CPS Issue DUI Warning | SafeRoads | Criminal Code of Canada

On December 4^th, 2025 the Calgary Police Service (CPS) issued a warning to drivers who may be driving after celebrating this holiday season.

https://globalnews.ca/news/11559522/calgary-police-impaired-driving-check-stop-campaign-warning/

In short, it is important for all motorists in Alberta to keep in mind that they could be subject to a random sobriety check at any time -- day or night -- by law enforcement. As reported by Global news:

“…check stops will be set up at different times of day on Wednesday, Thursday, Friday and Saturday through during the month of December through New Years Eve”.

What is a Checkstop?

Most folks think that a checkstop is a kind of stationary setup where law enforcement flag drivers to stop at the side of the road for the purpose of conduct sobriety testing. While many of us have driven around that blind, no escape corner only to be confronted by flashing lights and a police officer saying “Alberta checkstop, have you had anything to drink tonight”, it is important to remember that the stationary location for inspect is not the only kind of checkstop operated by police. Checkstops can also be "roving" checkstops.

A roving checkstop is a more low profile operation where officers patrol for impaired drivers. While patrols can occur almost anywhere, it is not unusual for officers to be active in areas or neighbourhoods home to drinking establishments.

Many motorists believe that police only have authority to conduct a traffic stop if they witness a traffic violation. While observing a traffic violation certainly gives police obvious grounds to stop a motorist, the fact is, police can stop any motorist, at any time, so long as they are engaged in legitimate traffic safety enforcement activity. Stop checks to monitor impaired driving is a legitimate traffic safety issue and therefore, police can random stop any driver to test sobriety.

According to Staff Sgt. Andy Woodward:

“We have a high-profile check stop, which is the bus and vehicles parked on the side of the road and then vehicles are guided into the check stop, or we have a what we call a kind of low-profile one which is a roving check stop where you’ll see police officers, we go to an area and we drive around that area and we stop like we would be on patrol.”

SafeRoads and Impaired Driving

In Alberta, law enforcement is equipped with a pair of powerful tools to enforce and punish for impaired driving: Criminal Code and Traffic Safety powers.

To begin with, impaired driving – and its related offences such as refusing to blow or blowing at/over the legal limit – are Criminal Code offences for which an accused, if convicted, will receive a criminal record.  There are minimum punishments for impaired driving offences and as such, if convicted, judges have almost no choice but to impose the minimum punishment, which will include a criminal record. Crown Prosecutors are under very strict marching orders from their boss – the Minister of Justice -- to prosecute impaired drivers. Line prosecutors may have little to no discretion with respect to a criminal impaired driving case other than to prosecute in any circumstance where they have a “reasonable prospect of conviction”.

In Alberta, police essentially have two options after they have formed reasonable grounds to believe that an impaired driving offence has occurred.  First, pursuant to s. 88.1 of the Traffic Safety Act (TSA) they must issue a Notice of Administrative Penalty (NAP).

After issuing the NAP, they have discretion to further investigate and charge under the Criminal Code of Canada. While most DUI cases in Alberta are dealt with by way of immediate roadside sanction, it is important for everybody to understand that notwithstanding the NAP process (as set out in the Traffic Safety Act), impaired driving and its related offences are nevertheless criminal offences. As this Alberta impaired driving lawyer and roadside sanctions lawyer has stated to clients who received a NAP many times, “the silver lining is that you did not get charged criminally”. While most roadside sanctions cases are not accompanied by a criminal charge, the fact is, every motorist who receives a roadside sanction and no criminal charge is fortunate – for police had the option to trigger a potential Criminal Code prosecution.

Beyond not being criminal charged, there are no other real benefits to a roadside sanction.

If confirmed, a roadside sanction is a serious driving penalty that can have a dramatic impact on person who received the notice of administrative penalty. The minimum punishment for a first time confirmed roadside sanction recipient is a $1000.00 fine, $200.00 victim fine surcharge, 30 day vehicle seizure with thousands of dollars of impound fees, loss of licence, a 90 day absolute suspension of driving privileges, followed by an additional 12 month suspension which may be attenuated if the recipient takes a driving ahead course and obtains approval for restricted driving in vehicle equipped with an interlock ignition device. This Calgary defence lawyer understands that insurance rates may also double or more.  Of course, many NAP recipients also open their wallets to pay defence lawyers.

