DUI Lawyers in Edmonton

Our DUI lawyers in Edmonton handle Immediate Roadside Sanctions, SafeRoads Alberta reviews and Criminal Code impaired driving charges. If you've been stopped anywhere in the Edmonton region — including St. Albert, Sherwood Park, Spruce Grove and Leduc — contact us immediately: the deadline to dispute an IRS is just 7 days.

We handle

• IRS: FAIL
• IRS: WARN
• IRS: 24-hour
• IRS: Commercial & Novice
• SafeRoads Alberta reviews
• Criminal impaired driving (s. 320.14)
• Refusal charges (s. 320.15)
• Over 80 & drug-impaired driving

Two systems: SafeRoads Alberta and the Criminal Code

Since December 2020, Alberta has handled most impaired driving cases through SafeRoads Alberta, an administrative system under the Traffic Safety Act. Instead of criminal charges, police issue an Immediate Roadside Sanction (IRS) with penalties that take effect right away. Many drivers don't realise how serious an "administrative" penalty can be — licence suspensions, vehicle seizure, fines, mandatory courses and ignition interlock.

Police also have the discretion to lay criminal charges under the Criminal Code instead of, or in addition to, an IRS — most often where there is:

• A second or subsequent occurrence (a prior impaired driving conviction or IRS)
• A collision causing bodily harm or death
• A child in the vehicle
• Other aggravating circumstances, including a very high blood alcohol concentration

Knowing whether your case is administrative, criminal, or both determines your entire defence strategy — and how quickly you need to act.

The types of Immediate Roadside Sanctions

• IRS: FAIL — BAC of 80 mg or more per 100 ml of blood, impairment by drugs or alcohol, or failing or refusing to provide a sample.
• IRS: WARN — BAC between 50 and 79 mg per 100 ml of blood.
• IRS: 24-hour — suspected impairment by alcohol, drugs or a medical condition.
• IRS: Commercial — commercial drivers with any alcohol or drugs in their system.
• IRS: Novice — Graduated Driver Licensing (learner and probationary) drivers with any alcohol or drugs in their system.

Penalties escalate with each occurrence.

Criminal impaired driving penalties

• First offence: mandatory minimum fine of $1,000 (higher for elevated BAC or refusal), a driving prohibition of at least one year, and a criminal record
• Second offence: minimum 30 days in jail and at least a 2-year driving prohibition
• Third or subsequent offence: minimum 120 days in jail and at least a 3-year driving prohibition

These are minimums for a conviction. A strong defence can prevent one.

Blew over 80, failed a roadside test, or refused?

Whether you blew a "fail" on a roadside screening device, were accused of drug-impaired driving, or were charged with refusing a breath or drug demand, our impaired driving lawyers in Edmonton can review your paperwork the same day. Refusal is treated as seriously as blowing over the limit — both as an IRS: FAIL and as a Criminal Code offence.

Received an IRS: FAIL? See our IRS FAIL & SafeRoads review lawyers page for penalties and how the 7-day review works.

How we challenge an IRS or DUI charge

• Whether police had lawful grounds to stop and detain you, and to demand a sample
• Whether you were properly informed of your rights — including your right to a lawyer and, for IRS matters, your right to a roadside appeal on a second approved instrument
• Whether breath or drug testing equipment was operated and maintained correctly
• Whether the paperwork and evidence support the specific sanction or charge
• Whether the SafeRoads decision-maker should cancel or confirm the penalty

SafeRoads reviews can be written or oral. We have successfully had Notices of Administrative Penalty cancelled on review, including where drivers were not properly advised of their roadside appeal rights.

If you've been stopped

1. Stay calm and respectful at the roadside. Provide your licence, registration and insurance.
2. Don't discuss the details of your evening or your drinking with anyone other than your lawyer.
3. Keep every document police give you — the Notice of Administrative Penalty lists your deadline.
4. Call a lawyer immediately, before the 7-day SafeRoads deadline or your first court date.