Impaired Driving Laws for New Drivers in Calgary

Understanding Alberta’s Graduated Driver Licensing (GDL) System

What is the GDL System?

The Graduated Driver Licensing (GDL) system in Alberta is designed to reduce the risks associated with new and inexperienced drivers. This structured program introduces driving privileges in phases, ensuring that new drivers gain essential skills before receiving a full, unrestricted licence.

The GDL system has two key stages:

Learner’s Licence (Class 7) – The initial stage where new drivers must drive under strict supervision.
Probationary Licence (Class 5-GDL) – The second phase, where drivers can operate a vehicle independently but remain under restrictions until they qualify for a full Class 5 licence.

Different Stages of GDL and Their Impact on Impaired Driving Laws

Stage 1: Learner’s Licence (Class 7)

To obtain a Class 7 Learner’s Licence, an applicant must be at least 14 years old and pass a knowledge test on road signs and traffic laws. They must always drive with a fully licensed Class 5 driver (non-GDL) aged 18 or older in the passenger seat.

Impaired Driving Rules for Class 7 Drivers:

Zero-tolerance policy for alcohol and drugs – Learner drivers must maintain a 0.00% blood alcohol concentration (BAC) at all times.
No cannabis or drug impairment – Even prescription drugs that impair cognitive function can lead to severe penalties.
Supervised driving only – Since a fully licensed adult must be present in the vehicle, impairment on the part of either driver can lead to legal consequences.

Penalties for violating impaired driving laws as a Class 7 driver may include:

Immediate licence suspension
Significant fines and fees
Requirement to complete an impaired driving course
Extended probationary period before advancing to a Class 5 licence

Stage 2: Probationary Licence (Class 5-GDL)

The second stage of the GDL system allows new drivers more independence. To qualify for a Class 5-GDL Licence, a driver must:

Be at least 16 years old
Have held a Class 7 Licence for at least one year
Pass the basic road test

Class 5-GDL drivers can drive unsupervised but must still adhere to GDL restrictions.

Impaired Driving Rules for Class 5-GDL Drivers:

Zero alcohol or drug tolerance – Like Class 7 drivers, GDL drivers cannot have any alcohol or drugs in their system while operating a vehicle.
No cannabis consumption – Any detectable amount of THC (the psychoactive component in cannabis) in the driver’s system is illegal.
Immediate penalties for impairment – Even a BAC under 0.08% (the legal limit for full licence holders) can result in immediate licence suspension.

If a Class 5-GDL driver is caught driving under the influence, they may face:

Immediate 30-day licence suspension
$200 fine and demerit points
Possible vehicle impoundment
Mandatory participation in an educational program
Extended GDL period, delaying eligibility for a full licence

How GDL Rules Apply to Impaired Driving

Calgary’s roads are heavily monitored, with Checkstop programs and roadside impairment tests being routine. The Alberta government enforces strict impaired driving laws for all drivers, but new drivers face additional consequences under the GDL program.

Mandatory Zero-Tolerance Policy – Unlike fully licensed drivers who are subject to 0.08% BAC limits, GDL drivers must have 0.00% BAC and THC in their system at all times.
Licence Suspension & Extended Probation – A single impaired driving offence under the GDL program could add years to the process of obtaining a full licence.
Ineligibility for Full Licence Advancement – If a GDL driver is caught driving impaired, they must wait an additional year before applying for their full Class 5 licence.
Increased Insurance Premiums – Insurance providers in Calgary often impose higher premiums on new drivers. A DUI charge can lead to significant rate increases or even policy cancellation.

Zero-Tolerance Policy for New Drivers in Calgary

Alberta enforces a strict zero-tolerance policy for impaired driving among new drivers, particularly those under the Graduated Driver Licensing (GDL) program. This means that any presence of alcohol, cannabis, or other impairing substances in a new driver’s system can lead to severe penalties.

Alcohol: New Drivers Must Maintain a BAC of 0.00

Unlike fully licenced drivers, new drivers under the GDL program (Class 7 and Class 5-GDL) must maintain a Blood Alcohol Concentration (BAC) of 0.00% at all times while driving. Even a small amount of alcohol in their system can result in an immediate licence suspension, fines, and possible legal consequences.

