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Practice Area

Criminal Defence

Defence representation for impaired driving and related Criminal Code driving offences in Alberta.

Impaired driving and DUI defence

Impaired driving allegations can move quickly and may affect a person’s licence, employment, travel, insurance, reputation, and future opportunities. These matters require prompt attention because the criminal process and any related administrative licence consequences can begin immediately after the traffic stop or investigation.

Indus Law assists clients by reviewing the disclosure, the police grounds for the stop or demand, the timing of breath or bodily sample requests, Charter issues, roadside and station procedures, and the evidence the Crown intends to rely upon. The objective is to help clients understand the case against them, the available legal options, and the practical consequences of each step before decisions are made.

Understanding impaired driving offences

Impaired driving law is broader than the phrase “drunk driving.” Criminal Code driving allegations may involve alcohol, drugs, a combination of alcohol and drugs, or evidence of impairment based on driving pattern, physical observations, statements, roadside screening, breath samples, blood samples, or other investigative steps. In some cases, a person may face allegations even where the vehicle was not actively moving, depending on the issue of operation, care, or control.

Because these files often turn on technical evidence and strict investigative procedures, a careful review is important. Issues may include whether the officer had lawful grounds, whether a demand was properly made, whether the client was given access to counsel, whether samples were obtained within the required time frame, and whether any evidence should be challenged or excluded.

Impaired Driving / DUI

Defence for allegations that a person’s ability to operate a motor vehicle was impaired by alcohol, drugs, or a combination of both. These matters may involve observations of driving, speech, balance, odour of alcohol, admissions, roadside testing, or other evidence relied upon by police.

Over 80 / Blood Alcohol Concentration

Representation for allegations involving prohibited blood alcohol concentration. These cases often require review of breath testing records, timing, instrument procedures, police notes, and whether the Crown can prove the statutory requirements beyond a reasonable doubt.

Refusal or Failure to Provide a Sample

Advice and defence where a person is alleged to have refused or failed to comply with a lawful breath, blood, urine, or other bodily sample demand. A key issue is often whether the demand was lawful, clearly communicated, and reasonably capable of being complied with in the circumstances.

Drug-Impaired Driving

Defence for allegations involving cannabis, prescription medication, controlled substances, or a combination of substances. These matters may involve specialized police observations, bodily sample evidence, and questions about impairment versus mere presence of a substance.

Dangerous Driving

Representation for allegations that the manner of driving was dangerous having regard to all circumstances, including road conditions, traffic, speed, visibility, pedestrians, and the overall driving pattern. These cases require careful review of the evidence and context surrounding the incident.

Flight from Police

Defence for allegations involving a failure to stop for police or an alleged pursuit. These offences can be treated seriously and may require review of whether the accused knew police were directing them to stop and whether the Crown can prove the required elements.

Accidents Involving Injury or Death

Driving allegations become significantly more serious where bodily harm or death is alleged. These matters require immediate and detailed legal review because the consequences of conviction may include substantial penalties, licence consequences, and potential custody.

Hit and Run / Failure to Remain

Representation for allegations that a driver failed to remain at the scene of an accident or failed to provide required information or assistance. These cases may involve both Criminal Code and provincial traffic considerations.

Driving While Prohibited or Disqualified

Assistance with charges involving alleged operation while suspended, prohibited, or disqualified. These matters may carry serious penalties and further driving restrictions, particularly where a prior criminal driving prohibition is involved.

Administrative Licence Consequences

Guidance on the practical impact of roadside suspensions, licence restrictions, interlock considerations, and related administrative processes that may arise alongside or separate from the criminal charge.

How Indus Law approaches a driving offence

Every impaired driving or driving-related charge begins with a detailed review of the facts. Indus Law examines the timeline of events, disclosure, police notes, testing records, video evidence where available, and any issues involving the right to counsel, search and seizure, detention, or procedural fairness.

Clients are provided with clear advice about the strength of the Crown’s case, possible defences, negotiation options, trial considerations, and potential consequences. The focus is on practical strategy, informed decision-making, and careful advocacy at every stage of the matter.

Facing a driving-related charge?

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