Edmonton DUI & Impaired Driving Lawyers
If you've been arrested for impaired driving in Edmonton or anywhere in Alberta, the decisions you make in the next few hours matter. You may be facing an Immediate Roadside Sanction (IRS) from SafeRoads Alberta, a criminal charge under the Criminal Code, or both; and each comes with its own deadlines, penalties, and defence strategy. At Verdicta LLP, we help clients understand exactly what they're facing and fight to protect their licence, their record, and their future.
Understanding Your Charge
IRS vs. Criminal Impaired Driving
Since December 2020, Alberta has handled most impaired driving cases through SafeRoads Alberta using Immediate Roadside Sanctions (IRS) rather than sending every case through criminal court. This is a major shift, and many drivers don't realize how serious an "administrative" penalty can still be.
IRS: FAIL is issued when a driver's blood alcohol concentration (BAC) is over 80mg per 100ml of blood, or when a driver refuses or fails to comply with a breath or drug test. It results in an immediate licence suspension, vehicle seizure, and mandatory education or ignition interlock requirements — even without a criminal conviction.
You can still face a criminal charge in addition to an IRS if:
-
This is a second or subsequent offence
-
The incident involved bodily harm or death
-
There was a child in the vehicle
-
Your BAC or aggravating circumstances meet certain thresholds
Knowing if your case is administrative, criminal, or both determines your entire defence strategy and how quickly you need to act.
Penalties You Could Be Facing in Alberta
Impaired driving penalties in Alberta escalate quickly:
-
First offence (criminal conviction): minimum one-year driving prohibition and a $1,000 fine, plus a criminal record
-
Second offence: minimum 30 days in jail and at least a 2-year driving suspension
-
Third or subsequent offence: minimum 120 days in jail and at least a 3-year suspension
-
IRS administrative penalties: immediate licence suspension, vehicle seizure, mandatory education programs, and possible ignition interlock — separate from and in addition to any criminal penalty
These are minimums. Aggravating factors such as a high BAC, an accident, a child passenger can push penalties significantly higher. The good news: these are minimums for a conviction, and a strong defence can prevent one.
How We Defend DUI and Impaired Driving Charges
No two impaired driving cases are the same, and neither are the defences. Depending on the facts of your case, we look closely at:
-
Whether police had lawful grounds to stop and detain you
-
Whether your Charter rights were respected, including your right to speak to a lawyer before providing samples
-
Whether breath or drug testing equipment was used and calibrated correctly
-
Whether the evidence supports the specific charge laid
-
Whether an IRS penalty can be appealed or reduced
We move quickly, because IRS appeals and early defence steps are time-sensitive. Waiting even a few days can close off options that were available immediately after your arrest.
What To Do If You've Been Charged
1) Stay calm and be respectful at the roadside, but you are not obligated to answer questions beyond identifying yourself.
2) Do not discuss the details of your arrest with anyone other than your lawyer.
3) Contact a lawyer immediately before your first court date or any SafeRoads deadline.
4) Keep any paperwork given to you by police or SafeRoads Alberta; deadlines for appeals can be very short.
Our Partners in Edmonton
We work locally with a variety of individuals and businesses in Edmonton to provide them with modern and practical legal solutions.
*Verdicta LLP collaborates with select brands for marketing and community initiatives