by admin | Feb 20, 2025 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
Understanding DUI and Employment Law in Alberta
Driving under the influence (DUI) is a serious offence in Alberta, carrying legal and professional consequences. While a DUI conviction can lead to license suspensions, fines, and even jail time, many people also worry about how it might affect their jobs.
In Alberta, employers generally have the right to terminate employees for various reasons, including misconduct outside of work. However, whether a DUI leads to job loss depends on multiple factors, including the nature of employment, workplace policies, and the specific circumstances of the case.
Can an Employer Fire You for a DUI?
Alberta follows an “at-will” employment approach in many cases, meaning employers can dismiss employees with proper notice or severance. If a DUI violates company policies or affects job performance, termination is more likely. Several factors determine whether an employer can legally fire an employee for a DUI:
- Job Requirements – If driving is an essential part of the job, such as for truck drivers, delivery personnel, or company vehicle operators, a DUI-related license suspension can make continued employment impossible.
- Reputational Damage – If the employer believes that the DUI harms the company’s reputation—especially in positions requiring public trust, such as teachers, executives, or government workers—dismissal might be justified.
- Workplace Policies – Some employers have strict policies regarding employee conduct, including legal issues outside of work. If a contract or employee handbook explicitly states that a criminal charge could lead to termination, the employer may have grounds to enforce it.
- Repeated Offences – A single DUI may not always result in job loss, but multiple offenses suggest a pattern of risky behavior, which could justify termination.
Unionised vs. Non-Unionised Employment
The impact of a DUI on job security also depends on whether an employee is part of a union. Unionised workers often have more protection, as employers must follow collective bargaining agreements when considering termination.
This means that firing an employee for a DUI may require just cause and proper disciplinary procedures. Non-unionised employees, however, may have fewer legal protections and could be dismissed with notice or severance.
Employer Obligations and Employee Rights
Employers can enforce workplace policies, but employees have legal protections. Firing someone due to a disability, including alcohol dependency, may be discriminatory, requiring accommodation under Alberta’s human rights laws.
However, if a DUI makes an employee unfit for their role, termination may be justified. Wrongful dismissal claims can arise if an employer fires without just cause or proper severance. Seeking legal advice is essential in such cases.
What to Do If You’re Facing Job Loss Due to a DUI
If you have been charged with or convicted of a DUI and are concerned about your employment, consider the following steps:
- Review Your Employment Contract – Check for any clauses related to criminal charges or misconduct.
- Seek Legal Advice – A lawyer can assess whether your employer has grounds for termination and explore potential legal remedies.
- Communicate with Your Employer – If possible, be upfront about the situation and discuss potential accommodations or solutions.
- Know Your Rights – Understanding employment and human rights laws can help you navigate any disciplinary action.
How We Can Help
Kolinsky Law has the Best DUI Lawyers in Edmonton who understand the implications of a DUI on both your personal and professional life. If you are facing job loss due to a DUI charge, we can assess your legal options and help protect your rights. Whether it involves negotiating with your employer, challenging a wrongful dismissal, or exploring defence strategies for your DUI charge, our team is here to guide you through the process.
Contact us today for a consultation and let us help you navigate your legal challenges.
by admin | Feb 17, 2025 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
A DUI can carry serious consequences, from immediate license suspensions to impacts on future employment and travel. Whether it’s your first offence or a subsequent charge, being aware of the potential penalties and legal processes is critical.
This guide provides an overview of Alberta’s impaired driving laws to help you make informed decisions if you find yourself in this situation.
First-Time Offence Penalties
Even a first-time impaired driving conviction carries significant consequences in Alberta. Offenders face a minimum fine of $1,000, along with a mandatory driving prohibition for one year.
Many people don’t realise that upon conviction, they must also complete the Planning Ahead course and have an ignition interlock device installed in their vehicle for one year after their license suspension ends. We’ve seen how these penalties can significantly impact our clients’ ability to work, maintain family responsibilities, and manage daily activities.
Immediate Roadside Sanctions Program
Alberta’s Immediate Roadside Sanctions (IRS) program implements swift consequences for impaired drivers. If you blow over 0.08 or refuse to provide a breath sample, you face an immediate 90-day license suspension followed by a 12-month period of mandatory ignition interlock.
Your vehicle will be seized for 30 days, and you’ll incur substantial fines starting at $1,000. Through our practice, we’ve observed that many clients are caught off guard by how quickly these sanctions take effect.