Cannabis and Other Drugs: No Detectable Levels Allowed

In addition to a zero BAC policy, GDL drivers must also have zero tolerance for THC (tetrahydrocannabinol), cocaine, methamphetamines, and other impairing substances. Roadside saliva tests can detect THC levels, and if a GDL driver is found with any trace of cannabis or other drugs in their system, they face immediate penalties.

💡 Key Points for GDL Drivers:

No alcohol, no exceptions – Even residual amounts in the system can result in legal action.
No cannabis or other impairing substances – Unlike some fully licenced drivers who can have small legal THC limits, GDL drivers must maintain a 0.00 tolerance level.
Random roadside testing – Calgary police regularly conduct Checkstop programs, increasing the likelihood of being tested for impairment.

Comparison with Fully Licenced Drivers (Class 5 Non-GDL) and Their Legal Limits

Once a driver exits the GDL program and obtains a full Class 5 licence, they are subject to different impaired driving laws:

Licence Type	Legal BAC Limit	Legal THC Limit	Consequences for Exceeding Limits
GDL (Class 7 & Class 5-GDL)	0.00%	0.00 ng/mL THC	Immediate licence suspension, fines, extended GDL period
Fully Licenced (Class 5 Non-GDL)	0.08% BAC legal limit (Administrative penalties start at 0.05% BAC)	2 ng/mL – 5 ng/mL THC = Fine; 5 ng/mL+ THC = Criminal charge	Possible licence suspension, fines, criminal charges for high levels

How Impaired Driving Is Enforced for GDL Drivers

Roadside Breath and Drug Tests: How Calgary Police Determine Impairment

Calgary police regularly conduct Checkstop programs at various locations, particularly on weekends and holidays, to catch impaired drivers. When a GDL driver is stopped, officers will assess signs of impairment, including:
✅ Slurred speech
✅ Bloodshot eyes
✅ Delayed reaction time
✅ The smell of alcohol or cannabis in the vehicle

If a driver shows any signs of impairment, officers can demand a breath test or an oral fluid screening to confirm alcohol or drug use.

Oral Fluid Screening for Drugs: THC and Drug Testing Procedures

Since cannabis legalization in Canada, Alberta has implemented strict roadside drug testing measures. Calgary police use oral fluid screening devices to detect THC and other drugs in a driver’s system.

💡 How It Works:

The driver provides a saliva sample using a roadside screening device.
The device analyzes the sample and indicates whether THC, cocaine, methamphetamines, or opioids are present.
If the test is positive, the driver is taken to a police station for further testing, including a blood test to determine exact THC levels.

For GDL drivers, any detectable THC level is a violation—there is zero tolerance. Even if a GDL driver legally consumed cannabis hours earlier, residual THC in their system can result in penalties.

Field Sobriety and Drug Recognition Evaluations (DREs): How Police Assess Impairment

When breath or saliva tests are inconclusive, Calgary police can perform Field Sobriety Tests or call in a Drug Recognition Expert (DRE) for further evaluation.

🚔 Field Sobriety Tests (FSTs) Include:

Walk-and-turn test – The driver walks in a straight line and turns on command.
One-leg stand – The driver balances on one foot while following instructions.
Horizontal gaze nystagmus (HGN) test – The officer observes the driver’s eye movements for signs of impairment.

If the officer suspects drug impairment, the driver may be taken to a police station for a Drug Recognition Evaluation (DRE), which includes:
🔹 Medical assessment (blood pressure, pulse, and pupil dilation check)
🔹 Breathalyzer to rule out alcohol impairment
🔹 Coordination and balance tests
🔹 A blood or urine test to confirm drug presence

Penalties for New Drivers Charged with Impaired Driving in Calgary

Immediate Roadside Sanctions (IRS): Consequences of a First Offence

Under Alberta’s Immediate Roadside Sanctions (IRS) program, police officers can issue immediate administrative penalties if they determine that a driver is impaired. This applies even if the driver’s blood alcohol concentration (BAC) is below the legal limit for fully licenced drivers.

🚨 For a first offence under the IRS program, a GDL driver faces:

✅ 30-day immediate licence suspension (cannot drive under any circumstances)
✅ 7-day vehicle impoundment (driver must pay towing and storage fees)
✅ $200 fine + victim surcharge
✅ Requirement to complete a mandatory impaired driving education course

The zero-tolerance policy for GDL drivers means that even a small amount of alcohol or drugs in their system triggers these penalties.

