initial 6 years, a DUI conviction can continue to affect your insurance rates, coverage options, and ability to find a willing insurer.
Long-Term Effects on Employment and Travel
A DUI conviction does not just impact your ability to drive—it can have lasting career and travel consequences as well.
Employment Consequences of a DUI in Calgary
• Jobs that require driving (e.g., truck drivers, delivery drivers, rideshare drivers) may immediately terminate your employment or refuse to hire you.
• Government positions, law enforcement, and professional licensing bodies may consider a DUI a serious red flag, affecting your ability to work in regulated industries.
• Employers conducting background checks will see a criminal DUI conviction, making it harder to secure jobs in finance, security, healthcare, and corporate roles.
• Some industries, such as construction and trades, require clean driving records for insurance purposes, meaning a DUI can prevent employment in these fields.
Travel Restrictions Due to a DUI Conviction
• United States: A DUI conviction is considered a criminal offence under U.S. immigration law, and you may be denied entry at the border.
• Canada: If you are a foreign national with a DUI, you may face difficulties renewing work permits or applying for permanent residency or citizenship.
• Other Countries: Many countries, including Australia and Japan, may refuse entry or require special waivers for travelers with DUI convictions.
If you plan to travel internationally after a DUI conviction, you may need legal assistance to apply for waivers or pardons to regain travel eligibility.
Steps to Take If You Are Charged with DUI
Below are the essential steps to take if you are facing a DUI charge in Alberta.
What to Do Immediately After an Arrest
The moments following a DUI arrest are critical. How you respond can affect your case and potential defence options.
1. Remain Calm and Compliant
• Do not resist arrest or argue with law enforcement, as this can lead to additional chargessuch as obstruction of justice.
• Follow the officer’s instructions while remaining polite and composed.
2. Do Not Admit to Drinking or Drug Use
• Anything you say can and will be used against you in court.
• Avoid answering incriminating questions such as, “How many drinks did you have?”
• You have the right to remain silent—exercise it.
3. Request Legal Counsel Immediately
• Under Section 10(b) of the Canadian Charter of Rights and Freedoms, you have the right to speak with a lawyer without delay.
• Clearly state, “I wish to speak to a lawyer immediately.”
• Do not answer further questions until you have received legal advice.
4. Follow All Legal Testing Procedures
• Refusing a breath or blood test results in automatic penalties and can be treated as a criminal offence.
• Comply with testing while ensuring that police follow proper procedures.
Your Rights during a DUI Stop and Testing Process
Police officers must follow strict legal procedures when conducting DUI stops in Calgary. Knowing your rights can help protect you from unlawful charges.
1. Right to Be Informed of the Reason for the Stop
• The officer must clearly explain why you were pulled over.
2. Right to Refuse to Answer Questions
• You are not required to provide self-incriminating statements.
• You must, however, provide basic identification (driver’s licence, registration, and proof of insurance).
3. Right to Legal Representation
• You have the right to speak with a DUI lawyer before undergoing further testing at the police station.
4. Right to Challenge Improper Testing Procedures
• If the breathalyzer or drug test was improperly conducted, this may be grounds for a legal defence.
• Breathalyzers must be calibrated correctly, and officers must follow proper protocols.
Seeking Legal Representation from a Calgary DUI Lawyer
If you have been charged with impaired driving, contacting a DUI defence lawyer in Calgaryshould be your top priority. An experienced lawyer can:
✅ Review the details of your case to identify procedural errors.
✅ Determine whether your rights were violated during the arrest.
✅ Negotiate reduced charges or dismissal if legal errors are found.
✅ Represent you in court and challenge the prosecution’s evidence.
Hiring a criminal defence lawyer specializing in DUI cases improves your chances of avoiding severe penalties such as a criminal record, jail time, and long-term driving restrictions.