Repeat Offender Consequences
The penalties escalate dramatically for repeat offenders. A second offence within 10 years results in a minimum 30-day jail sentence and a driving prohibition of up to five years. Third and subsequent offences carry minimum 120-day jail terms, with courts often imposing longer sentences. We’ve represented numerous repeat offenders and understand the complexity of building a defence strategy in these challenging cases.
Criminal Record and Long-term Impact
One aspect that many don’t consider is the lasting impact of a DUI conviction. As a criminal offence, it creates a permanent record that can affect employment opportunities, travel abilities (particularly to the United States), and insurance rates.
Our clients often express surprise at how a single mistake can have such far-reaching consequences. Insurance premiums typically increase by 200-300% following a conviction, and these higher rates usually persist for at least three years.
Administrative Penalties and Driver Programs
Beyond criminal penalties, Alberta imposes several administrative consequences for DUI convictions. At Kolinsky Law, we ensure our clients understand these requirements, which include completing the mandatory Impact Program at a cost of approximately $1,000. Convicted drivers must also undergo a comprehensive alcohol assessment and may be required to participate in counselling programs based on the assessment results.
Our team guides clients through each step, helping them meet deadlines and fullfill all obligations efficiently. We understand these additional requirements can be overwhelming, which is why we provide detailed guidance throughout the process.
How Legal Representation Can Help
At Kolinsky Law, we understand that facing impaired driving charges can be overwhelming. Our experience has shown that early legal intervention can often lead to better outcomes. We thoroughly examine all aspects of your case, from the initial traffic stop to breath testing procedures, looking for procedural errors or rights violations that could affect your case.
While we can’t guarantee specific outcomes, we’re committed to protecting your rights and pursuing the best possible resolution for your situation.
If you’re facing impaired driving charges in Alberta, don’t wait to seek legal help. Contact our office for a confidential consultation by the Best DUI Lawyers in Edmonton to discuss your options and develop a strategic defence plan.
by admin | Jan 16, 2025 | Best Lawyers in Edmonton, Blog, Drug Charges Lawyer, DUI, DWI, Impaired Driving Lawyers
Facing a DUI or DWI charge can be overwhelming, especially with confusing legal terminology.
While both offences relate to impaired driving, their distinctions can significantly impact your case outcome, potential penalties, and defence strategy.
Our experienced DUI Lawyers in Edmonton have successfully handled thousands of these cases, and we’re here to help you understand the crucial differences that could affect your future.
Defining DUI and DWI
A DUI (Driving Under the Influence) typically refers to operating a vehicle while impaired by alcohol or drugs, with blood alcohol content (BAC) being a key factor. DWI (Driving While Impaired/Intoxicated) can have different meanings depending on your jurisdiction.
In some states, DWI specifically relates to drug-induced impairment, while in others, it’s used interchangeably with DUI. Our legal team has extensive experience handling both cases, understanding the nuances that can significantly impact the outcome.
State-by-State Variations
We’ve observed that the interpretation and severity of these charges vary significantly by state. Some jurisdictions treat DWI as a more serious offense, while others consider them equivalent.
The key factor isn’t necessarily the terminology but rather the specific circumstances and level of impairment involved. Additionally, some states use alternative terms like OWI (Operating While Intoxicated) or DWAI (Driving While Ability Impaired) to describe similar offenses.
Impact on Your Future
Whether charged with DUI or DWI, the consequences can be severe. Our experience shows that either charge can result in:
- License suspension or revocation, often beginning immediately after arrest
- Substantial fines and legal fees that can reach thousands of dollars
- Mandatory installation of ignition interlock devices at your own expense
- Potential jail time, especially for repeat offenders
- Insurance rate increases averaging 95%, lasting several years
- Long-term impact on employment opportunities and professional licenses
- Mandatory alcohol education and treatment programs
- Travel restrictions, particularly to foreign countries
Legal Blood Alcohol Content Limits
While the federal BAC limit is 0.08%, we’ve seen cases where drivers face charges with lower levels, especially if other signs of impairment are present. Some states have adopted stricter standards, particularly for commercial drivers (0.04%) and those under 21 (often 0.00-0.02%). Our firm stays current with changing BAC regulations and how they affect our clients’ cases.