My point is that the cost of a DUI is exceptionally high and therefore, if you are planning celebrating with alcohol or even marijuana, don't drive. It's just not worth the risk.

Refusals

It is important to take a moment to address refusing to provide a breath sample (or “failing to comply with a breath demand”).

I appreciate that on the surface there appears to be a fundamental disconnect between the Canadian Charter of Rights and Freedoms and police power to demand participation in sobriety testing (such as breath testing).  I am not going to address the complicated Charter issues that surround mandatory breath testing. Suffice it to say, there are certainly no hard and fast rules; however, generally speaking, the best and safest advice is to comply with the demand.

If you refuse to blow, you will be sanctioned and potentially charged criminally. If sanctioned, failing to comply with a breath demand eliminates the option to roadside appeal a Notice of Administrative Penalty. Since roadside appeal is often the best defence to a roadside sanction, refusing to blow often eliminates the best defence.

How to Successfully Comply

If police make a demand for roadside breath samples, understand that in most cases, law enforcement has the authority to make the demand “mandatory”. To properly provide a sample, the motorist should follow these steps:

1. Inhale as deep as possible.
2. Make a tight seal with lips around the mouthpiece.
3. Blow through the mouthpiece in a long and steady manner for at least 5 seconds.
4. Listen to the instrument. When blowing the device will signal an auditory tone that if breath is being introduced properly, will be a steady and unbroken sound.

Successfully blowing into an Alco-Sensor FST (the roadside screening device used in Alberta) is, if the device is properly maintained and calibrated, fairly easy to do. However, there are some folks who may have difficulty – to the point of impossibility – due to respiratory or other serious medical issues.

If you have a medical issue that might prevent you from providing a proper breath sample, my advice is that you communicate this to the officer.

Capture your own Evidence

SafeRoads does not require police to provide their audio, video or other media disclosure as part of a SafeRoads hearing. Shockingly, the law permits non-transparency. Therefore, if you are stopped by police for any reason, I highly recommend that every occupant of that motor vehicle/conveyance activate their mobile device and record the interaction.

This Alberta criminal lawyer has seen a horrifying number of cases where the recipient does not agree with the report by the police, only to be labelled unreliable by SafeRoads adjudicators.   

SafeRoads adjudicators will generally reject any argument relating to egregious unfairness resulting from the withholding of video and audio disclosure by police.  I have yet to encounter an adjudicator who has accepted that an adverse inference should be levelled against law enforcement for hiding critical disclosure, even when it has been requested by the recipient with good reason.

Accordingly, record your interactions with police. If you have passengers, ask them to do so as well. Remember, collecting the best evidence is important because even the best, most well-intended police officer can make errors. Since adjudicators mostly side with law enforcement, collecting your own evidence is strongly encouraged. 

Conclusion

As reported,

“Staff Sgt. Andy Woodward of the Calgary police traffic unit says CPS will be working with the Alberta Sheriffs, Tsuu T’ina Nation police, RCMP and members of the Canadian Pacific Kansas City police force in December in an effort to take impaired drivers off the road”.

While this Calgary criminal lawyer makes a living defending criminal impaired driving and notice of administrative penalty cases, it would certainly be in the greater public interest for everybody to enjoy the holiday season free of a DUI charge. The best way to do that is not to drink and drive at all.

Whether the penalty is roadside sanction or a roadside sanction with a criminal charge, the cost of a taxi, an Uber or a designated driver is exponentially less than the costs associated with impaired driving.  Indeed, the cost of impaired driving may be more than the penalty, more than legal fees, it could be another human being. I don’t say this to be paternalistic; I say this because I too am a member of Alberta’s community. 

I wish everyone a safe and happy holiday.

David Chow

Calgary criminal defence lawyer