Alberta’s Licence Suspension Rules for Impaired Driving

Impaired Driving and Its Consequences in Calgary

In Calgary, impaired driving is a serious offence with significant legal and personal consequences. Governed by the Criminal Code of Canada and Alberta’s Traffic Safety Act, impaired driving refers to operating a motor vehicle while your ability to do so is impaired by alcohol, drugs, or both. The legal blood alcohol concentration (BAC) limit in Canada is 0.08%, but Alberta has stricter rules under its Immediate Roadside Sanctions (IRS) program.

Definition of Impaired Driving Under Canadian and Alberta Laws

Impaired driving encompasses several behaviours, including:

• Driving while intoxicated by alcohol: Operating a vehicle with a BAC of 0.08% or higher.
• Driving under the influence of drugs: This includes illegal drugs, prescription medications, or cannabis if they impair the driver’s ability to operate the vehicle safely.
• Combined impairment: When alcohol and drugs are consumed together, even at levels below the legal thresholds, they can still lead to impairment charges.

Immediate Roadside Sanctions (IRS) in Alberta

The IRS program, implemented in Alberta, is one of the toughest impaired driving frameworks in Canada. It aims to provide swift and consistent consequences for those caught driving under the influence. Key components include:

1. Administrative Penalties:
   • First-time offenders may face a fine starting at $1,000, increasing with higher BAC levels or repeat offences.
   • Drivers may be required to complete mandatory education programs, such as the Planning Ahead Course or IMPACT.
2. Vehicle Impoundment:
   • Vehicles are immediately seized for 30 days for alcohol or drug-related offences.
   • Owners must pay for towing and storage fees, which can add up to hundreds of dollars.
3. Licence Suspensions:
   • An immediate 90-day suspension is issued for drivers who fail or refuse a breathalyzer or drug test.
   • Following the 90-day suspension, drivers enter a one-year mandatory ignition interlock program, during which they must install and maintain an interlock device at their own expense.

Penalties for Impaired Driving in Calgary

In addition to the IRS penalties, drivers convicted of impaired driving under the Criminal Code of Canada face severe consequences:

• Fines: Minimum fines start at $1,000 for a first offence, with no maximum limit.
• Criminal Record: A conviction results in a permanent record, which can affect employment and travel opportunities.
• Jail Time: Repeat offenders or those involved in accidents causing injury or death may face imprisonment ranging from 30 days to several years.
• Licence Suspension: A court-ordered licence suspension typically lasts 1 year for a first offence, increasing with subsequent convictions.

Alberta’s Licence Suspension Rules for Impaired Driving

Driving under the influence of alcohol or drugs in Calgary has serious repercussions, especially when it comes to your driving privileges. Alberta enforces strict licence suspension rules to deter impaired driving, with penalties varying based on the severity of the offence, driving history, and licence type. Here’s an in-depth look at the rules and their impact.

Immediate Roadside Sanctions (IRS)

The Immediate Roadside Sanctions (IRS) program in Alberta is designed to address impaired driving offences swiftly and effectively. Under this program, drivers caught under the influence face significant consequences even before a court conviction.

• Automatic 90-Day Suspension:
  When a driver fails or refuses a roadside alcohol or drug test, their licence is immediately suspended for 90 days. During this period, drivers are prohibited from operating any motor vehicle.
• One-Year Ignition Interlock Requirement:
  After the 90-day suspension, drivers must participate in Alberta’s Ignition Interlock Program for one year to regain driving privileges. The interlock device requires drivers to provide a breath sample before the vehicle can start, ensuring sobriety.
• Immediate Roadside Appeal Process:
  Drivers can challenge the IRS penalty by filing an appeal through the SafeRoads Alberta program. This appeal must be submitted within 7 days of receiving the sanction. However, the process is complex, and hiring a Calgary impaired driving lawyer is recommended to improve the chances of a successful appeal.

Graduated Driver Licensing (GDL) Restrictions

Drivers in Alberta under the Graduated Driver Licensing (GDL) program are subject to even stricter rules for impaired driving. The GDL framework is designed to protect new and young drivers, who statistically have a higher risk of impaired driving incidents.

