Driving Under the Influence – or Impaired Driving – is a Serious Offence in Calgary, Alberta.
While in many instances, police officers ostensibly pull individuals over for relatively minor traffic offences, like running a stop sign, speeding, or distracted driving, the more likely reason for the stop is to see whether or not the person is driving while impaired or while under the influence of alcohol or drugs).
Pretextual stops, like the ones mentioned above, are perfectly legal in Calgary, Alberta, along with DUI checkpoints, also known as sobriety checkpoints. While officers generally cannot pull over vehicles at random, they can pull over vehicles according to a set pattern. For example, an officer could legally pull over every second, third, or fourth vehicle that passes through a sobriety checkpoint.
Even when you are pulled over at a sobriety checkpoint, it is important to understand that all of your legal rights remain in force, and when it comes to police questioning, you can (and probably should) remain silent. If an officer pulls you over and determines that you are operating your vehicle while under the influence of alcohol, you will be arrested. If you have been arrested and charged with a Calgary, Alberta DUI, you need an experienced legal team by your side representing you throughout your criminal case. The lawyers at Alberta Impaired Driving Defence can start you on your way to obtaining a favourable result in your DUI case.
What Happens After You are Arrested
Since impaired driving is an arrestable offence in Calgary, Alberta, the arresting officer will likely place you in handcuffs and into a police squad car. When you arrive at the police station, you will then be booked and processed in accordance with standard police protocol. In a nutshell, the process following an impaired driving arrest usually consists of the following steps:
- A blood alcohol concentration (BAC) test (consisting of a breath, urine, or blood test)
- Questioning and interrogation by a police officer
Police Questioning Post-Arrest
After arresting the driver for a DUI (and sometimes even during the traffic stop), the police officer may ask you a series of questions – including whether or not you have been drinking, and if so, how much you had to drink. However, Canada impaired driving law differs from American DUI laws. In America, at the time of arrest, a police officer must inform the arrestee of the right to remain silent and of the right to the presence of legal counsel during any police questioning or interrogation.
Under Canada law, however, there are no per se Miranda rights, as there are in the United States. Although Canada uses its own version of Miranda by informing the arrestee of many of the same rights covered under the United States version, the Canadian Charter of Rights does not mandate the right to have a lawyer present during a police interrogation.
Contact an Alberta DUI Lawyer Today for a Free Initial Consultation and Case Evaluation
Saying the wrong thing following an impaired driving arrest can be detrimental to your case, and it is important that you retain legal counsel as early-on in the criminal process as possible. The skilled DUI lawyers at Alberta Impaired Driving Defence may be able to help you formulate a good legal defence to your impaired driving charge and minimize the impact of the charge (or a conviction) on your life. To schedule a free consultation and case evaluation with a Calgary, Alberta DUI lawyer, please call us today or contact us online.