Beyond Alcohol: Drug-Related Impairment
Modern impaired driving cases often involve substances beyond alcohol. We frequently handle cases involving:
- Prescription medications, even when taken as directed
- Marijuana and other recreational drugs, including in states where they’re legal
- Over-the-counter medications that cause drowsiness
- Combinations of substances that can amplify impairment
- New and emerging substances that may not be covered by traditional testing
Defending Against These Charges
When working with clients facing DUI or DWI charges, we focus on several key aspects:
- The lawfulness of the traffic stop and the justification of probable cause
- Accuracy of field sobriety tests and testing conditions
- Proper calibration and maintenance of testing equipment
- Blood and urine test verification process
- Constitutional rights during the arrest process
- Medical conditions that might affect test results
- Timeline of events and procedural violations
The Path Forward
At Kolinsky Law, we understand that good people can make mistakes. If you’re facing DUI or DWI charges, the most crucial step is securing experienced legal representation immediately.
Early intervention often leads to better outcomes, whether through charge reduction, alternative sentencing, or case dismissal. Our track record demonstrates our ability to navigate these complex cases successfully. Contact the Best Impaired Driving Lawyers Edmonton today!
Your Next Steps
Understanding the difference between DUI and DWI is essential, but what’s more critical is taking immediate action to protect your rights.
Contact our experienced team at Kolinsky Law for a confidential consultation to discuss your situation and explore your legal options. Remember, your decisions in the first 24 hours after an arrest can significantly impact your case’s outcome.
by admin | Aug 22, 2024 | Blog, DUI, Impaired Driving Lawyers
Breathalyzer tests have long been a cornerstone of law enforcement’s arsenal in combating drunk driving. However, as technology advances and our understanding of these devices deepens, new avenues for challenging their results have emerged. This article delves into the latest developments in breathalyzer technology, explores alternative methods of alcohol detection, and examines innovative legal strategies for contesting breathalyzer evidence in court.
Understanding these advancements can be crucial in mounting an effective defense for individuals facing DUI charges. At Kolinsky Law, our Best Lawyer in Edmonton for Impaired Driving remain at the forefront of these developments, constantly updating our knowledge and tactics to provide the best possible defense for our clients.
Understanding Breathalyzer Technology
Breathalyzers estimate blood alcohol concentration (BAC) by measuring alcohol content in exhaled breath. While widely used, these devices are not infallible. Common issues include:
- Calibration errors
- Environmental interference
- User error
- Medical conditions affecting results
- Residual mouth alcohol
Understanding these potential flaws is the first step in challenging breathalyzer results effectively.
New Technologies in Alcohol Detection
Advancements in technology have introduced more accurate methods of alcohol detection:
- Transdermal Alcohol Monitoring: Devices that detect alcohol through the skin
- Infrared Spectroscopy: More precise measurement of alcohol molecules
- Evidential Breath Testing (EBT) Devices: Advanced breathalyzers with improved accuracy
- Blood Testing Improvements: More reliable lab techniques for blood alcohol analysis
These new technologies often provide more accurate results and can be used to challenge traditional breathalyzer findings.
Edmonton Police Service Procedures and Potential Challenge Points in DUI Cases
| Aspect |
Police Procedure |
Potential Challenge Points |
| Equipment Management |
Certification, maintenance, and operation of alcohol-measuring instruments |
- Calibration records
- Maintenance logs
- Operator training and certification
|
| Officer Training |
In-service training on impaired driving offences and the use of alcohol-detecting instruments |
- Officer’s adherence to proper testing protocols
- Understanding of device limitations
|
| Checkstop Program |
Year-round program, sometimes involving joint operations |
- Legality of the stop
- Proper procedure during roadside checks
|
| Drug Recognition Experts |
Specially trained officers to identify drug-impaired drivers |
- Reliability of drug recognition techniques
- Officer’s qualifications and training
|
| Education and Awareness |
Provide information on alcohol effects and impaired driving consequences |
- Accuracy of public information
- Potential biases in educational materials
|
| Community Partnerships |
Liaison with groups like MADD |
- Influence on public Perception and jury pools
|
Legal Strategies for Challenging Breathalyzer Results
Modern defense strategies go beyond questioning the device’s accuracy. Some effective approaches include:
- Challenging the Stop: Questioning the legality of the initial traffic stop
- Examining Calibration Records: Scrutinizing device maintenance and calibration logs
- Expert Testimony: Utilizing scientific experts to explain technical flaws
- Rising BAC Defense: Arguing that BAC was lower while driving but rose by the time of testing
- Medical Condition Defenses: Presenting evidence of conditions that can affect breathalyzer results
- Procedural Violations: Identifying failures to follow proper testing protocols
At Kolinsky Law, we employ these strategies and more, tailoring our approach to each client’s unique circumstances.
