Impaired driving charges are among the most common—and most serious—criminal offences in Alberta. If you’ve been charged with a DUI, here’s what you need to know.

Driving under the influence (DUI), also referred to as impaired driving, can lead to criminal charges with lasting consequences in Alberta. Whether your case involves alcohol, cannabis, or another substance, a conviction can impact your license, job, insurance, and future opportunities.

Here’s a breakdown of the law, the consequences, and what to do if you’re facing a DUI charge.

What Is Considered Impaired Driving in Alberta?

In Alberta, DUI laws fall under both federal and provincial legislation:

Under the Criminal Code of Canada, it is a criminal offence to:

• Operate or have care or control of a vehicle while your ability to do so is impaired by alcohol or drugs

• Have a blood alcohol concentration (BAC) of 80 mg or more per 100 mL of blood (0.08)

• Have a blood drug concentration above the legal limits (e.g., THC levels over 2 ng/mL)

You can be charged even if you’re below the legal limit, if your ability to drive is considered impaired.

Under Alberta’s Immediate Roadside Sanctions (IRS) program:

As of December 2020, Alberta introduced administrative penalties that are separate from criminal charges. If you’re pulled over and fail or refuse a breathalyzer or drug test, you may face:

• Immediate license suspension

• Vehicle seizure

• Significant fines and reinstatement costs

• Mandatory participation in Alberta’s Ignition Interlock Program

You can face both administrative and criminal penalties simultaneously.

Penalties for DUI in Alberta

Penalties can vary depending on whether it’s your first offence, your BAC level, or whether any harm occurred.

For a first offence, you may face:

• A minimum $1,000 fine

• A criminal record

• A one-year driving suspension

• Mandatory enrollment in the Ignition Interlock Program

For repeat offences or cases involving injury or death:

• Jail time (mandatory for second and third offences)

• Longer license suspensions

• Higher fines and longer interlock requirements

• Potential vehicle forfeiture

A DUI conviction can also significantly raise your insurance premiums and limit employment options that require driving.

What Happens After a DUI Charge?

If you’re charged with impaired driving, you’ll be issued a Notice of Administrative Penalty and a criminal court date. From there:

1. Seek legal counsel immediately.
   The timelines for appealing administrative penalties are short—typically within 7 days. A lawyer can also assess whether the traffic stop, arrest, or testing procedures were lawful.

2. Review the disclosure.
   This includes the evidence against you (e.g., police reports, breathalyzer results, body cam footage). Your lawyer will request and review this to determine the strength of the case.

3. Determine your legal options.
   These may include challenging the validity of the stop, questioning testing procedures, or negotiating a resolution to avoid a criminal record.

Can You Fight a DUI Charge?

Yes. Every case is unique, and DUI defences can be technical and fact-specific. Common defence strategies include:

• Challenging the legality of the traffic stop or arrest

• Disputing the accuracy or timing of the breath test

• Arguing that rights were violated (e.g., not allowing access to counsel)

• Highlighting inconsistencies in the officer’s report or testimony

With the right legal support, it may be possible to have charges reduced or dismissed altogether.

Why Early Legal Advice Matters

Whether it’s your first offence or a repeat situation, DUI charges carry high stakes. A criminal record, license suspension, or jail time can affect every part of your life.

At Pritchard & Co. Law Firm, we approach every case with experience, attention to detail, and a commitment to protecting your rights. We’ll walk you through your options, explain the process clearly, and work toward the best possible outcome—so you can move forward.

Impaired driving charges are serious—but you don’t have to face them alone. Get the legal advice you need to protect your future.

This blog post is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create a solicitor-client relationship with Pritchard & Co. Law Firm, and the information provided may not apply to your unique situation. Laws can change and legal outcomes vary based on specific facts. If you are facing criminal charges or have legal questions, please consult a qualified criminal defence lawyer in Alberta.

Pritchard and Co

Pritchard and Co. Law Firm, LLP helps you navigate the turning points of life.
Contact us at 403-527-4411 or at lawyers@pritchardandco.com.