1st DUI Offence in Calgary

Updated: August 28, 2026
Legally Reviewed by Alan Pearse

An impaired driving investigation in Calgary can create several severe problems at once. Under Alberta’s strict Immediate Roadside Sanctions (IRS) program, police may immediately seize your vehicle, suspend your licence, and issue SafeRoads Alberta paperwork. While standard first-time offences are primarily handled through this fast-tracked administrative system rather than criminal court, the consequences are still life-altering.

A DUI offence can instantly destroy your ability to commute on Deerfoot Trail, reach a worksite outside the city, or manage everyday responsibilities in a city where driving is essential. 

Furthermore, if your case involves aggravating factors, such as an accident, injuries, high blood-alcohol readings, or a repeat offence, the police may layer federal criminal charges on top of your administrative provincial penalties. This can result in a permanent criminal record, a court-ordered driving prohibition, and costs that extend well beyond the initial fine.

Alan Pearse is a Calgary impaired driving defence lawyer whose practice is devoted to this complex area of law. Since 2000, he has defended thousands of people facing impaired driving allegations. Alan can review your roadside sanction and any accompanying criminal charges together, identify the strict deadlines shown in your paperwork, and examine whether the police investigation truly supports the allegations against you.

What Is a First Impaired Driving Offence in Calgary?

A first impaired driving offence generally means you do not have an earlier conviction that increases the sentence.

In Canada, “DUI” is commonly used, but the legal term is impaired operation. You may be charged for:

• Driving while impaired by alcohol or drugs;
• Having a blood alcohol level of 80 milligrams or more within two hours of driving; or
• Having a prohibited level of drugs, or drugs combined with alcohol, in your blood.

Refusing a lawful breath, blood, or drug test is a separate criminal offence and carries its own penalties.

What Happens During a Calgary Impaired Driving Investigation?

An impaired driving investigation can begin anywhere in Calgary—whether you are pulled over at a Calgary Police Service (CPS) Checkstop, following a collision, or during a traffic stop on Macleod Trail or any other local road.

During the stop, an officer will evaluate you for signs of impairment. They may observe your speech, balance, eyes, physical coordination, and driving pattern, as well as the smell of alcohol or cannabis emanating from you or your vehicle.  

Depending on the circumstances, Calgary police may demand:

• A mandatory roadside breath sample. Under Canada’s Mandatory Alcohol Screening laws, a CPS officer can demand a breath sample on an Approved Screening Device (ASD). This roadside test will produce a “Pass,” “Warn,” or “Fail” result.
• Standardized field sobriety tests (SFSTs). If an officer suspects you have a drug or alcohol in your body, they can demand physical coordination tests at the roadside.
• Evidentiary samples (post-arrest). If you fail an ASD or SFST, you will be arrested or formally detained. Only after this step will the police transport you to a police station or a Checkstop bus to demand evidentiary samples, such as a Drug Recognition Evaluation (DRE) or a blood sample.  

The Crown prosecutor will later rely on these evidentiary test results, officer notes, video footage, witness statements, and any statements you made during the investigation. An experienced Calgary criminal defence lawyer will compare these sources to identify constitutional violations.

What Alberta Penalties Can Apply Immediately?

The penalties depend on whether police issue an IRS: WARN or an IRS: FAIL. These are different roadside sanctions.

An IRS: WARN generally applies when a driver has a blood alcohol concentration between 50 and 79 milligrams of alcohol in 100 millilitres of blood or fails a drug or alcohol sobriety test. For a first occurrence, the penalties include:

• A three-day licence suspension,
• A three-day vehicle seizure, and
• A $300 administrative penalty.

An IRS: FAIL applies when a driver has a blood alcohol concentration of 80 or higher or fails a drug recognition test. For a first occurrence, the penalties include:

• No driving for the first 90 days. This is an absolute suspension. You cannot drive for work or any other personal responsibilities.
• Interlock eligibility for the following 12 months. You remain suspended, but you may be eligible to drive if you participate in the Alberta IRS: FAIL Ignition Interlock Program. If you do not enter the program, you cannot legally drive at all during this 12-month period.
• 30-day vehicle seizure. The vehicle will be towed and impounded immediately, even if it belongs to someone else.
• $1,000 administrative penalty. This is a direct government fine that must be paid before you can reinstate your driver’s licence.
• Mandatory education. You must also complete the “Planning Ahead” course at your own expense to fully restore your driving privileges.

Separate from the government fine, you are responsible for paying all towing and impound storage fees, registry reinstatement fees, and all ignition interlock installation and monthly rental costs.

What Criminal Penalties Follow a First Impaired Driving Conviction?

A first conviction usually leads to a fine, a driving prohibition, and a criminal record.

The minimum fine depends on the allegation:

• Impaired driving or a blood alcohol level from 80 to 119: $1,000;
• Blood alcohol level from 120 to 159: $1,500;
• Blood alcohol level of 160 or higher: $2,000; or
• Refusing a lawful testing demand: $2,000.

The court must also prohibit you from driving for at least one year and up to three years.

These are minimum penalties. The judge may impose a higher fine or a more serious sentence based on the circumstances. They are also separate from Alberta’s immediate roadside penalties, such as license suspensions and vehicle seizures.

Protect Your Licence and Record After a DUI 1st Offence

A DUI 1st offence can leave you dealing with a SafeRoads suspension, ignition interlock requirements, and a criminal case at the same time. Alan Pearse can determine how those processes overlap, identify which deadlines remain open, and assess whether the police evidence supports the charge.

Alan has practiced impaired driving law for over 25 years. He also teaches DUI law to lawyers and law students and personally handles his own trials.  

Contact Alan for a free case evaluation to discuss what happened, what the police are relying on, and what options may still be available.