Make no mistake. If you are facing impaired driving or driving at or over 08 charges anywhere in Canada, you’re in serious trouble with potentially life-changing consequences.
Here in Canada, we have some of the harshest drink-driving laws in the western world. Accepting guilt and a lifelong criminal record should not be an option.
You have the right to defend yourself and, besides, charges are often erroneously filed by law enforcement.
Alan Pearse has made it his mission to defend drivers accused of DUI offences around Canada.
If you are facing a charge of impaired driving, driving at or over 08, or refusal to provide a breath sample in Calgary, he is ready to take your call at 1-866-912-3560.
Who is Alan Pearse?
Alan Pearse wrote the book on impaired driving in Canada. Literally.
He is the author of the Guide to Breathalyzer Certificates in Canada, published by Canada Law Book.
As an impaired driving lawyer practicing since 2000, Alan has handled thousands of cases defending drivers throughout Canada accused of alcohol or drug-related traffic offences. That’s all he does. Besides a little pro bono work, it’s 100% DUI litigation.
He knows how technical these types of cases can become and how aggressively we need to pursue the truth. There’s practically nothing about breathalyzer equipment, roadside sobriety tests, chemical tests or Charter rights that Alan has not had experience with.
That’s why his track record speaks for itself.
Wherever you’re based, it is rarely a good decision to simply accept your impaired driving charge and think that you will get away with a fine – especially if it is not your first offence.
Even if you escape jail time, the lifelong criminal record you will be saddled with can make life difficult in many areas in the future – employment, travel, immigration, insurance.
Alan will defend you from the following charges:
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.
Under the Criminal Code’s impaired driving laws, you do not need to be over the legal limit to be charged with a criminal offence.
In some provinces, you can even land an immediate roadside sanction (license suspension) if a police officer suspects you are impaired by alcohol or drugs to any degree.
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 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.
Remember, you do not need to appear to be drunk to be charged with this serious criminal offence.
However, the equipment used to measure blood alcohol concentration (or the level of drugs in drivers’ systems) can be faulty or poorly calibrated. Alan Pearse has years of experience in calling into doubt the evidence presented by the prosecution in such cases.
It still surprises some drivers that if they are stopped by traffic police in Canada, refusing or being unable to provide a breath sample on demand from a police officer is illegal. They can still be charged even if they have not had a drop to drink.
Furthermore, the penalties are just as harsh as if they were over the legal limit.
There are often good reasons why drivers are unable or unwilling to provide a breath sample and these can often be used in your defence.
Do you need legal advice about a DUI charge in Calgary?
If you are charged with an impaired driving offence in Calgary, 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.
If you do not have a workable defence, you will be informed in clear, straightforward terms. Alternatively, your call could prevent a lengthy license suspension, a fine, and a criminal conviction.