Areas of Practice

Every step, challenged

Impaired Driving Defence

Impaired driving is one of the most technically defensible charges in criminal law. Convictions depend on precise police procedure — the grounds for the stop, the timing of demands, the operation of breath instruments, and your Charter rights at every step.

Alberta drivers also face a parallel provincial system of immediate roadside sanctions that operates alongside the criminal process. We guide clients through both, and we challenge every link in the Crown's chain.

I

Challenges to breath and blood testing procedure and timing

II

Charter litigation over stops, detention, and right to counsel

III

Refusal and 'care or control' allegations defended

IV

Guidance on Alberta's provincial roadside sanction regime

Frequently Asked questions.

What is the legal limit in Canada?
Driving with a blood alcohol concentration at or over 80 milligrams of alcohol per 100 millilitres of blood is a criminal offence, and separate per se limits exist for drugs such as THC. Alberta's provincial sanctions can also apply at lower readings, beginning at 0.05.
What are the penalties for a first offence?
A first criminal conviction carries a mandatory minimum $1,000 fine — higher for elevated readings — and a driving prohibition of at least one year, along with a criminal record and steep insurance consequences. Participation in Alberta's ignition interlock program can allow earlier driving with restrictions.
Can I refuse the breathalyzer?
Refusing or failing to comply with a lawful breath demand is itself a criminal offence, carrying penalties at least as severe as an impaired conviction. Whether the demand itself was lawful, however, is a genuine issue that a defence lawyer can litigate.
What are Alberta's immediate roadside sanctions?
Alberta operates an administrative regime (IRS) under which police can immediately suspend licences, seize vehicles, and impose fines at the roadside — separate from any criminal charge. These sanctions have their own short review deadlines, so contact counsel immediately.

The information on this page is general legal information about Canadian criminal law and Alberta procedure. It is not legal advice, and it does not create a lawyer–client relationship. Every case turns on its own facts — contact Snukal Law Office for advice about your specific situation.

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