Impaired Driving / DUI

If you are charged with impaired driving in Edmonton, talk to an experienced lawyer to protect your rights and defend your case. Geoff Green, a leading DUI lawyer in Edmonton, has over 25 years of experience in criminal defence, focusing on defending individuals facing impaired driving charges.

Impaired driving offences are serious criminal charges under the Criminal Code of Canada, and they carry severe consequences such as fines, driving suspensions, and even imprisonment. Geoff Green is dedicated to providing the strongest defence possible and helping clients maintain their driving privileges and avoid a criminal record.

Understanding Impaired Driving Charges in Edmonton

An impaired driving charge is one of the most common criminal offences in Alberta. Impaired driving refers to operating a vehicle while under the influence of alcohol or drugs to the point where your ability to drive is affected. In Alberta, the law sets specific limits for blood alcohol content (BAC), and a BAC of 0.08% or higher is considered over the legal limit. Additionally, impaired driving can also be proven through field sobriety testing and Breathalyzer results.

Under the Criminal Code of Canada, impaired driving encompasses more than just alcohol; you can also be charged if you are impaired by drugs, whether illegal substances or prescription medications.

If you are facing impaired driving charges, it is important to know that DUI (Driving Under the Influence) is a severe criminal charge, and if convicted, it can lead to long-term consequences, including a criminal record, which can affect your employment, ability to travel, and personal reputation.

Defending Against an Impaired Driving Charge in Edmonton

Being charged with impaired driving does not mean you are automatically guilty.

There are many legal defences that can be raised to challenge the impaired driving charge. As an experienced impaired driving lawyer in Edmonton, Geoff Green meticulously examines the facts of each case to build a strong defence strategy.

Key factors that Geoff will investigate include:

• Was the traffic stop lawful? The police are entitled to pull drivers over to check for sobriety, mechanical fitness or to verify documentation. However, if they do anything more than that, they need a warrant or grounds to continue their search.
• Was the Breathalyzer test administered correctly? The Breathalyzer must be calibrated properly, and the test must be conducted according to strict legal standards.
• Field sobriety testing errors: If the police officer did not follow the proper procedures during field sobriety testing, it could lead to evidence being dismissed.
• Challenging BAC results: Geoff will examine whether the blood alcohol concentration was obtained lawfully and whether the result is accurate.
• Timing: the timing of the investigation is crucial because once you are detained at roadside the police need conduct their investigation in an appropriate manner including its timeliness.
• Reasonable and probable grounds to arrest: before the police can arrest you or take you for breathalyzer testing at the station, they must have the appropriate grounds to do so. Geoff will thoroughly canvas this area in disclosure and your version of events.

Geoff Green may be able to get the charges reduced or dismissed altogether. Each case is unique, and Geoff will tailor his approach to the specific circumstances of your DUI charge.

Consequences of a DUI Conviction in Alberta

A conviction for impaired driving in Edmonton can have significant consequences, impacting numerous aspects of your life. If convicted of an impaired driving offence, you could face the following penalties:

• Fines: For a first-time offender, the minimum fine is $1,000, but fines can be much higher depending on the case.
• Driving suspension: A conviction will lead to an automatic suspension of your driver’s license for at least one year. The suspension period increases with subsequent offences.
• Ignition interlock device: To regain your driving privileges after a suspension, you may be required to install an ignition interlock device in your vehicle, which prevents the car from starting if alcohol is detected on your breath.
• Imprisonment: For serious or repeat offenders, jail time is a real possibility, with a minimum of 30 days for a second offence and 120 days for a third or subsequent offence.
• Criminal record: A DUI conviction will result in a permanent criminal record, which can limit employment opportunities and travel, especially to countries like the United States.

Geoff Green understands the severe implications of a DUI conviction and is committed to helping his clients avoid these penalties through a comprehensive and well-planned defence.

Driving Under the Influence of Drugs

Impaired driving is not limited to alcohol consumption. 

If you are caught driving under the influence of drugs, including cannabis, prescription medication, or illegal drugs, you can also be charged with impaired driving. Since the legalization of cannabis in Canada in October 2018, law enforcement has increased its efforts to monitor drivers for drug impairment.

Geoff Green is experienced in defending clients charged with drug-related impaired driving offences. He will scrutinize how the police conducted drug-impaired driving tests and challenge any blood or saliva test results if they were not conducted properly.

If you are facing a drug-impaired driving charge, it’s essential to have a knowledgeable lawyer who understands the nuances of both drug and alcohol impairment under the law. Geoff Green will ensure that your case is thoroughly investigated, and all possible defences are raised on your behalf.

