Impaired Driving Lawyers
DUI & Drunk Driving Litigation in Edmonton, Alberta

Impaired driving in Alberta refers to operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that it affects the person's ability to safely operate the vehicle. In Alberta, impaired driving is primarily regulated under the Criminal Code of Canada.

The first thing you must do if you’ve been pulled over and accused of an offence is to show the officer your drivers’ license, vehicle registration, and proof of insurance. This action is required by law and refusal to do so may result in a heavier charge.
The second thing to keep in mind also is if asked, you must blow into an Approved Screening Device (ASD) or breathalyzer. In Alberta, if you fail to provide the officer with a breath sample, your licence will be automatically suspended.

Unfortunately, many people just accept the driving charges against them and pay the fine, take the demerit points, or do the time without question.
The right criminal defence and impaired driving lawyers can change all that.
With years of experience defending against driving charges, we know all the technicalities of Alberta’s traffic laws, whether it’s a severe criminal charge or a simple speeding ticket. We’ve helped hundreds of clients in Calgary and Edmonton to reduce their sentences, appeal charges, and even had charges dropped entirely. We can help you too.

Alberta uses a 10-year look-back period for repeat offenders and impaired driving convictions. This is among the longest in Canada and can affect how the courts will judge your case even if years have passed since your first conviction.

You can generally expect to take two and a half to seven months from when you put in your plea for your impaired driving case to go to trial. This period may depend on several factors regarding your case. During this time, our impaired driving and DUI lawyers will thoroughly investigate the circumstances surrounding your charge and put together a solid argument to defend you in court.

For a more accurate estimate specific to the conditions of your drunk driving case, we strongly encourage you to consult with the Edmonton and Calgary DUI lawyers of Martin G. Schulz & Associates. Our impaired driving lawyers in Edmonton have extensive experience defending impaired driving cases and can help you through every step of the process.

First-time offenders will face a mandatory minimum fine of $1000 for a BAC of 0.119 or 5ng of THC or any other prohibited substance within two hours of driving.

In Alberta, you will also face an immediate suspension of your license for up to 90 days and a one-year requirement to drive with an ignition interlock device or a “car breathalyzer”. Your car may also be impounded during the first three days of being issued your impaired driving charge.

Second-time offenders will face a mandatory minimum of imprisonment for 30 days or more.

In Alberta, you will face the same immediate license suspension and the impoundment of your vehicle for up to seven days. In addition, a criminal conviction will also result in a three-year requirement to participate in the ignition interlock device program.

Third-time offenders will face mandatory imprisonment for 120 days up to 10 years, depending on the severity and circumstances of the impaired driving charge.

If you have any questions concerning the fees you’ve been charged with following your DUI charge, please call our expert and knowledgeable lawyers and book your free no-obligation consultation.

At Martin G. Schulz, we greatly encourage that you find suitable representation for your impaired driving case should you choose to challenge it in court.

If you are found guilty of your first-time offence, you may experience the following:

• Suspension of your license for up to one year. If you are found to be driving while suspended, you will face additional extensive fines and even jail time
• Requirement to participate in the ignition interlock device program for one year. During this period, you will also be responsible for the installation cost, monthly fees, and removal fees for the device
• Increased insurance rates

Yes. You may still be charged and convicted of an impaired driving offence if you are found inside of a vehicle and are over the legal blood alcohol content limit, even if you were not driving at the time, and the vehicle was not in motion. The grounds for conviction, in this case, are in determining whether or not there was a reasonable risk that you may have driven, not whether you actually did. It is still an offence to be in the care and control of a motor vehicle while impaired.

The court will need to consider factors that would lead to the presumption that there was an intent to drive while under the influence of drugs or alcohol. For instance, relevant questions would include:

• Was the individual sitting in the driver’s seat of the vehicle?
• Were the keys in the ignition or readily accessible to the occupant?
• Was the vehicle operational at the time?

Care and control convictions carry the same minimum penalties as DUI convictions, so it is crucial that legal representation is promptly appointed and a strong defence is prepared.

No, convictions for impaired driving offences in Canada will not prevent your entry into the US, provided there are no other circumstances that would disqualify you.

As a defence, an individual may argue that they were not impaired, or that the tests used to determine their BAC were not accurate. However, it is ultimately up to the legal system to determine guilt or innocence. It is recommended to consult with a legal professional for specific advice on defending against impaired driving charges in Alberta.

In Calgary, Alberta, individuals convicted of DUI offence often face consequences that may result in the suspension or revocation of their driver's license. The length of the suspension or revocation period varies depending on several factors, such as previous offence convictions, the level of blood alcohol concentration (BAC), and the presence of additional aggravating factors like traffic safety violations, accidents, or injuries.