Impaired Driving

Disclaimer: Please note that the defences outlined on this page relate primarily to Driving Over the Legal Limit charges arising from breath tests. Blood sample cases, and other possible driving alcohol/drug related charges, including, Drug DUI, Refusal, and Fail to Comply with Demand, are beyond the scope of this article. For those charges, please visit the web pages specifically dedicated to those charges, or ...

If you are pulled over while driving impaired, the most important thing you can do is co-operate with the police and comply with their demands, especially when they are testing your sobriety. If you are resistant and fail to follow their instructions, you may be charged with obstruction or “refusal,” which may make your case harder to defend. If you are charged with a ...

Yes, you can get charged with impaired driving if you are found driving while high on drugs, including marijuana. The elements that the Crown must prove beyond a reasonable doubt in order for you to be convicted of this offence are almost the same as those in the case of impairment by alcohol/over 80. However, the manner in which the evidence of this offence is gathered ...

The decision whether to admit you to the US is discretionary on the part of the Customs and Border Protection Agent with whom you interact. This means that regardless of whether you have a criminal conviction, a Border Agent can deny your entry to the US for a variety of reasons. That said, US Customs and Border Protection has clearly stated that a criminal conviction ...

In rare circumstances, even if you are found guilty of a DUI offence (such as Impaired Driving or Over 80 or Care or Control), it is possible to avoid a criminal record.The general rule is that if you are found guilty of a DUI, you will receive a criminal record and a mandatory sentence (see What is the penalty if I plead guilty or am ...

It is surprising to many people that in fact, you can be charged with Impaired Driving, and driving Over 80, even if the vehicle wasn’t moving. Technically, the charge is not “Impaired Driving” or “Driving Over 80”.  Section 253 of the Criminal Code indicates that it is an offence to “operate” or have “care or control” of a motor vehicle while impaired/over 80. Even ...

1. Can I get my licence back before the first court date? Under the current Alberta Administrative License Suspension (AALS) Program, every person charged with an alcohol/drug related driving offence receives a suspension of their licence for 90 days, followed by a further 1 year driving suspension.  The first 90 day suspension has no exceptions. The following, further 12 month suspension can be lifted ...

DUI offences such as Impaired Driving, Over 80, Care or Control and Refusals all carry mandatory minimum sentences set by Parliament. The minimum sentences are set out in sections 255 and 259 of the Criminal Code of Canada.  Although there are a few nuances, generally speaking, the sentence structure is as follows: For a first time offence, the mandatory minimum sentence is a $1,000 fine ...