Charged With DUI in Alberta? What Happens Next

What a DUI or impaired driving charge means in Alberta

Most people search for "DUI," which is an American term. In Canada, the offence is called operation while impaired. It is found in section 320.14 of the Criminal Code. The criminal law is the same across Canada. Alberta runs the prosecutions and sets the provincial licence consequences.

Section 320.14(1) covers four situations:

• Impaired operation: your ability to operate was impaired to any degree by alcohol, a drug, or both.
• "Over 80": your blood alcohol concentration (BAC) was 80 milligrams or more per 100 millilitres of blood within two hours after you stopped operating.
• Drug levels: your blood drug concentration was at or above a level set by federal regulation.
• Alcohol and drug combined: your blood alcohol and drug levels together were at or above the regulated levels.

What the Crown must prove

The Crown is the government lawyer who prosecutes the case. You are presumed innocent. To convict, the Crown must prove beyond a reasonable doubt that you operated a conveyance (a car, truck, boat, off-road vehicle and so on) and that you were impaired to any degree or over a legal limit within the two-hour window.

"Operate" includes having care or control of a motor vehicle. This means a charge is possible even if the vehicle was not moving, for example if you were in the driver's seat of a parked car. The law presumes you had care or control if you were in the driver's seat, unless you show you were not there to set the vehicle in motion.

There is a narrow exception for drinking after you stopped driving. It may apply if you had no reason to expect police would ask for a sample and your BAC is consistent with that drinking.

Offence type

Impaired driving is a hybrid offence. The Crown can choose to proceed summarily (the less serious route) or by indictment (the more serious route). Related charges include refusing a breath or blood demand (s. 320.15) and impaired operation causing bodily harm or death, which carry much higher penalties. For a national overview, see our guide to impaired driving charges in Canada.

What happens after a drunk driving charge in Alberta

Roadside: IRS sanctions, a criminal charge, or both

Alberta has used the Immediate Roadside Sanctions (IRS) program since December 2020. Under IRS, police can impose fines, a licence suspension and vehicle seizure at the roadside. These are administrative penalties, not criminal convictions, and they can be reviewed by SafeRoads Alberta. In many cases police may deal with a stop through IRS alone. In others, often where there is injury, a prior record or other serious features, they may lay a criminal charge and also impose roadside sanctions. This guide focuses mainly on the criminal charge.

Arrest and release

If you are charged, police may release you with an appearance notice (a document telling you when to attend court) or an undertaking (a written promise to police to follow certain conditions). If you are held, a justice decides at a bail hearing whether to release you on a release order. Conditions may include appearing in court, attending for fingerprints, not driving, or not consuming alcohol. Breaking a condition is a separate criminal offence, so read your paperwork carefully.

Who decides on charges in Alberta

In Alberta, police generally lay the charge. Prosecutors with the Alberta Crown Prosecution Service then review the file and decide whether to continue, what charges to pursue, and how to proceed.

First appearance

Most impaired driving cases start in the Alberta Court of Justice (called the Provincial Court until 2022), including in Calgary and Edmonton. The first appearance is usually administrative. You or your lawyer confirm the charge and receive information about the case. You do not have to decide how to plead at this stage. Missing court can lead to a warrant, so attend or have a lawyer appear for you where permitted.

Disclosure

Disclosure is the Crown's evidence, which you are entitled to receive. In an impaired case it often includes police notes, video, the breath or blood test results, and certificates from the qualified technician. A lawyer may also ask for records about the testing instrument.

Crown's election and choice of court

The Crown decides whether to proceed summarily or by indictment. If it proceeds summarily, the case stays in the Alberta Court of Justice. If it proceeds by indictment, you may be able to choose a trial in the Court of Justice, or in the Court of King's Bench with a judge alone or a judge and jury. Most impaired driving cases remain in the Court of Justice.

