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In Alberta, you only have 7 days to act. Get a free consultation with an experienced lawyer today.
DUI & IMPAIRED DRIVING
Police and other witness observations of your driving and physical condition can be challenged through effective cross-examination.
OVER .08
A critical aspect of Over .08 cases is whether police followed all the technical aspects of the law in taking your breath samples.
REFUSAL/FAIL TO BLOW
If you had difficulty understanding what to do, or difficulty providing a breath sample, we can help.
IMMEDIATE ROADSIDE SANCTION (IRS)
We must file a review within 7 days of your suspension if you hope to win
Immediate Roadside Sanction Defence
Failure To Properly Identify The Driver, Time Of Driving, Or Operation Of Motor Vehicle
Failure To Identify Time Of Consumption
Failure To Inform You Of Your Right To A Roadside Appeal In Writing
Failure To Make The Breath Demand Or Take The Breath Test Properly
Failure To Provide An Opportunity For The Second Test
Failure To Conduct The Correct Roadside Appeal
Failure To Serve The Notice Of Administrative Penalty
Failure To Use The Lowest Readings To Determine The Applicable IRS
Failure To Prove Elements Of IRS
Failure To Provide Complete Records
Immediate Roadside Sanction Fail Penalties
First Offence
You will be immediately suspended from driving for 90 days followed by 12 months of mandatory participation in the Alberta Ignition Interlock Program; your vehicle will be seized for 30 days; you will receive a fine of $1,000 plus a victim fine surcharge; and you will need to participate in the 1-day Planning Ahead education course.
Second Offence
You will be immediately suspended from driving for 90 days followed by 36 months of mandatory participation in the Alberta Ignition Interlock Program; your vehicle will be seized for 30 days; you will receive a fine of $2,000 plus a victim fine surcharge; you will need to participate in the 2-day IMPACT education course; and you will be charged under the Criminal Code.
Third Offence
You will be immediately suspended from driving for 90 days followed by lifetime participation in the Alberta Ignition Interlock Program; your vehicle will be seized for 30 days; you will receive a fine of $2,000 plus a victim fine surcharge.
Top-Rated Immediate Roadside Sanction Lawyers
Our lawyers know how to win cases and will help you fight the penalty.
DON'T LET A DRUNK DRIVING OFFENCE RUIN YOUR LIFE!
A Team of Criminal Defence Lawyers - not traffic agents.
Get Your Notice of Administrative Penalty Cancelled!
CLIENTS & CASES
10,000+
Stats are for our affiliated offices across Canada.
YEARS OF EXPERIENCE
75+
AVAILABILITY & SUPPORT
24/7
5-STAR GOOGLE REVIEWS
500+
DON'T LOSE YOUR LICENCE!
AVOID COSTLY INSURANCE FEES & FINES
GET YOUR IRS FAIL CANCELLED
Not All DUI Law Firms Are Created Equal
Successful Outcomes: Our national team of experienced lawyers have defended clients in over 10,000 cases across Canada. We know how to win cases and have years of legal precedents at our disposal to defend our clients.
Experienced Lawyers: If you have received a SafeRoads Immediate Roadside Sanction (IRS) in Alberta, you are facing serious consequences. Hiring experienced lawyers will be one of the most important decisions you make.
Flexible Payment Structures: We seek out-of-the-box solutions to make our legal fees affordable and manageable for all budgets.
24/7 Availability: We are available when you need us, even on weekends, holidays and after regular business hours.
Get A Free Case EvaluationMeet Our Legal Team
Call Toll-Free: 1-866-931-5702
HERE'S HOW WE CAN HELP
Free Consultation
We will explain the SafeRoads administrative adjudication process, including the timelines, consequences and value propositions associated with fighting the penalty.
We will explain the SafeRoads administrative adjudication process, including the timelines, consequences and value propositions associated with fighting the penalty.
We will also discuss our flexible fee structure, and what we can do to help. That way, you can make an informed decision about your case.
1
Fight Your Charge With Support From An Experienced DUI Defence Team
Defence Strategy
We provide a comprehensive review of your Saferoads documentation and the case against you. Next, we prepare our defence and draft a list of winning arguments.
The specific strategy employed will depend on the unique circumstances of your case, the evidence available, and your goals.