Kolinsky Law’s Approach
At Kolinsky Law, we stay ahead of the curve in DUI defense. Our approach includes:
- Continuous Education: We regularly update our knowledge on the latest technologies and legal precedents.
- Comprehensive Case Analysis: We examine every aspect of your case, from the initial stop to the final test results.
- Tailored Defense Strategies: We develop unique strategies based on the specifics of your situation.
- Collaboration with Experts: We work with technical and medical experts to challenge breathalyzer results effectively.
- Aggressive Representation: We vigorously defend your rights at every stage of the legal process.
Are You Facing DUI Charges?
If you’re dealing with DUI charges based on breathalyzer results, you have options:
- Seek immediate legal counsel to understand your rights.
- Document everything about your arrest and testing process.
- Don’t discuss your case with anyone but your lawyer.
- Consider independent blood testing if time permits.
How We Can Help
At Kolinsky Law, our Best Impaired Driving Lawyers in Edmonton specialize in DUI defense and challenging breathalyzer results. We can:
- Analyze your case for potential breathalyzer inaccuracies
- Develop a tailored defense strategy using the latest legal and technological knowledge
- Represent you aggressively in court and negotiations
- Guide you through the legal process with compassion and expertise
Don’t let a potentially flawed breathalyzer test determine your future. Contact us today for a confidential consultation, and let us use our expertise to help you.
Conclusion
As technology evolves, so do the methods for challenging breathalyzer results. Understanding these advancements is crucial for anyone facing DUI charges. At Kolinsky Law, we combine our deep legal expertise with knowledge of the latest technological developments to provide robust defenses against breathalyzer evidence.
If you’re facing DUI charges, don’t assume that breathalyzer results are infallible. With the right legal strategy and expert representation, it’s possible to challenge these results effectively. Contact Kolinsky Law today to discuss your case and explore how we can help protect your rights and your future.
by admin | Apr 7, 2020 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
Everyone knows that you should never drive drunk. If you drink, leave your keys and take a cab. We hear this over and over again on commercials, radio ads and see this very message posted in bars and pubs.
What happens if you do not think you are drunk? What happens if you think you can handle driving home? What happens when you see those red and blue lights flashing in your rear-view mirror? There are different degrees of impairment that some may find confusing but it’s best to know what they mean in advance to find out what your rights are when it comes to driving and alcohol consumption.
As a prominent example, it is not uncommon for the terms “Impaired Driving” and “Driving Over 80” to be confused. The reason is that both these charges are often laid together but they have different meanings.
Driving Over 80:
It is a criminal offence in Canada to operate a motor vehicle when the Blood Alcohol Concentration (BAC) is more than 80mg of alcohol per 100 mL of blood.
Blood alcohol concentration depends on a number of factors including how much alcohol was consumed, how much time has passed since the most recent drink, gender, weight, how the body absorbs alcohol and eliminates it.
Impaired Driving:
Impaired driving does not depend on the blood alcohol level at all. It simply means that the driver’s ability to operate the motor vehicle was impaired by alcohol or drugs.
Federal Consequences:
What is confusing is that someone may be charged with impaired driving when their BAC is below 80mg. At the same time, another driver may be charged with Driving Over 80 but not be impaired at all. This really comes down to alcohol tolerance. In fact, toxicologists have found that some people may be impaired from less than 50mg of alcohol per 100mL of blood while others can tolerate much higher than 80mg of alcohol per 100mL before becoming impaired.
If the driver is found to have a Blood Alcohol Concentration over 80mg, they will be charged with that. If their BAC is below 80 but there is evidence of impairment including weaving, or an accident then they will face an Impaired Driving Charge.
If you are found guilty of criminal-level impaired driving (Over 80), you may be required to:
- Complete a driving prohibition. The prohibition time may vary depending on the offence.
- Pay fees such as reinstatement fees.
- Complete remedial education courses.
- Successfully participate in the Mandatory Interlock Program.
- Successfully complete a roadside test.
Provincial Consequences:
In Alberta, like most provinces, if a driver is found to have a blood alcohol concentration of 0.050 and 0.079 they will face Provincial consequences.
1. First time within a 10-year period:
- an immediate 3-day driver’s license suspension
- a 3-day vehicle seizure
2. Second time within a 10-year period:
- an immediate 15-day driver’s license suspension
- a 7-day vehicle seizure
- Crossroads course
3. Third and subsequent times within a 10-year period:
- an immediate 30-day driver’s license suspension
- a 7-day vehicle seizure
- IMPACT program
How Can Kolinsky Law Help?
