Month: August 2026

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    What Counts as Impaired Driving in Alberta?

    ByShannon Gunn Emery Hours

    What Does the Law Consider Impaired Driving? You may have heard people say that driving while tired is the same as driving while drunk. While fatigue can affect your reaction time and judgment, that statement does not accurately reflect Canadian law. Knowing what qualifies as impaired driving will help you understand your legal responsibilities and the risks you face when you get behind the wheel. The law is focused on the cause of the impairment and the degree to which your ability to drive was affected. Fatigue Is Not Impaired Driving Under the Criminal Code Driving while extremely tired is dangerous and may put you and others at risk. However, fatigue by itself does not meet the legal definition of impaired driving under the Criminal…

  • What to Know Before You Plead Guilty to Impaired Driving

    ByShannon Gunn Emery Hours

    Why You Should Think Carefully Before Pleading Guilty You may feel overwhelmed, embarrassed, and eager to put an impaired driving charge behind you.  In that state of mind, pleading guilty right away may seem like the responsible thing to do. One of the biggest misconceptions surrounding impaired driving charges is the belief that no one ever wins these cases. Friends, relatives, or acquaintances may tell you there is no point in fighting the charge. While they mean well, they are not reviewing the evidence, police procedures, or legal issues that could affect the outcome of your case. Every impaired driving case is different. A lawyer can examine how the investigation was conducted, if your rights were respected, and if there are any weaknesses in the…

  • Can I Still Drive While Waiting for a DUI Trial in Alberta?

    ByShannon Gunn Emery Hours

    Immediate Roadside Sanctions vs. Criminal DUI Charges in Alberta If you are accused of impaired driving, one of the first questions you may ask is if you are still allowed to drive before your court date. The answer depends on what happened at the roadside and what steps you took afterward. Not every impaired driving investigation leads to criminal charges. In Alberta, some drivers receive only an administrative penalty through the Immediate Roadside Sanction system (IRS), while others receive the IRS and face criminal charges under the Criminal Code. You are more likely to face criminal charges if you have a previous impaired driving incident on your record or if the incident involved bodily harm or death. If you only received the Notice of Administrative…

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