2
Argue Adjudication
We file all written material and conduct oral arguments before an adjudicator to convince them to cancel the Notice of Administrative Penalty (NAP).
Once accepted, all penalties are cancelled and you are entitled to immediate return of your vehicle, licence, and all fees, including for towing and storage.
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Fight your charge with support from an experienced criminal defence legal team.
100% DEDICATED TO
CRIMINAL DEFENCE LAW
TOP GOOGLE REVIEWED
FIRM IN CALGARY
TOP 3 CRIMINAL LAWYERS IN CALGARY BY THREE BEST RATED
Experienced DUI Lawyers In Alberta
Michael Oykhman
Impaired Driving & IRS Lawyer
Ian Savage
Impaired Driving & IRS Lawyer
Elena Ryland
Impaired Driving & IRS Lawyer
At Defend Your DUI, we have a combined experience of 75+ years defending Immediate Roadside Sanction (IRS) and Impaired Driving cases.
Collectively, we have defended more than 10,000 cases, from basic IRSs to DUI causing bodily harm, and even DUI causing death. Our lawyers have handled cases in virtually every courthouse in Alberta, and have argued DUI appeals at all levels of court in Alberta, as well as the Supreme Court of Canada.
Beyond that, our lawyers routinely attend and present at DUI conferences, seminars, and Law School lectures. Several of our ground-breaking cases in DUI law have been published in DUI books for lawyers.
Our members also include the former President for the Criminal Defence Lawyers' Association; staunch advocates for accused’s rights and due process.
Our members also include the former President for the Criminal Defence Lawyers' Association; staunch advocates for accused’s rights and due process.
It’s not bragging. We just want you to know we know what we’re doing, and that we can help you win!
Greg Janzen
Impaired Driving & IRS Lawyer
Joseph Beller
Impaired Driving & IRS Lawyer
Manvir Gill
Impaired Driving & IRS Lawyer
Laura Bobyn
Impaired Driving & IRS Lawyer
Mateya Selders
Impaired Driving & IRS Lawyer
IRS: FAIL
This sanction is imposed when a peace officer has reasonable grounds to suspect that a driver operated a motor vehicle while their blood alcohol concentration was equal to or exceeded 80 milligrams of alcohol in 100 milliliters of blood.
IRS: 24-HOUR
This sanction is imposed when a peace officer has reasonable grounds to suspect that a driver has consumed alcohol or drugs or has any medical condition and that it is affecting the driver’s physical or mental ability.
IRS: NOVICE
This sanction is only imposed upon drivers who hold a learner’s licence or a probationary licence. A novice driver is not permitted to have any amount of alcohol in their system.
IRS: COMMERCIAL
This sanction is only imposed upon drivers who are operating a commercial vehicle, such as a delivery truck or bus, with any drugs/alcohol in system.
IRS: WARN
This sanction is imposed when a peace officer has reasonable grounds to believe that a driver has between 50-80 mg of alcohol in 100ml of blood.
IMPAIRED DRIVING / DUI
Impaired driving (also know as a DUI) captures a wide range of criminal alcohol and drug driving related conduct, and is one of the more common criminal offences in Alberta.
You only have 7 days to act. Get a free virtual consultation with an experienced lawyer today.
Glowing Client Reviews
DUI Charges DROPPED!!
I resent got pulled over and charged with a DUI fail from drinking the night before. I was not told my levels just that it was a failure. I asked for a second test, but the machine did not register. So my vehicle was towed and I was released.
I was so scared and stressed as I had just got my dream job and it required me to drive as I’m a power lineman. I didn’t want to lose my job. I didn’t know what my rights were and didn’t know what to do. My wife showed me savage and oykman website. So I called and was happy I did.
I resent got pulled over and charged with a DUI fail from drinking the night before. I was not told my levels just that it was a failure. I asked for a second test, but the machine did not register. So my vehicle was towed and I was released.
I was so scared and stressed as I had just got my dream job and it required me to drive as I’m a power lineman. I didn’t want to lose my job. I didn’t know what my rights were and didn’t know what to do. My wife showed me savage and oykman website. So I called and was happy I did.
K.G.
No jail time...
