Driving Offences

Calgary DUI & IRS Lawyers

March 24, 2025

How to Beat a DUI or IRS

If you’ve been charged with driving under the influence (DUI) or received an Immediate Roadside Sanction (IRS) in Calgary, you may feel overwhelmed, uncertain, and concerned about the impact this will have on your life. DUI charges can carry severe penalties, including fines, driving prohibitions, a criminal record, and even jail time. IRS sanctions include licence suspensions, vehicle seizures, fines, and additional costs to attend courses and participate in the Alberta Ignition Interlock program. Seeking professional legal counsel from an experienced Calgary lawyer is one of the most critical steps to protecting your rights and future.

At Shim Law, we specialize in defending clients against DUI charges and IRS sanctions and navigating the complexities of Alberta’s impaired driving laws. Our team understands that every case is unique and requires a tailored defence strategy. Below, we outline everything you need to know about DUI charges and IRS sanctions in Calgary and how our experienced lawyers can assist you.

What is a DUI in Alberta?

Driving under the influence (DUI) in Alberta refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Under the Criminal Code of Canada, impaired driving is a serious offence. The Criminal Code includes:

Driving while impaired by alcohol or drugs: Having your ability to operate a motor vehicle affected by substance consumption.
Over 80 mg%: Operating a motor vehicle with a blood alcohol concentration (BAC) over 0.08%.
Refusal to provide a breath or blood sample: Failing to comply with lawful police testing requests.

Alberta will also enforce provincial administrative penalties for impaired driving, through their Immediate Roadside Sanctions (IRS) program, including licence suspensions, vehicle seizures, mandatory drivers education courses, and potentially mandatory ignition interlock programs.

Immediate Consequences of a DUI Charge or IRS Sanction in Calgary

If you are stopped and suspected of impaired driving, law enforcement has several tools at their disposal to confirm impairment. These include roadside breath tests, physical coordination tests, and advanced equipment like drug screening devices. Depending on the circumstances, you could face:

Immediate Roadside Sanctions (IRS): These include fines, a 3 to 30 day vehicle seizure, and an immediate licence suspension.
Criminal Charges: If the seriousness of the situation merits consideration of criminal charges, you may face charges under the Criminal Code.
Mandatory Ignition Interlock Program Participation: Following licence reinstatement, you will likely be required to install and maintain an ignition interlock device for a period of 12 months or longer.

Possible Penalties for a DUI Charge or IRS Sanction in Alberta:

DUI criminal penalties vary depending on factors such as prior convictions, the severity of the impairment, and whether the offence caused harm or property damage. Penalties may include:

First Offence:
- Fines often in the range of $1,000+.
- 12-month driving prohibition and/or 90-day licence suspension with 12 months in the Ignition Interlock Program.
- Possible criminal charges and criminal record.
Second Offence, if criminally charged:
- Minimum 30 days imprisonment.
- Longer driving prohibitions and 36 months in the Ignition Interlock Program.
Third Offence or More, if criminally charged:
- Minimum 120 days imprisonment.
- Even longer driving prohibitions and lifetime participation in the Ignition Interlock Program.

Aggravating factors, such as driving with a child in the vehicle, causing an accident, or having a very high BAC level, may result in harsher penalties.

Why You Need a Lawyer:

Navigating the legal system after a DUI criminal charge can be daunting. A skilled Calgary DUI criminal lawyer can make all the difference in the outcome of your case. Here’s how Shim Law can assist you:

Understanding Your Rights: Many clients are unaware of their rights during roadside stops and subsequent investigations. We ensure that your rights are protected throughout the legal process.
Challenging the Evidence: DUI criminal cases often rely on evidence such as breathalyzer results, officer observations, and roadside tests. We scrutinize the evidence to identify procedural errors or inconsistencies that can strengthen your defence.
Mitigating Penalties: Even in cases where a conviction is likely, we negotiate with prosecutors to seek reduced penalties or even possible consideration for specialized rehabilitation programs.
Tailored Defence Strategies: No two cases are alike. We analyze the specifics of your situation to develop a personalized defence plan aimed at achieving the best possible outcome.

Common Defences Against DUI Criminal Charges:

A knowledgeable Calgary DUI criminal lawyer can explore several potential defences to challenge your criminal charges, including:

Improper Police Procedure: If law enforcement failed to follow proper procedures during your arrest or testing, the evidence might be inadmissible.
Faulty Breathalyzer or Testing Equipment: Errors in calibration, maintenance, or operation of testing devices can result in inaccurate BAC readings.
Violation of Charter Rights: If your rights under the Canadian Charter of Rights and Freedoms were violated, such as being unlawfully detained or not informed of your right to counsel, the charges may be dismissed.
Reasonable Doubt: If the evidence does not conclusively prove impairment, you cannot be convicted.

Administrative Penalties vs. Criminal Charges:

It’s important to understand the distinction between administrative penalties and criminal charges in Alberta.

Administrative Penalties: These are imposed immediately and are handled outside of the court system. Examples include licence suspensions and fines issued under Alberta’s Immediate Roadside Sanctions (IRS) program.
Criminal Charges: These involve prosecution under the Criminal Code and require court appearances. Convictions can lead to a criminal record, imprisonment, and other severe consequences.

A Calgary DUI and IRS lawyer can assist with both types of cases, ensuring you receive comprehensive legal representation.

The Importance of Timely Action

After being criminally charged with a DUI or receiving an IRS Contravention, it is crucial to act quickly. Delaying your response could result in missing the deadlines for an IRS administrative review, as well as reduced opportunities to collect evidence and build a strong defence. At Shim Law, we prioritize early intervention to maximize your chances of success.

Why Choose Shim Law?

Shim Law is a trusted legal firm in Calgary with a proven track record of defending clients against DUI charges and IRS sanctions. Here’s why we stand out:

Experienced Team: Our lawyers have extensive experience handling DUI court cases and IRS review hearings and are well-versed in Alberta’s impaired driving laws.
Client-Centered Approach: We understand the stress and uncertainty our clients face. We provide compassionate, personalized service to guide you through every step of the legal and/or administrative process.
Multilingual Services: With a diverse team, we offer legal services in multiple languages to better serve Calgary’s multicultural community.
Transparent Communication: We keep you informed about your case’s progress and ensure that you understand your options.

Steps to Take After a DUI Charge and/or IRS Sanction:

If you’ve been charged with a DUI and/or received an IRS Contravention, consider taking the following steps:

Contact a Lawyer Immediately: Reach out to an experienced lawyer as soon as possible to discuss your case.
Avoid Making Statements: Do not admit guilt or provide additional information to the police or authorities without consulting your lawyer.
Document the Incident: Record all details of your interaction with law enforcement, including the timeline, location, any other people present, and any statements made.
Comply With the Administrative Penalty Deadlines: If you’ve received an IRS immediate licence suspension and other penalties, contact a lawyer within seven days to be able to address them or you may not be able to get an administrative review of those sanctions.

Contact Shim Law Today

Facing a DUI criminal charge or an IRS administrative sanction is a serious matter, but you don’t have to face it alone. The skilled Calgary lawyers at Shim Law are here to provide the guidance and representation you need. From conducting administrative reviews, to court representation, to negotiating a more favourable outcome when facing criminal charges, we are committed to protecting your rights and securing the best possible resolution for your case.

Contact us today to schedule a consultation. Let Shim Law help you navigate the legal complexities of a DUI criminal charge or an IRS administrative sanction and work towards a better future. Please contact Shim Law today at (587) 391-9580 or book an online consultation to learn more.