Resolution or trial, and timeline

After disclosure, cases may resolve through discussions between your lawyer and the Crown, be withdrawn, or go to trial. Simple cases can take a few months; contested ones often take longer. Under the Supreme Court of Canada's Jordan decision, delay is presumed unreasonable beyond 18 months in provincial court and 30 months in superior court, subject to exceptions and delay caused by the defence.

Possible penalties for impaired driving in Alberta

Impaired driving is one of the few common offences that still carries mandatory minimum penalties. Bill C-5 (2022) repealed several minimums for other offences, but not these.

What sentences can look like in practice

Because of the mandatory minimums, an absolute or conditional discharge (a finding of guilt without a conviction, sometimes with conditions) is generally not available for impaired driving. The Criminal Code (s. 320.23) lets a court, with the Crown's consent, delay sentencing so a person can complete an approved treatment program, where one exists; whether that is possible depends on the case.

For a first offence with no aggravating features, the sentence is often a fine and a driving prohibition. The court may allow you to drive during part of the prohibition if you enrol in a provincial ignition interlock program. Probation (court supervision with conditions) is possible. A conditional sentence (jail served in the community) is not available where a minimum jail term applies, as with repeat offences. Short jail terms may sometimes be served intermittently, such as on weekends.

Factors that matter include:

• Your BAC, especially if it was 160 or more (a listed aggravating factor).
• Any prior impaired driving record, which can trigger higher minimums if the Crown gives notice.
• Passengers under 16, operating a large vehicle, or driving while prohibited.
• Any crash, injury or property damage.
• Your background, remorse, and steps such as counselling.

Other consequences in Alberta

Criminal record and record suspension

A conviction creates a criminal record. You can apply to the Parole Board of Canada for a record suspension (formerly a pardon) after completing your sentence, including paying fines: 5 years for a summary conviction and 10 years for an indictable conviction. These rules have changed in the past and may change again, so check the current requirements before applying.

Your Alberta licence

IRS roadside sanctions can apply on top of, or instead of, criminal penalties. A criminal conviction also brings the Criminal Code driving prohibition. Driving while prohibited is a further offence. Insurance costs may rise significantly.

Travel, immigration and work

• United States: US border officials have broad discretion. A record may lead to questioning or refusal, particularly with multiple offences.
• Immigration: Since the 2018 reforms, impaired driving is treated as "serious criminality" for immigration purposes. A conviction can affect permanent residents and foreign nationals, including possible removal. Get immigration advice before resolving your case.
• Employment: Jobs involving driving, commercial licences or security screening may be affected.

Common defences and issues a lawyer will look at

Every case depends on its facts. A lawyer will often review:

• Section 8 Charter (search and seizure): whether breath or blood demands were lawful. Police can demand a roadside screening sample from any lawfully stopped driver if they have an approved screening device, but later demands and blood samples have their own requirements.
• Section 9 (arbitrary detention): whether the stop and detention were lawful.
• Section 10(b) (right to counsel): courts have generally held this right does not apply before a quick roadside screening test, but it does once you are arrested and asked for breath samples at the station. Whether police explained and respected this right is often key.
• Testing: whether samples were taken by a qualified technician, at proper intervals, on an approved instrument, within the time limits.
• Evidence of impairment: whether signs like odour or unsteadiness really show impairment.
• Care or control: whether you were actually operating or in care or control.
• Drinking after driving, identification, and delay under Jordan.

If a Charter breach is found, a court may exclude evidence, which can change the outcome.

How common is impaired driving in Alberta?

According to Statistics Canada police-reported data (table 35-10-0177, total impaired driving), Alberta recorded 7,708 incidents in 2025, a rate of 153.26 per 100,000 people, slightly below the Canada rate of 161.82. Police charged 1,120 persons that year.

Alberta's rate was well above the national rate through 2020, peaking in 2019. It has fallen below the national rate since 2021. The number of persons charged dropped sharply after 2020, from 5,056 in 2020 to 1,390 in 2021, which coincides with the start of the IRS program. Explore more on our Alberta crime statistics page and follow local cases on Alberta crime news.

