Impaired Driving Charges
Here are the most common DUI type charges in Alberta:
- Driving over .08
- Impaired driving (usually the impairment is via alcohol but increasingly it can be drugs as well)
- Refusing to blow
These are the layman’s terms for these offences. Despite massive public education campaigns, many thousands of charges of impaired driving, driving over .08 and refusing to blow continue be laid every month in Alberta all the time.
The consequences for impaired driving convictions are becoming increasingly stiff. If you have been charged, you have likely already lost your drivers license for a period of time. The law is complicated in these areas and the best thing to do is to talk to a lawyer. Patrick Penny can help you.
Impaired Driving As Defined In The Criminal Code
Operation While Impaired
320.14 (1) Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
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