The provincial drink-driving laws in Alberta are among the harshest in the world – and there are numerous complexities with DUI charges that make it confusing for those accused.
Alberta DUI Lawyer
Often, for drivers charged with impaired driving or driving over the limit, it is the first time they set foot in a police station. This intimidating experience can cause them to say and do things that harm their case.
The consequences of a conviction for impaired driving or driving at or over 08 charges anywhere in Canada stretch far beyond a fine and a driving ban. The resulting criminal charge will follow you for the rest of your life.
Alan Pearse defends the rights and freedoms of those accused of DUI from his offices in Alberta.
He has been practicing law since 2000 and the vast majority of his work is on DUI cases – he has even published a book on the subject. Call 1-866-912-3560 to speak with Mr. Pearse now.
Accepting a DUI charge and thinking that you will get away with a fine and a short driving ban is generally wishful thinking.
The consequences can be far more serious – especially if you have a prior conviction.
Alan Pearse is one of the most experienced DUI lawyers in Alberta and has successfully defended the following types of cases:
Immediate Roadside Sanctions (IRS)
In December 2020, the Government of Alberta, as a practical matter, “decriminalized” impaired driving in Alberta.
This means that the vast majority of people charged under section 88.1 of the Traffic Safety Act will be dealing not with “Criminal Law” but with “Administrative Law.” These two (2) areas of law are very different. With Administrative Law, one appeals the IRS to Saferoads Alberta, and then to the Court of Queen’s Bench via Judicial Review.
Mr. Pearse is one of the very few lawyers who regularly do both of these types of litigation (i.e. Saferoads and Queen’s Bench.) The defences are very technical and the process is highly counter-intuitive. How the “Saferoads” appeal is conducted will affect how likely one is to win on a Queen’s Bench Review.
The limitation periods are very tight, with the initial appeal being filed within seven (7) days from the allegation. As such, it is absolutely imperative that you contact Mr. Pearse within a day or so of being charged. If you do not act very quickly, you will likely not be able to appeal your IRS.
You do not need to be over the legal limit to be charged with a criminal driving offence in Alberta.
If a police officer suspects you of being under the influence of alcohol or drugs and this has impaired your operation of a motor vehicle to any extent, you can be charged with impaired driving (Canada’s equivalent to DUI).
Because of the highly complex nature of these offences, it is important to get legal assistance from an experienced DUI lawyer like Alan Pearse.
Driving At or Over 08
Driving over 0.08 (also called “over 80”) is when you are accused of having over 80 mg of alcohol per 100 ml of blood in your system.
Alan Pearse has decades of experience in calling into doubt the evidence presented by the prosecution in such cases in Alberta.
Cases are generally very technical, often hinging on the equipment used to measure blood alcohol concentration or the level of prohibited drugs in a driver’s system. The equipment can be faulty or poorly calibrated and can be called into question by an experienced DUI attorney.
Refusal or failure
The consequences for refusing or failing to provide a breath or blood sample on demand from a law enforcement officer in Alberta are just as dire as if you were convicted of DUI.
This is surprising for some drivers, who may have been advised wrongly or be working off old information.
The hard reality is that you can still be charged and convicted even if you have not had a drop to drink. There may be good reasons why you were unable to provide a breath sample and Alan Pearse may use these in your defence.
Do you need legal advice about a DUI charge in Alberta?
If you are charged with an impaired driving offence in Alberta, your immediate rights and freedoms are in danger, as well as your driving privileges.
Speak to experienced impaired driving lawyer Alan Pearse for a free evaluation of your case.
Your call could prevent a lengthy license suspension, a fine, and a criminal conviction – but if you have no hope of escaping the charge, you will be told directly.
Great experience and would highly recommend Alan. Never had to set foot in a courtroom. Alan and his team got me off of all my charges with no record. Great experience, would recommend to anyone. Very professional, worth every dollar.
Alan was very helpful in defending my case under the new Alberta IRS regulations. He was very honest, straightforward forward and helpful to answer anything I needed to have answered. He got me out of a very tight spot in my life and could not have asked for a better lawyer. Thank you!!!!!
I found myself in a nightmare situation. Contacted Alan immediately. Put my total trust in his hands, and he exceeded all of my expectations. I paid for a first-class, well-prepared attorney who knew the best way to handle a complicated DUI, and that is what I got. I believe I got the best and now have my life back. Thank you, Alan.
I’m very pleased with how my case was handled. All the questions were answered and everything was explained in great detail along the way. Would highly recommend Alan to anyone looking to get the best possible results.
I hired Alan a few days after the incident requiring legal help. I was quite upset about what had happened, and how I was treated by the police involved. My case was not normal, as I wasn’t driving so I had refused a breathalyzer, and the police tried to make everything as bad as they could for me. I had a trial date set, but Alan had several times told me how odd some of the things in my case were and how ridiculous the documents were that were handed to him by the Crown. Then one day he told me he needed to see me and he informed me all charges are dropped and that I wouldn’t be setting foot in a courtroom. I am ecstatic with the results. I recommend him. He is a great lawyer and got back to me anytime I needed an update or wasn’t sure about something.