Impaired Driving Offences
Impaired driving allegations can result in immediate roadside penalties, criminal charges, and driving prohibitions, even before a court appearance occurs.
Ivy Law provides strategic representation for individuals facing Impaired Driving charges across Alberta and British Columbia. These cases often involve roadside investigations, breath or blood testing, Charter considerations, and mandatory minimum penalties that can have lasting effects on employment, travel, and insurance.
Our defence lawyers represent clients throughout Calgary, Lethbridge, Medicine Hat, Red Deer, Vancouver, Surrey, and Abbotsford, providing disciplined advocacy when liberty, mobility, and future consequences are at stake.
Get the legal guidance you need. Contact IVY Law for a free, confidential consultation to discuss your case, understand your options, and take the first step toward protecting your rights.
Key Takeaways
- Impaired Driving offences carry mandatory minimum penalties upon conviction
- Charges may arise from alcohol, drugs, or a combination of both
- Roadside procedures and testing must comply with Charter protections
- Convictions can result in driving prohibitions, fines, and jail
- Early legal advice can affect bail, evidence admissibility, and outcomes
Criminal Defence Representation
Impaired driving cases often begin with roadside stops, demands for breath samples, or drug screening tests. Police actions during these early stages are frequently scrutinized in court. Alberta and British Columbia courts treat impaired driving allegations seriously, particularly where aggravating factors such as prior convictions, accidents, or injuries are alleged. Early legal intervention can shape release conditions, testing challenges, and the overall trajectory of the case.
Understanding Impaired Driving Offences
Impaired driving offences are governed by section 320.14 of the Criminal Code. This section addresses operating a motor vehicle while impaired by alcohol, drugs, or a combination of both, as well as operating with a blood alcohol concentration at or above the legal limit.
Related offences include refusing to comply with a lawful demand under section 320.15 and impaired driving causing bodily harm or death under section 320.14(2)–(3). Penalties increase significantly where aggravating circumstances are alleged.
Many impaired driving cases involve legal issues surrounding traffic stops, timing of breath demands, operation of testing devices, and access to legal counsel. These issues can be central to how evidence is assessed by the court.
How We Help
- Examine roadside stops and police grounds for detention
- Review breath or blood testing procedures and device compliance
- Assess Charter issues related to delay, demand timing, and counsel access
- Advocate for bail and manageable release conditions
- Engage the Crown to pursue appropriate resolutions where available
The Defence Process
- Initial review of the investigation, testing, and disclosure
- Strategic assessment of Charter and evidentiary challenges
- Court advocacy through bail hearings, applications, and trial
- Resolution focused on minimizing penalties and long-term impact
Common Charges & Scenarios
- Operating a vehicle while impaired under s.320.14 Criminal Code
- Operating with blood alcohol concentration at or above the legal limit under s.320.14 Criminal Code
- Refusal to comply with a demand under s.320.15 Criminal Code
- Impaired driving causing bodily harm or death under s.320.14(2)–(3) Criminal Code
Frequently Asked Questions
Get quick answers to questions clients frequently ask before working with our firm.
Administrative suspensions often occur at the roadside, separate from the criminal case.
Mandatory minimum penalties apply upon conviction, with increased consequences for repeat offences.
Yes. Many cases turn on procedural compliance, testing reliability, and Charter protections.
A conviction can impact international travel, particularly to the United States.
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The Right Next Step Starts with a Conversation
You don't need to have every answer before speaking with a lawyer. Sometimes, you simply need someone to listen, explain your options, and help you understand what comes next.
At Ivy Law, we're here to help you navigate life's legal challenges with personalized guidance and a clear path forward.