An impaired driving stop in Alberta can lead to an immediate roadside sanction, a criminal charge, or both. The deadlines to respond are short, and the consequences reach your licence, your insurance, your job and, for non-citizens, your immigration status.
In Alberta, many first-time impaired driving cases are now handled through the provincial Immediate Roadside Sanctions program rather than in criminal court. Penalties can include licence suspension, vehicle seizure, fines and mandatory programs. These sanctions can be disputed through SafeRoads Alberta, but only within a short time after the stop.
In other cases, for example where there was a collision causing injury, a prior record, or a refusal, police may lay criminal charges under the Criminal Code. Those charges proceed through the courts.
The deadline to dispute a roadside sanction is short. It is measured in days, not weeks. Contact us immediately after the stop and keep every document the officer gave you.
We examine whether the stop and the demand were lawful, whether the testing was done properly and on time, whether your right to counsel was respected, and whether the disclosure supports the charge. Charter breaches and technical problems with the evidence can lead to evidence being excluded.
Impaired driving is treated as serious criminality under Canadian immigration law. A conviction can make a permanent resident or foreign national inadmissible to Canada. If you are not a citizen, tell us at the outset so we can consider the immigration consequences of every option.
The officer issues a sanction, lays a charge, or both, and gives you documents.
We review the documents and, if appropriate, request a review through SafeRoads Alberta within the deadline.
In criminal cases, we obtain and review the police evidence, video and test results.
We challenge the evidence, negotiate, or defend the case at trial.
No. Immediate Roadside Sanctions are provincial administrative penalties. They do not create a criminal record, but the penalties can be significant and the time to dispute them is short.
No. Refusal is an offence in itself and generally carries consequences at least as serious as failing.
Licence consequences depend on whether the matter is handled as a roadside sanction or a criminal charge, and on your history. We explain what to expect in your case.
Book a consultation online, or call us Monday to Friday, 9:00 a.m. to 5:00 p.m.
587-393-3958Request a consultationBook a consultation online, or call us at 587-393-3958, Monday to Friday, 9:00 a.m. to 5:00 p.m.
The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.
UMPC Law is the trade name of Usman Mahmood Professional Corporation, a law practice in Northeast Calgary representing clients in immigration, motor vehicle accident, criminal and family matters.
Suite 210, 3132 26 Street NE
Calgary, Alberta T1Y 6Z1
587-393-3958
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info@umpclaw.ca
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9:00 a.m. to 5:00 p.m.
The information on this website is general information, not legal advice. Contacting UMPC Law does not create a lawyer–client relationship. Limitation periods and deadlines can be short; get advice promptly.
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