Joseph Beller, handled my IRS. He was engaged with me and the details of case. We won so I am very happy. I liked that I knew the exact cost going in so I can weigh the pros and cons. I would refer him if I knew someone in this situation.
G.M.
Unmatched ability...
Deep in my heart I am very grateful for Ian Savage taking the time to resolve my IRS case. With his 37 years of experience Ian has a broad knowledge in his field and is a top-notch legal representative. He listens to your case carefully and pays attention to the very detail so that he can provide the best support and guidance you need in the hearing. In addition, his team of professional lawyers, Mateya Selders, Marta Trzpiola, just to name a few, provides step-by-step instructions and shows a high level of respect when communicating with you.
H.G.
H.G.
Recommend him...
This summer I experienced a very unfair situation, I was found asleep in my vehicle and was woken up to officers that gave me an IRS Fail DUI charge. This created all kinds of life changing events for me, and I was feeling beaten. Joseph Beller, a lawyer for this firm, talked me through everything thoroughly and encouraged me to be confident and fight this accusation against me and ultimately we won. The professionalism, the friendliness, the knowledge of Joseph and this firm has helped me get my life back on track and I would recommend anyone to come here for legal advice.
C.M.
My charges are dropped...
Disclaimer: All the reviews listed on this website are from real people helped by our lawyers, but their identities have been restricted to initials for privacy reasons. We work hard for each and every client and would like the chance to add you to our list of satisfied customers. However, not every case we handle results in a review, and the reviews provided are not necessarily representative of all results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm.
I had the pleasure of working with Mateya Selders! She was very upfront and honest about the whole ordeal. Letting me know weak points and strong points in my case. She went above and beyond making sure I was following and understood everything through and through. I was doubtful I could do anything with my case for an IRS Fail. She explained everything and went through each detail and gave me hope. Nonetheless I won my case thanks to her hard work and dedication. Much appreciated and again, thank you so much! I will definitely be recommending friends and family if they ever face the same unfortunate incident. 5star service all the way!
H.M.
He kept our spirits up...
Awesome law firm, always answered my calls and phone me back when I left a message. Never made me feel like they were doing it just for the money and actually cared about the outcome !!!! I would recommend Elaine and her team over any lawyer in Calgary. Fees were very affordable and the service was worth ten time I paid ! Had dui and a theft charge and four failure to appear!!! Elaine and her colleagues were able to have all charges stayed and including the 4 failures that I was definitely guilty of.
E.D.
I highly recommend him...
Recent Successful Cases
Defend Your DUI lawyers have represented over 10,000 clients across Canada.
Our client was issued a Notice of Administrative Penalty “NAP” for operating a motor vehicle while their ability to do so was impaired by alcohol after they were involved in a motor vehicle collision.
Upon being retained we immediately reviewed the documents provided by the police officer and noted an issue with the records related to the approved screening device’s (“ASD’s”) used to seize our client’s breath samples. Specifically, that the officer failed to provide proper evidence which confirmed the serial number of the ASD’s used, matched the picture of the ASD’s submitted. As a result, the adjudicator determined that the proper records were not provided, and our client’s penalty must be cancelled.
Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.
Our client was issued a Notice of Administrative Penalty “NAP” for having a blood alcohol concentration that was equal to or exceeded 80 milligrams of alcohol in 100 millilitres of blood within two hours of operating a motor vehicle. The client was involved in a motor vehicle collision and returned to where he was staying, where he consumed alcohol.
After listening to our client’s version of events, it was clear that the police officer seized a sample of his breath within three to four minutes of his last alcoholic beverage, in direct violation of the manual for the approved screening device (“ASD”) which requires a fifteen-minute delay between an individuals last alcoholic beverage and breath sample. This delay is required to prevent the presence of “mouth alcohol” which voids the validity of the sample. The adjudicator agreed on this basis and cancelled the client’s penalty.
Successful Result: IRS: Fail cancelled.
After listening to our client’s version of events, it was clear that the police officer seized a sample of his breath within three to four minutes of his last alcoholic beverage, in direct violation of the manual for the approved screening device (“ASD”) which requires a fifteen-minute delay between an individuals last alcoholic beverage and breath sample. This delay is required to prevent the presence of “mouth alcohol” which voids the validity of the sample. The adjudicator agreed on this basis and cancelled the client’s penalty.
Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for operating a motor vehicle while their ability to do so was impaired by alcohol after being stopped at a Checkstop.
Following careful review of the police evidence, we determined there was a discrepancy between the paperwork our client was provided, and the circumstances as explained by the police officer. Our client was told she would be issued an NAP for “failing/refusing” to provide a sufficient breath sample, when the paperwork she eventually received stated the NAP was based on impaired operation of a motor vehicle. Furthermore, she was not provided a roadside appeal after her successful breath sample resulted in a “fail.” The adjudicator determined that the police officer had obscured our client’s right to a roadside appeal when he changed his investigation from a “failure/refusal” to impaired operation. The NAP was cancelled.
Successful Result: IRS: Fail cancelled.
Following careful review of the police evidence, we determined there was a discrepancy between the paperwork our client was provided, and the circumstances as explained by the police officer. Our client was told she would be issued an NAP for “failing/refusing” to provide a sufficient breath sample, when the paperwork she eventually received stated the NAP was based on impaired operation of a motor vehicle. Furthermore, she was not provided a roadside appeal after her successful breath sample resulted in a “fail.” The adjudicator determined that the police officer had obscured our client’s right to a roadside appeal when he changed his investigation from a “failure/refusal” to impaired operation. The NAP was cancelled.
Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for having a blood alcohol concentration that was equal to or exceeded 80 milligrams of alcohol in 100 millilitres of blood within two hours of operating a motor vehicle after being stopped by police on her way home.
After being retained we discovered that the approved screening device (“ASD”) tags which were uploaded as evidence were not linked back to the police notes, therefore there was no confirmation that the ASD tags provided were from the ASD that was used to seize our client’s breath sample. The ASD was also almost outside of its legally required calibration period, meaning the results were not necessarily accurate. Lastly, the police officer failed to provide proper information regarding the second ASD used to complete the roadside appeal process. After presenting all of this to the adjudicator, it was agreed that the evidence was not properly submitted, and the NAP was cancelled.
Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for failing/refusing to provide a breath sample after he had been pulled over for a traffic stop.
After listening to our client’s recollection of events, it was clear that when the police officer asked him to provide a sample of his breath, our client was extremely nervous and had an altered breathing pattern as a result. Our client’s unique circumstances meant he was required not to consume any alcohol and he feared that after consuming one, low-alcohol beer, the approved screening device (“ASD”) may register this, and he may be sent to jail. We made our client’s circumstances clear to the adjudicator and used sworn evidence to confirm our client was trying his best to provide a sample. The adjudicator agreed with our argument and cancelled the NAP.
Successful Result: IRS: Fail cancelled.
After listening to our client’s recollection of events, it was clear that when the police officer asked him to provide a sample of his breath, our client was extremely nervous and had an altered breathing pattern as a result. Our client’s unique circumstances meant he was required not to consume any alcohol and he feared that after consuming one, low-alcohol beer, the approved screening device (“ASD”) may register this, and he may be sent to jail. We made our client’s circumstances clear to the adjudicator and used sworn evidence to confirm our client was trying his best to provide a sample. The adjudicator agreed with our argument and cancelled the NAP.
Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for operating a motor vehicle while their ability to do so was impaired by alcohol after police officers attended a gas station where they were told our client was parked and “slumped over” in his vehicle.
After being retained we learned that our client was not driving his vehicle that day, he was sleeping inside while it was parked. This was corroborated by two of his friends who we were able to collect sworn evidence from. Based on our argument that our client was parked, sleeping, and had no intention of driving while he was impaired, the adjudicator agreed that our client was not a realistic risk to persons or property of driving while impaired, therefore the penalty should be cancelled.
Successful Result: IRS: Fail cancelled.
After being retained we learned that our client was not driving his vehicle that day, he was sleeping inside while it was parked. This was corroborated by two of his friends who we were able to collect sworn evidence from. Based on our argument that our client was parked, sleeping, and had no intention of driving while he was impaired, the adjudicator agreed that our client was not a realistic risk to persons or property of driving while impaired, therefore the penalty should be cancelled.
Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
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Disclaimer: The information on this website is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice from Strategic Criminal Defence and its lawyers, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licenced in the appropriate jurisdiction.
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