Potential Defences for a DUI Charge in Calgary
There are several legal defences that can be used to fight a DUI charge in Calgary. These include:
1. Police Errors During the DUI Stop
• If the police did not have reasonable suspicion to stop your vehicle, the charge may be challenged.
• Failure to properly inform you of your rights can also weaken the prosecution’s case.
2. Improper Testing Procedures
• Breathalyzer or blood testing devices must be calibrated and administered correctly.
• If an officer did not follow proper testing procedures, the test results may be ruled inadmissible in court.
3. Violations of the Canadian Charter of Rights and Freedoms
• If the police denied you access to a lawyer, your rights under Section 10(b) were violated.
• Any evidence collected unlawfully may be excluded from the case.
4. Alternative Explanations for Impairment
• Medical conditions (e.g., diabetes, neurological disorders) can mimic impairmentsymptoms.
• Mouth alcohol from mouthwash or medication can cause false-positive breathalyzer results.
How a Calgary DUI Lawyer Can Help
Importance of Hiring a Lawyer with DUI Defence Experience
Not all criminal defence lawyers specialize in DUI cases. Given the strict impaired driving laws in Alberta, it is crucial to hire a lawyer with specific experience in DUI defence.
An experienced DUI lawyer in Calgary can:
✅ Assess the strength of the prosecution’s case and identify weaknesses.
✅ Ensure that your rights were not violated during the arrest.
✅ Challenge breathalyzer, blood test, and roadside test results.
✅ Represent you in court and fight for a dismissal or reduction of charges.
✅ Help prevent a DUI conviction from affecting your permanent record.
Why Experience Matters:
DUI cases involve scientific evidence, roadside testing procedures, and Charter rights challenges. A lawyer with experience in DUI defence understands how to contest these elements and create a strong defence strategy.
Strategies to Challenge Evidence in a DUI Case
A strong DUI defence focuses on challenging the evidence presented by the prosecution. The goal is to weaken the case against you and potentially get the charges reduced or dismissed.
1. Challenging the Breathalyzer or Blood Test Results
Breathalyzer and blood test results are often the key pieces of evidence in DUI cases. However, these tests are not foolproof and can be challenged if there were:
• Improper calibration of the breathalyzer device (breathalyzers must be maintained and calibrated correctly).
• Errors in how the test was administered by the police officer.
• Delays between the time of driving and the breath test, which can result in inaccurate readings.
• Contaminants such as mouth alcohol (e.g., from mouthwash or medication) that can create false positives.
2. Examining Police Officer Conduct
A DUI charge can be challenged if the officer did not follow proper procedures during the stop or arrest. Issues that could lead to charges being dismissed include:
• Lack of reasonable suspicion for the traffic stop (the officer must have a valid reason to pull you over).
• Failure to inform you of your right to legal counsel (this is a violation of your Charter rights).
• Improper administration of Standardized Field Sobriety Tests (SFSTs) at the roadside.
3. Challenging the Accuracy of Roadside Sobriety Tests
Roadside sobriety tests, such as walking in a straight line or standing on one leg, are highly subjective. Many factors, including medical conditions, nervousness, or poor weather conditions, can affect performance—not just alcohol or drug impairment.
4. Identifying Violations of Your Charter Rights
If your Charter rights were violated, your lawyer can file a motion to exclude evidence or have the charges dismissed. Key violations may include:
• Denial of your right to contact a lawyer upon arrest.
• Unlawful search and seizure (e.g., taking a blood sample without proper authorization).
• Failure to inform you of the reason for your detention.
Negotiating Plea Deals or Reduced Charges
If the evidence against you is strong, a DUI lawyer can still negotiate a plea deal to reduce the severity of your penalties.
1. Reduction to a Lesser Charge
In some cases, a lawyer may negotiate a DUI charge down to a lesser offence such as:
• Careless driving (a traffic offence instead of a criminal charge).
• A non-criminal impaired driving offence under Alberta’s Immediate Roadside Sanctions (IRS) system.
