EDMONTON • FORT MCMURRAY

What is a DUI Lawyer?

Are you looking for a DUI lawyer? If you have been given an IRS penalty or charged with driving under the influence of drugs or alcohol, it’s important you receive representation from an experienced DUI lawyer. If you’re in need of a DUI Lawyer, this blog will cover everything you need to know!

Criminal Defence Lawyer vs. DUI lawyer?

As a criminal defence lawyer you work in all aspects of criminal law, defending those who are accused of criminal acts. DUI lawyers are criminal defence lawyers who have experience working with cases related to DUIs. All DUI lawyers are criminal defence lawyers; however, if you have been charged with a DUI or IRS penalty, it’s important to find a defence lawyer who has experience working with cases similar to yours! Experienced DUI lawyers will have the best chance at getting you a positive outcome compared to defence lawyers who haven’t worked with DUI clients often.

What is a DUI?

A DUI, or driving under the influence, is when someone is driving under the influence of drugs or alcohol. This can also apply to legal, prescription drugs. DUI, drunk driving, DWI (driving while impaired), and impaired driving all refer to the same thing, driving while your ability to drive is impaired from a substance. Typically, you will be charged with a DUI if you are driving over the legal limit of alcohol; however, if a police officer finds that you are driving unsafely with marijuana, prescription drugs, over the counter painkillers, or any other substance that can impair your driving ability, you can be charged with Impaired Driving. In Canada, DUI is more of a colloquialism than a legal term, if you are charged for driving illegally under the influence of a substance, that would be impaired driving.

What are Alberta’s Impaired Driving Laws?

Alberta’s Impaired Driving Laws utilize Immediate Roadside Sanctions (IRS) rather than criminal charges, so most impaired drivers, especially first-time offenders, fall under administrative penalties and will be given a penalty and driver’s suspension rather than a criminal charge. There are five types of immediate roadside sanctions:

      • IRS: FAIL

      • IRS: WARN

      • IRS ZERO: Novice

      • IRS ZERO: Commercial

      • IRS: 24 Hour

    IRS: 24 Hour is a 24 hour licence suspension for suspected impaired driving, IRS: ZERO Commercial and Novice applies to drivers who have a zero tolerance rule applied to their driver’s licence (novice drivers who have a GDL and commercial drivers), IRS: WARN is a lesser penalty for drivers who are not driving above a criminal blood alcohol limit of 0.08, and IRS: FAIL is for drivers who have exceeded the blood alcohol limit of 0.08. IRS: FAIL is the most serious administrative penalty.

    Related: Do You Need a Lawyer for a DUI

    For your driver’s license and driving privileges, facing IRS penalties is very similar to a criminal charge for impaired driving. The primary difference is the lack of a possible Criminal Record.  If you receive an administrative penalty for impaired driving you only have one week to file an appeal. A DUI lawyer can help you file an appeal for an IRS administrative penalty as well as for criminal charges.

    If you receive multiple IRS: FAIL administrative penalties, or if other aggravating factors are present, you may be given a criminal charge. If you are facing criminal charges for impaired driving in Alberta, it is important that you have an experienced DUI lawyer representing you and helping you with your case.

    Edmonton and rest of Alberta Impaired Driving (DUI) Lawyer

    Brian McGlashan is an experienced impaired driving lawyer in Edmonton and all areas in Alberta. He has decades of experience working with clients on a variety of cases related to DUIs and impaired driving. As a criminal defence lawyer he is able to help with all forms of criminal charges, but his career has led him to helping many hundreds of clients get their DUI charges dropped or going to trial, IRS penalties appealed, and all other issues relating to impaired driving charges.

    If you’re looking for an Alberta or Edmonton Impaired Driving Lawyer, count on Brian McGlashan to have your back! If you’re facing impaired driving charges or IRS administrative penalties, you need a DUI lawyer in Edmonton and Brian McGlashan will fight for you!

    Brian McGlashan
    Brian McGlashan
    Brian McGlashan, co-founder of McGlashan & Company was called to the Alberta Bar in 1995. Brian has appeared in all levels of Alberta Courts. Brian practices criminal law with a primary focus on Impaired Driving charges (DUI). Brian is a member of the Criminal Trial Lawyers’ Association.

    McGlashan & Company is an Edmonton Criminal Law Firm located just south of Edmonton’s historic Whyte Avenue.

    Brian McGlashan has been defending DUI/Impaired Driving charges in Edmonton for over 20+ years.

    OUR STORY →