Calgary's Top Impaired Driving (DUI) Lawyers
A successful defence of impaired driving, refusing to blow, or driving while over .08 requires a dedicated lawyer with a meticulous approach. These types of offences are aggressively prosecuted and, therefore, we provide our clients with an equally aggressive defence strategy. There is no need to feel confused or anxious thinking about the charges you face, call Ryan Claxton and Peter Hoare for immediate, free legal advice.
What is Impaired Driving?
Driving while impaired by alcohol or drugs is a Criminal Code offence in Canada, our legal system refers to this charge as Impaired Driving. The American terms for alcohol related driving charges are Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) respectively. In Canada, criminal offences include Impaired Driving, Care and Control, Refusal or Failure to Blow Driving Over .08 (80mg in 100ml), and Drug Impaired Driving cases.
How we defend your Impaired Driving Case
Driving lawyers Peter Hoare and Ryan Claxton have been vigorously defending criminal Impaired Driving (DUI), Over .08 and Refusal to Blow cases throughout Alberta and Western Canada for over 2 decades. They know how to challenge police evidence in criminal driving cases and which defence strategies are successful. Peter and Ryan are both skilled in the art of cross examination and are able to call into question the accuracy of police reports.
In order for you to be convicted, breath or blood samples can only be obtained through lawful procedure. In practice, this means that samples obtained by the police are inadmissible unless they follow rules in the Criminal Code. The rules are technical, sometimes contradictory and very difficult to follow precisely. Our courtroom experience means that we know the testing rules better than the police- an advantage we use to help you. Successful defence tactics include- but are not limited to- the following examples:
- Did the police commence the testing within a reasonable time period?
- Was the testing apparatus in proper working condition and maintained in accordance with manufacturer specifications?
- Were the testing device(s) used approved for use in Alberta?
- Can the Prosecution prove the accused was in “care and control” of the vehicle at the time of the offence?
- Was there an intention or act of operating a vehicle even if they had constructive care and control of the vehicle (e.g., found asleep in a running car on a cold night)?
- Do the notes & observations recorded by the police establish beyond a reasonable doubt that a person was impaired at the time?
- Was the accused held in detention longer than the circumstances warranted?
- Do the new provisions to the Criminal Code dealing with impairment by drugs meet an objective and scientific standard of measurement?
What Should I do if Charged with an Impaired Driving Offence?
Annually over 1400 drivers are charged with one or more of these driving-related offences in Calgary. Not all accused charged are convicted. It is vital that you retain a legal team who is experienced in the highly technical area of Impaired Driving Defence
Do not contact the Crown Prosecutor.
We can start work immediately on collecting the evidence needed for a comprehensive defence strategy.
What if I Simply Plead Guilty or Represent Myself?
We do not recommend self-representation given the possible severity of the consequences. If you are found guilty of impaired driving the minimum punishment is a $1000 fine and a one year prohibition from driving any motor vehicle. Those who have a previous criminal record for driving offences may also face minimum jail sentences. Furthermore, if a person pleads guilty or is convicted after trial of an impaired driving or driving over .08 offence, then vehicle insurance premiums will increase substantially.
If you are convicted you will end up with a searchable federal criminal record. This record can restrict travel abroad and significantly impact a person’s ability to get or maintain employment.