Updated: March 13, 2025
Legally Reviewed by Alan Pearse
Impaired Driving Law
Before you begin to learn more about your charges, please keep the following in mind:
Lawyers use the Term Impaired Driving, not DUI.
The legally correct term is “Impaired Driving.” The term “DUI” or “DWI” is considered an “American” term by Canadian lawyers, and it is not often used in court. This site uses the term “DUI” because it is designed to be accessible to the general public.
DUI law breaks down into three main areas:
a. Impaired Driving Charges.
This is what most people think of as “Drunk Driving.”
b. Driving “over 08”
This means that the accused’s blood alcohol level is over the legal limit.
c. Failure to Provide a Sample.
This means that the accused did not provide either a roadside sample or a breathalyzer sample.
About Alan Pearse
Alan Pearse is a Calgary-based DUI lawyer with a practice focused exclusively on impaired driving litigation. Author of Guide to Breathalyzer Certificates in Canada.
Practicing since 2000, he has defended thousands of clients and frequently lectures on DUI law to lawyers and students. A member of the Law Society of Alberta, he represents clients across Canada, except in Quebec. He regularly answers DUI-related inquiries from both legal professionals and the public.
Testimonials
What They Are Saying
Alan did a very good job. I felt like the police were on trial.
Mr. U
Allan Pearce was amazing and made the whole process easy to understand and gave me peace of mind. His experience and knowledge assured me that I had nothing to worry about. I highly recommend him as I didn't even have to step a foot in the court room and he won my case with ease. If you end up in the same situation give this man a call because he gets results fast. Thank you Allan for everything, I am very grateful for how quickly you resolved this problem for me and how easy you were to talk to.
Lissa Klap
I’m a single mother, and was going through a very bad breakup. I made a terrible mistake by drinking and driving, and put my child at risk. However, this is not who I really am. I’m generally very against drunk driving. I know that what I did was wrong, but I’m basically a good person. Alan met with me very quickly, and got the ball rolling. He was straightforward and honest, and told me what my chances were. I eventually decided to fight the charges, because I just couldn’t have a criminal record. I was very impressed with his abilities in court, and I eventually won the trial. Thank you so much.
Mz. W
Alan was very professional and got the absolute best results!!! Would recommend him to anybody !!! Thank you Alan
Shaun Bailey
Alan represented me for the last 20 months with various charges. He has had all of my charges and fines dropped. He was always diligent at responding to my calls and texts when I had questions or concerns. His experience in DUI law and winning track record speaks for itself. I highly recommend Alan to anyone facing these charges and all of the other charges/fines that come along with anyone’s case.
Jenny Mosley