This can help you avoid a criminal record and reduce penalties like licence suspensions and jail time.
2. Plea Bargaining for Lower Penalties
Even if a conviction cannot be avoided, your lawyer may negotiate to:
• Reduce fines and probation conditions.
• Lower the duration of licence suspensions.
• Avoid jail time in favour of community service or a rehabilitation program.
3. Alternative Sentencing Options
A skilled lawyer may argue for rehabilitative options instead of harsh criminal penalties, such as:
• Enrolling in Alberta’s Ignition Interlock Program to regain driving privileges sooner.
• Completing an alcohol or drug education program instead of facing maximum penalties.
Avoiding a DUI in Calgary
Safe Driving Alternatives: How to Avoid Impaired Driving
If you plan to drink alcohol or consume cannabis, never take the risk of driving impaired. Calgary offers several safe alternatives to ensure you get home safely without putting yourself or others in danger.
1. Rideshare and Taxi Services
• Uber and Lyft: Available 24/7 in Calgary, these rideshare services provide a quick and affordable way to get home.
• Traditional Taxis: Several taxi companies, such as Checker, Associated Cabs, and Mayfair Taxi, operate throughout Calgary.
• Alberta’s Saferide Home Program: Some local businesses offer free or discounted rides for impaired patrons.
2. Designated Drivers (DD) and Sober Friends
• Plan ahead by choosing a designated driver who will remain sober throughout the night.
• Use designated driver services, which allow a professional driver to drive you and your vehicle home safely.
3. Public Transit Options
• Calgary Transit (C-Trains & Buses): The C-Train runs until 1:30 AM, making it a safe and cost-effective option.
• Night Owl Buses: Select bus routes operate late at night, providing additional transportation options.
By choosing one of these alternatives, you eliminate the risk of a DUI charge, licence suspension, or causing harm to yourself or others.
Understanding Alberta’s Zero Tolerance Laws for New Drivers
Alberta enforces a Zero Tolerance policy for new and young drivers under the Graduated Driver Licensing (GDL) Program.
Who is Affected?
• GDL drivers (Class 7 & Class 5-GDL)
• Drivers under 21 years old (regardless of licence type)
What Does Zero Tolerance Mean?
• No alcohol or drugs in your system while driving.
• Immediate licence suspension if any amount of alcohol or cannabis is detected.
• Fines and mandatory education programs for violations.
Penalties for New Drivers Who Violate Zero Tolerance Laws:
• Immediate 30-day licence suspension.
• 7-day vehicle seizure.
• Mandatory participation in an impaired driving education program.
For GDL drivers, a Zero Tolerance DUI charge delays their ability to graduate to a full licence and can result in extended probation periods.
New drivers must be especially cautious, as even one minor infraction can have long-lasting consequences on their driving privileges.
The Consequences of Multiple DUI Offences & How to Prevent Repeat Charges
If you have already been convicted of a DUI, it is critical to avoid reoffending. The consequences of multiple DUI charges in Calgary are severe and can lead to:
• Mandatory jail time (minimum 30 days for a second offence, 120 days for a third offence).
• A lifetime driving suspension after a third conviction.
• Permanent criminal record, making it difficult to find employment or travel.
• Increased insurance rates, often making it impossible to obtain affordable coverage.
How to Prevent Repeat DUI Charges
1. Install an Ignition Interlock Device (if required)
o Alberta requires repeat DUI offenders to participate in the Ignition Interlock Program, which prevents the car from starting if alcohol is detected in the driver’s breath.
2. Seek Treatment for Alcohol or Substance Use Issues
o If alcohol or drugs played a role in a past DUI, attending rehab, therapy, or support groups (such as Alcoholics Anonymous) can help prevent future offences.
3. Commit to Alternative Transportation Plans
o If you know you’ll be drinking, make arrangements in advance for a sober ride home.
4. Avoid Risky Situations
o If you feel pressured to drink and drive, leave your car at home before heading out.