Our dedicated team of criminal lawyers work to help those charged with a crime and provide them with legal advice. In cases of Impaired Driving or Driving Over 80, the penalties can be serious. This is where we come in. The lawyers at Kolinsky Law have what it takes to guide you through the process and work to get you the best possible results.
by admin | May 24, 2019 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
You’ve spent the evening catching up with old friends. You socialized over a nice dinner and had a few drinks as the night wore on. Unfortunately, you made the choice to drive home and along the way you were stopped by police and tested for alcohol and drug impairment. You’ve been charged with impaired driving under the Criminal Code of Canada. What happens next? Here’s what you need to know:
Driving under the influence is against the law in Canada. DUI is defined as operating any kind of vehicle, vessel, aircraft or railway equipment while impaired by alcohol or drugs. Any amount over 80 mg of alcohol or over 5 ng of Tetrahydrocannabinol (THC) per ml of blood results in immediate consequences. Other drugs and medical conditions can also cause impairment. Canada’s updated law now states that you can be convicted if your blood concentrations are over these numbers within two hours of driving.
Statistics and Trends
Impaired driving is one of the most common criminal offences and is among the leading criminal causes of death in Canada. In 2017, Canadian police reported 69,000 impaired driving incidents. In addition, while alcohol-impaired driving is down over the past several decades, drug-impaired driving is on the rise. Incidences of drug-impaired driving convictions doubled from 2014 to 2015 and in 2017, 3,500 drug-impaired driving incidents were reported. Men, those who play on sports teams, and those who are 20-24 years old (as reported by police) are more likely to engage in impaired driving.
Saliva and Blood Tests
When pulled over, police officers can demand a preliminary breath sample that tests for blood alcohol levels. They can do so without any reasonable suspicion of impairment. In 2009, a provision to the Criminal Code allows police to carry out compulsory roadside testing of drug-impaired drivers. Oral fluid drug screeners are used to detect some drugs in saliva, if an officer reasonably suspects that a driver is impaired by drugs. Reasonable suspicion can include signs like red eyes, twitching, agitation, slurred speech, and odd behaviour. Oral fluid drug screeners serve as a basis for additional blood testing for further confirmation of impairment. Police can also demand a driver submit to a Standard Field Sobriety Test or a Drug Recognition Expert Evaluation.
Penalties and Fines
Federal penalties for DUI (that doesn’t involve harm or death) carry a maximum of a 10-year prison sentence. The minimum penalties range from a minimum mandatory fine of $1000 for first offenses to at least a 120-day prison sentence for third offenses. More severe penalties are reserved for those convicted of impaired driving causing bodily harm or death.
A summary conviction can be given if 2-5 ng/ml of THC is measured in the blood. Other substances, like ketamine, PCP, cocaine, and methamphetamine can be detected and carry a charge if they are detected within 2 hours of driving.
Individual provinces within Canada have their own sanctions over and above the federal laws. For example, in Alberta, those who are suspected of being impaired by alcohol or drugs while driving may face a 24-hour license suspension and those who have a blood alcohol level of 0.05 to under 0.08 can face an immediate suspension of longer duration, and these sanctions fall under the Traffic Safety Act.
Issues and Challenges
The recent changes to Canada’s impaired driving laws have some questioning whether it fits within Canada’s constitution. The changes are said to be too vague, and those who use medicinal cannabis, in particular, may be subject to unjust sanctions if trace amounts of THC are found in roadside saliva tests. THC can remain in small amounts within the body up to a week (or more) after consuming it, and therefore regular cannabis users may test positive, despite not using it hours or days prior to driving.
In addition, saliva tests are found to be subject to false-positive results. One law firm has discovered that poppy seed cake can cause a saliva test to show positive for opiates, consuming coca tea can show that cocaine is in one’s body, and CBD, a chemical within cannabis can show the same positive results on saliva tests even when isolated from and used without THC.
Plan of Action
The charges (and the penalties that come with them) are not something to take lightly. If you’ve been charged with impaired driving and are now facing significant penalties, the help of an expert DUI lawyer in Edmonton is the best course of action to take next. Issues within Canada’s DUI laws may leave room for challenges, questions, and defenses, and Kolinsky Law is best equipped to deal with and navigate these issues in a legal setting.
