Alberta Breathalyzer Lawyer in Edmonton

If you have found yourself refusing a breathalyzer test, McGlashan Law is here to help. Our experienced team of lawyers understands the legal complexities surrounding breathalyzer refusals. We can provide guidance on your rights, explain the legal process, and offer representation if needed.


  • This field is for validation purposes and should be left unchanged.

Refusing Breathalyzer Test

If you have been pulled over in your vehicle by a police officer, and they suspect that you have been drinking, they can demand a roadside sobriety test that includes testing your blood alcohol levels. The standard method for testing blood alcohol content, or BAC, in Alberta often referred to as a “breathalyzer” is called the Intoxilyzer, Alco-Sensor, or Alco-Sur.

These roadside testing devices can determine your BAC level by detecting alcohol particles on your breath. A failed result, or blow-over, on the roadside breathalyzer will result in Administrative Penalties under an Immediate Roadside Sanction (IRS), and in the case of an IRS:FAIL you will have your licence taken away and potentially be taken directly into custody at a local police station. It is at this point that the accused will undergo a second breathalyzer test on an approved instrument such as:

  • Intoxilyzer
  • Breathalyzer
  • Intoximeter
  • BAC Datamaster
  • Testing For Blood Alcohol Content (BAC) In Alberta

Alberta Legal Limit

As a resident holding a drivers license in Alberta, you are likely aware of the standard “legal limit” for blood alcohol as .08 BAC. Blowing over this limit on a standard breathalyzer will result in criminal charges for impaired driving. However, there have been significant changes to the provincial drinking and driving laws since 2020. These recent changes now dictate that simply the suspicious of blowing over the legal limit will also result in substantial Administrative Penalties for impaired driving.

Impaired driving laws may be also commonly known by Albertans as: Drunk Driving laws, DWI laws, or DUI laws. Impaired driving laws strictly require every driver to operate or have care and control of their motor vehicle with without impairment by alcohol or drugs. Drunk driving laws in Alberta clearly state that if you are put under custody for suspicion of inebriation, a qualified technician can demand a breath sample using the Intoxylizer 5000C.

Click Here to inquire today