Licence Suspensions for Impaired Driving

Immediate 30-Day Suspension for First-Time Offence

The moment a police officer confirms impairment, the GDL driver’s licence is suspended for 30 days. During this period, they cannot legally drive, and they must arrange for alternative transportation.

Potential Long-Term Licence Revocation and Restart of the GDL Program

If a new driver is convicted of impaired driving, they may face longer suspensions and be required to restart the entire GDL program. This means:

⚠️ Extended probationary period before obtaining a full licence
⚠️ Possible requirement to retake road and knowledge tests
⚠️ Higher insurance rates for years to come

For repeat offences, a GDL driver may be permanently banned from obtaining a full Class 5 licence.

Fines and Vehicle Impoundment

How Much Are New Drivers Fined for Impaired Driving?

GDL drivers who violate Alberta’s zero-tolerance rule for alcohol or drugs face increasing fines based on the severity of the offence:

Offence Type	Fine Amount	Additional Penalties
First Offence (BAC over 0.00% but under 0.08%)	$200 + victim surcharge	30-day licence suspension, 7-day vehicle impoundment, mandatory education course
Second Offence (Repeat impaired driving within 10 years)	$500 + victim surcharge	90-day suspension, 30-day vehicle impoundment, interlock device required
Third Offence (Multiple impaired driving violations)	$1,000 + victim surcharge	Licence revocation, criminal charges, court appearance

🚔 When and for How Long Can Vehicles Be Impounded?

First offence: 7-day vehicle impoundment
Second offence: 30-day vehicle impoundment
Third offence: 60-day vehicle impoundment

Drivers are responsible for all towing and storage fees, which can amount to hundreds of dollars.

Criminal Charges for Impaired Driving

Difference Between Administrative Penalties and Criminal Impaired Driving Charges

Immediate Roadside Sanctions (IRS) – These are administrative penalties issued by police at the roadside. While they do not lead to a criminal record, they can significantly affect insurance rates and driving privileges.
Criminal Charges – If a GDL driver has a BAC over 0.08% or is severely impaired, they may face criminal charges under the Criminal Code of Canada.

Long-Term Impact of a Criminal Record for New Drivers

If convicted of criminal impaired driving, a GDL driver could face:
🚨 A criminal record that affects future employment and travel opportunities
🚨 A minimum fine of $1,000 for a first offence
🚨 Mandatory ignition interlock device installed in their vehicle
🚨 Possible jail time for repeat offences
🚨 Severe insurance premium increases or cancellation

A criminal impaired driving conviction can stay on a person’s record for at least 10 years, making it difficult to get jobs, travel to the U.S., or even rent vehicles.

How an Impaired Driving Charge Affects a New Driver’s Future

An impaired driving charge can have severe and long-lasting consequences for new drivers in Calgary, affecting their ability to get a full Class 5 licence, increasing insurance costs, and limiting travel and employment opportunities.

Impact on Getting a Full Class 5 Licence

A Graduated Driver Licensing (GDL) driver who receives an impaired driving charge faces significant delays in obtaining a full Class 5 licence.

⚠️ Immediate Consequences for GDL Drivers:

Automatic licence suspension (minimum 30 days for a first offence)
Extended probationary period – New drivers must maintain a clean record for at least one year before applying for a full licence. An impaired driving charge resets this period.
Possible requirement to retake driving tests – Drivers may need to pass both knowledge and road tests again before advancing to a full licence.

In severe cases, a GDL driver may be permanently disqualified from obtaining a full Class 5 licence, forcing them to restart the entire process from Class 7.

Insurance Consequences

One of the biggest financial impacts of an impaired driving charge comes from increased insurance rates.

Increased Insurance Rates After an Impaired Driving Conviction

🚗 Standard insurance rates for new drivers in Calgary are already high, but an impaired driving conviction makes things even worse.

After a first-time impaired driving charge, a driver’s insurance premium can increase by 100-300%.
Some insurers may refuse coverage, forcing drivers to obtain high-risk insurance, which can cost thousands of dollars per year.
Multiple impaired driving convictions may result in total loss of coverage from private insurance providers.

How Long a Conviction Stays on a Driving Record

⏳ In Alberta, an impaired driving conviction:

Remains on a driver’s record for at least 10 years.
Affects insurance rates for a minimum of 3-5 years.
May be visible to future employers who request a driver’s abstract.

