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Impaired Driving

Persons charged with impaired operation or care or control of a motor vehicle invariably face the additional charge of blowing over .08. Both are distinct offences.

The Crown will attempt to prove impaired operation through either the manner of driving – ie. erratic, failure to maintain lanes etc. – or through the physical indicia of the driver, such as slurred speech, poor motor control, or lack of balance.

For the over .08 offence, the Crown relies on the Certificate of Analyst, which stands as proof that you had over .08 percent blood alcohol unless we apply to have it ruled inadmissible.

First time impaired drivers face fines, and mandatory one year driving prohibitions. Second and subsequent offences dictate mandatory jail sentences and longer driving prohibitions. And, of course, there is the insurance element of an impaired conviction which will increase your insurance rates to the highest levels for three to five years.

Drivers in Alberta may also be aware of the Administrative Licence Suspension Program. This is a Provincial program run separate and apart from the Criminal Code prosecution. Essentially, upon your arrest and charge, your licence is taken away, and you receive a temporary one for 21 days. After 21 days, you lose your driving privileges for three months – there are no exceptions, even for work.

If your licence has been taken away under the Administrative Licence Suspension Program, please contact us to review your options. It may be possible to make an application to the Driver Control Board to reinstate your licence.

The possible defences for impaired operation are too many to list here. It is certainly worthwhile to have experienced counsel review all the evidence against you, as they may able to see issues where none are apparent to a layperson. The law of impaired driving is very technical and very specific with respect to proper police procedure and the timing of when samples are taken. If all the steps were not followed properly by the police, this often gives rise to constitutional issues, and these issues can result in an acquittal.

We would ask you to begin immediately recording all details of your alcohol consumption that day/evening, keep receipts, and record names of witnesses you were with or who may have seen you. This information can be critical to your defence, and would be useful for you to bring to your first meeting with your lawyer.

We believe you can be assisted by counsel who will review your file before a plea is entered, and explore all possible defences. Further, even if you are simply pleading guilty, you may need a lawyer simply to avoid the mandatory jail terms indicated in the Criminal Code and asked for by the Crown.