If you are the victim or complainant

If you were hurt or your property was damaged by a driver you believe was impaired, call police and seek medical care. Police investigate and may lay charges; the Alberta Crown Prosecution Service then decides how the case proceeds. The Crown represents the public, not you personally, but you may be a witness.

Alberta victim services units can provide information, support and help understanding the court process. You can ask to be kept informed, and you may be able to give a victim impact statement at sentencing and ask for restitution for financial losses.

If you have safety concerns, the accused's release may include no-contact conditions. You can also ask about a peace bond under s. 810 of the Criminal Code, a court order requiring someone to keep the peace and follow conditions. You are entitled to your own legal advice, including about insurance or civil claims.

When to speak with a lawyer

Speak with a criminal lawyer as early as possible: ideally before answering police questions and before your first appearance. You have the right to remain silent. Impaired driving cases often turn on technical details and short deadlines, including those for challenging roadside sanctions through SafeRoads Alberta.

If cost is a concern, Legal Aid Alberta may help, depending on your income and the circumstances of your case.

If you have been charged, you can request a free, confidential first consultation through an independent criminal defence lawyer here, and victims can request one here.

This guide is general information, not legal advice. Laws and procedures can change, and every case depends on its own facts.

Frequently asked questions

Do I need a DUI lawyer in Alberta?

It is strongly recommended. Impaired driving carries mandatory minimum penalties, a driving prohibition and a criminal record, and cases often depend on technical issues like breath testing and Charter rights. A lawyer can review disclosure, spot defences and advise on roadside sanctions. Legal Aid Alberta may help if you qualify, and you can request a free first consultation through an independent criminal defence lawyer.

Is a first DUI in Alberta always a criminal charge?

No. Since December 2020, Alberta's Immediate Roadside Sanctions program lets police deal with many impaired driving stops through administrative penalties, such as fines, licence suspension and vehicle seizure, instead of a criminal charge. Police may still lay a criminal charge under s. 320.14, often where there is injury, a prior record or other serious factors. Roadside sanctions can be reviewed by SafeRoads Alberta.

Will I go to jail for a first impaired driving conviction?

Jail is not mandatory for a first offence. The minimum is a $1,000 fine, rising to $1,500 or $2,000 at higher blood alcohol levels, plus a driving prohibition of at least one year. Jail may still be possible where there are aggravating factors such as a crash or injury. A second offence carries at least 30 days in jail, and a third at least 120 days.

Can I refuse a breath test in Alberta?

Refusing a lawful breath or blood demand without a reasonable excuse is a separate criminal offence under s. 320.15, with penalties as serious as or more serious than impaired driving, including a minimum $2,000 fine for a first offence. Police can demand a roadside screening sample from any lawfully stopped driver if they have an approved device. Whether a demand was lawful is a question for a lawyer.

How long will a DUI stay on my record?

A conviction stays on your criminal record until you obtain a record suspension from the Parole Board of Canada. You can apply 5 years after completing your sentence for a summary conviction, or 10 years for an indictable conviction. Completing your sentence includes paying fines. Record suspension rules have changed before, so check current requirements before applying.

Can I travel to the US with an impaired driving charge or conviction?

It may be possible, but US border officials have broad discretion and may question or refuse entry, especially if there are multiple offences or other concerns. Even a pending charge can raise questions. If you travel often or for work, speak with a lawyer before travelling and before resolving your case.

Can a DUI affect my immigration status in Canada?

Yes. Since the 2018 reforms raised the maximum penalty to 10 years, impaired driving counts as serious criminality for immigration purposes. A conviction may make permanent residents and foreign nationals inadmissible and can lead to removal. If you are not a Canadian citizen, get advice from both a criminal lawyer and an immigration lawyer before making decisions in your case.