Under the Criminal Code of Canada, impaired driving is defined as operating, assisting in the operation of, or having care and control of a conveyance (aka. vehicle) while under the influence of drugs, alcohol or a combination of both. These charges apply even if the vehicle is not in motion and can include cars, motorcycles, any type of vessel, aircraft or railway equipment.

The Criminal Code also defines what is considered a prohibited level of alcohol or drugs as:

• 80 mg or more of alcohol per 100 ml of blood.
• Between 2 nanograms (ng) and 5 ng of THC per ml of blood (this is considered a Less serious offence).
• 5 ng of THC or more per ml of blood (a more serious offence).
• 50 mg or more of alcohol per 100 ml of blood combined with 2.5 ng or more THC per ml of blood.
• 5 mg or more of GHB per litre of blood.
• Any detectable amount of an illegal drug in your system within two hours of driving. This includes LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, and 6-mam (a metabolite of heroin).

In Alberta police are now authorized to charge drunk driving under either the Criminal Code or the Traffic Safety Act (non-criminal impaired driving). 

The criminal offence of impaired driving includes a mandatory minimum fine that ranges from $1,000.00 to $2,000.00, along with a minimum license prohibition of 12 months from the date of conviction or guilty plea. Additionally, you will be subject to a criminal record for life, impacting your ability to secure employment and travel internationally. The non-criminal offence of impaired driving includes a mandatory driver’s license suspension, a vehicle seizure and significant insurance consequences. 

A common misunderstanding is that because you “blew over” the legal limit or were impaired, you are automatically considered guilty and have no defence. That is entirely incorrect. Most impaired driving cases are won or lost on the police’s failure to comply with investigative procedures and their failure to ensure that your Charter rights are complied with. In fact, the number that appeared on the breathalyzer device typically does not affect your chances of success at trial.

It is imperative to your defence that you secure skilled and experienced criminal defence lawyers who are familiar with the intricacies and nuances of impaired driving litigation in Alberta and across Canada.