Defending Your Driving Privileges

Losing your driving privileges can be devastating, especially in a city like Edmonton, where many rely on their vehicles for work and personal life. Geoff Green fights hard to help his clients avoid long-term license suspensions and other penalties. You may be eligible for alternative programs, such as using an ignition interlock device, which allows you to continue driving under certain conditions.

A successful defence can also entirely prevent the loss of your license. Geoff will review every aspect of the police investigation and the testing procedures to see if errors were made that could help keep your driving privileges intact.

Consequences for Victims of Impaired Driving

If you are a victim of an impaired driver, the criminal justice system can help hold the responsible driver accountable.

While Geoff Green defends those accused of impaired driving, he also understands the perspective of victims and the importance of the law in protecting all road users. Victims of impaired driving accidents may suffer serious injuries or even lose their lives due to another person’s recklessness. While Geoff’s primary focus is criminal defence, he recognizes the profound impact that these cases have on the broader community.

Frequently Asked Questions about Impaired/DUI Lawyers in Edmonton

Can a DUI charge be dropped if the breathalyzer was not calibrated correctly?

Yes, if the breathalyzer weren’t properly calibrated, it could weaken the evidence against you. An experienced DUI lawyer in Edmonton can challenge the accuracy of the results based on this, potentially reducing or dismissing the charge. This often involves a detailed review of the testing process and maintenance records of the device, which your law firm can help obtain.

How does Alberta’s “Immediate Roadside Sanction” (IRS) impact DUI cases?

Under the IRS program, penalties for impaired driving in Alberta—such as driving prohibitions and vehicle seizures—can be imposed immediately without a court trial. If you’ve been charged with a DUI under this system, a skilled driving lawyer in Edmonton can challenge the validity of the roadside test or the police officer’s actions to reduce the penalties or have the sanctions reviewed by SafeRoads. You only have 7 days to appeal this ticket however, so contact Geoff for a free consult as soon as possible after receiving the ticket.

Is refusing a roadside breath test a good idea if I am impaired by alcohol?

Refusing a roadside breath test when you’re suspected of being impaired by alcohol or drugs is treated as a serious offence under impaired driving law in Alberta. This can lead to immediate penalties, including a driving prohibition and fines, making it crucial to consult an experienced DUI lawyer. Refusal can often make your defence more difficult, but a law firm specializing in DUI offences may still find grounds to contest the charge.

How does a previous conviction for impaired driving affect new DUI charges?

If you’ve been convicted of impaired driving in the past, a recent charge for driving while impaired will result in more severe penalties, such as extended driving prohibitions, larger fines, and possible jail time. A lawyer in Edmonton who specializes in DUI cases can work to minimize the impact of a prior conviction by presenting mitigating factors or highlighting flaws in the prosecution’s case.

Can field sobriety tests be challenged in DUI cases?

Yes, field sobriety tests are not always reliable indicators of whether someone is driving over the legal limit or impaired by alcohol or drugs. Factors such as medical conditions or nervousness can affect the results. A DUI lawyer in Edmonton can scrutinize how these tests were administered and challenge their validity in court, particularly if the test procedures were flawed or unfairly applied.

Free Initial Consultation for Your Impaired Driving Case

If you are charged with impaired driving in Edmonton or surrounding areas like Leduc, Wetaskiwin, Red Deer, Vegreville, Stony Plain, Sherwood Park or Fort Saskatchewan, Geoff Green offers a free initial consultation to discuss your case. Geoff understands the stress and worry of a DUI charge and is here to provide clear guidance and effective defence.

With over 25 years of experience as a criminal defence lawyer, Geoff will assess your case, explain the possible outcomes, and help you understand your legal options.

To schedule your free consultation, contact Geoff Green, an experienced DUI lawyer in Edmonton, and get the help you need to protect your rights and your future. Don’t wait—reach out today to start building your defence.

Why Choose Geoff Green as Your Edmonton DUI Lawyer?

Choosing Geoff Green means working with an experienced DUI lawyer who has a deep understanding of criminal law and the specific laws surrounding drunk driving charges in Alberta.

With 25+ years of experience, Geoff has successfully defended hundreds of clients against impaired driving charges and knows how to challenge the prosecution’s case. Whether you’re facing your first offence or dealing with more severe penalties due to repeat offences, Geoff Green is the advocate you need to navigate the legal process.

Call or visit our office today for more information on how Geoff can assist you or to schedule your free consultation.