Impaired Driving Lawyers in Edmonton

Our impaired driving lawyers in Edmonton defend Criminal Code charges of operating a vehicle while impaired by alcohol, drugs or both (s. 320.14), including cases involving collisions, bodily harm and prior offences.

Charges we defend

• Impaired by alcohol
• Drug-impaired driving (cannabis & other drugs)
• Impaired causing bodily harm
• Repeat impaired offences
• Operation while prohibited
• Dangerous operation

When impaired driving becomes criminal

Most first-time impaired driving cases in Alberta are handled through SafeRoads Alberta. Police can instead lay Criminal Code charges — most often for a second or subsequent occurrence, a collision causing injury or death, a child in the vehicle, or other aggravating circumstances.

Impairment by alcohol or drugs

The offence of impaired operation requires proof that your ability to operate the vehicle was impaired to any degree by alcohol, a drug or a combination. Evidence often includes driving behaviour, observations such as slurred speech or the odour of alcohol, field sobriety tests and, for drugs, a drug recognition evaluation and blood test. Separate offences cover blood drug concentrations, including THC limits for cannabis.

Mandatory minimum penalties

• First offence: minimum $1,000 fine and a driving prohibition of at least one year
• Second offence: minimum 30 days in jail and a prohibition of at least two years
• Third or subsequent: minimum 120 days in jail and a prohibition of at least three years

A conviction also creates a criminal record, which can affect employment and travel, including entry to the United States.

How we defend impaired driving charges

• The stop and detention — whether police had lawful grounds
• Right to counsel — whether you were properly advised and given a real opportunity to call a lawyer
• Evidence of impairment — observations can have innocent explanations such as fatigue, nerves or medical conditions
• Drug evaluations — whether the evaluation and blood testing were properly conducted
• Disclosure — video, notes and testing records

Care and control is often contested — we have had an IRS FAIL cancelled on review where the keys were on the passenger seat and the evidence of care and control was thin.

Charged based on a breath reading? See over 80 charges.