Even if a driver completes rehabilitation programs or pays off fines, the conviction can still impact their driving history for a decade.

Travel and Employment Restrictions

An impaired driving conviction can limit career opportunities and international travel, especially for jobs that require a clean driving record.

Difficulty in Getting Certain Jobs That Require a Clean Driving Record

🚔 Many Calgary employers conduct background checks, and an impaired driving conviction can make it difficult to secure jobs in industries that require driving, such as:

Commercial trucking (Class 1 and Class 3 licences)
Delivery services (Uber, Lyft, SkipTheDishes, Amazon Flex)
Public sector jobs (police, emergency services, government positions)
Construction or trades requiring a valid driver’s licence

Some insurance companies refuse to cover commercial drivers with an impaired driving charge, making it nearly impossible to get a job in fields that rely on driving company vehicles.

Problems Travelling to the United States with an Impaired Driving Conviction

🌎 A DUI (Driving Under the Influence) conviction is considered a criminal offence in Canada and the U.S. This means:

The United States can deny entry to travellers with a DUI on their record.
A person may need to apply for a U.S. Entry Waiver, which is expensive and time-consuming.
Even if a person has no further convictions, they may be permanently ineligible for visa-free travel to the U.S. under the Visa Waiver Program.

Defences for New Drivers Accused of Impaired Driving in Calgary

Below are some common defences for new drivers facing impaired driving charges:

Challenging Roadside Test Accuracy

Alberta police use roadside breathalyzers and oral fluid drug tests to detect alcohol and cannabis impairment. However, these tests are not always 100% accurate, and false readings can occur due to:

🚨 Breathalyzer Calibration Issues – If the device is not properly maintained or calibrated, it can produce inaccurate blood alcohol concentration (BAC) results.
🚨 Mouth Alcohol Contamination – Using mouthwash, breath sprays, or certain medications can cause false positives in a breathalyzer test.
🚨 Residual THC in Saliva – Cannabis remains in the body for days or weeks, meaning a positive test does not always prove impairment at the time of driving.

A defence lawyer can request maintenance records for the testing device or challenge the scientific reliability of the test results in court.

Legal Defences for Prescription Medications and False Positives

Not all positive drug tests indicate illegal substance use. Some prescription and over-the-counter medications can lead to false positives on a roadside drug test.

💊 Common Medications That May Cause False Positives:
✔️ Cold medications (some contain alcohol or ingredients that mimic illegal drugs)
✔️ Antidepressants and anxiety medications
✔️ Pain relievers and muscle relaxants
✔️ ADHD medications (such as Ritalin and Adderall)

If a new driver is legally prescribed medication that caused the test result, their lawyer can provide medical records and expert testimony to prove that they were not impaired.

Errors in Police Procedures and Charter Rights Violations

Every driver in Calgary has legal rights under the Canadian Charter of Rights and Freedoms. If the police fail to follow proper legal procedures, a defence lawyer may be able to have the charges reduced or dismissed.

⚠️ Common Police Errors That Can Lead to a Defence:
✔️ Failure to Read the Driver’s Rights – If police do not inform the driver of their right to legal counsel, the evidence may be thrown out.
✔️ No Reasonable Grounds for a Stop – Police must have a valid reason to pull over a vehicle (Checkstop programs are an exception).
✔️ Improper Administration of Field Sobriety Tests – If the officer was not properly trained to conduct drug recognition evaluations (DREs), the test results may be invalid.
✔️ Unlawful Search and Seizure – If police searched the driver’s vehicle without a valid reason or warrant, any evidence found may be dismissed.

A strong DUI lawyer will analyze police reports, body camera footage, and witness statements to determine if procedural errors were made.

Importance of Hiring a Calgary Criminal Defence Lawyer

🚔 Why You Need a Lawyer if Charged with Impaired Driving:

GDL penalties are severe – New drivers face a zero-tolerance policy and risk licence suspension, fines, and criminal records.
A lawyer can negotiate – An experienced Calgary impaired driving lawyer may be able to reduce penalties or have the charges dismissed.
Challenging evidence – Lawyers can question the accuracy of tests, police errors, and procedural violations.
Avoiding long-term consequences – A criminal record can affect employment, insurance rates, and travel, so fighting the charge is critical.