• Zero-Tolerance Policy:
  GDL drivers are held to a zero-tolerance standard for alcohol or drugs in their system. Even a trace amount results in an immediate suspension and other penalties.
• Additional Penalties for GDL Drivers:
  If a GDL driver is caught under the influence:
  • They face an immediate 30-day suspension and fines.
  • Additional sanctions under the IRS program may apply.
  • Repeat offences can result in the cancellation of their licence and mandatory participation in education programs.
• Impact on Young and New Drivers in Calgary:
  Impaired driving charges for GDL drivers have long-term consequences, including increased insurance premiums, difficulty obtaining a full licence, and a criminal record. These penalties can severely hinder their ability to drive legally and responsibly in the future.

Criminal Code Convictions and Licence Suspensions

Drivers convicted of impaired driving under the Criminal Code of Canada face mandatory licence suspensions imposed by Alberta Transportation. The severity and duration of these suspensions depend on the nature of the offence and the driver’s history.

• First Offence:
  A first-time conviction results in a mandatory 1-year suspension, in addition to court-imposed fines and potential jail time. Drivers must also complete the Ignition Interlock Program to regain driving privileges.
• Repeat Offences:
  Subsequent convictions lead to longer suspensions:
  • Second Offence: Minimum of 3 years suspension.
  • Third or Subsequent Offences: Lifetime suspension, with potential for reinstatement after 10 years under strict conditions.
• Offence Severity:
  Impaired driving that causes bodily harm or death carries the harshest penalties. In these cases, licence suspensions often extend for multiple years and may be accompanied by lengthy prison sentences.

Options for Appealing a Licence Suspension

If you face a licence suspension for impaired driving in Calgary, there are several avenues to appeal the decision. Understanding the specific processes and requirements under Alberta’s laws is critical to protecting your driving privileges. Below is a detailed guide to appealing licence suspensions at both the administrative and judicial levels.

Understanding the Alberta Administrative Licence Suspension (ALS)

The Alberta Administrative Licence Suspension (ALS) is one of the most common consequences of impaired driving, often issued immediately after an alleged offence. However, drivers have the right to challenge this suspension through Alberta Transportation.

• Timeline for Requesting an Appeal:
  Once you receive an ALS, you have 7 days to request a review through Alberta Transportation’s Driver Fitness and Monitoring department. Failing to act within this timeline may result in the suspension remaining in effect without recourse.
• Steps to File an Appeal:
  1. Submit a Written Request: Complete the required application form and pay the applicable fee for the review.
  2. Gather Supporting Documentation: Include any evidence or details about procedural errors or mitigating circumstances.
  3. Attend the Review Hearing: The hearing is conducted by an adjudicator who assesses the evidence and makes a determination. Legal representation can be highly beneficial at this stage.

Immediate Roadside Appeal Process

For drivers facing Immediate Roadside Sanctions (IRS), an appeal process exists to contest the suspension or penalties. This process addresses the validity of the roadside evidence and ensures procedural fairness.

• How Calgary Lawyers Can Challenge Evidence:
  An experienced Calgary criminal defence lawyer can examine the evidence presented by law enforcement, such as:
  • Calibration records of breathalyzer or drug testing devices.
  • Proper administration of roadside tests.
  • Accuracy of the documentation provided by the officer.
• Importance of Identifying Procedural or Technical Errors:
  Many appeals succeed when procedural mistakes or technical errors are identified. For example:
  • Failure to inform the driver of their rights under Section 10(b) of the Charter of Rights and Freedoms.
  • Inadequate or incomplete documentation of the impairment test results.

Judicial Review of Licence Suspensions

In cases of criminally imposed suspensions, a judicial review can be sought through the court system. This process applies when a driver’s licence is suspended as part of a criminal conviction for impaired driving.

Seeking a Court Review:
A judicial review involves challenging the legality or fairness of the suspension in court. This typically includes:

• Assessing whether the suspension was imposed in compliance with Alberta laws.
• Reviewing the fairness of the administrative or criminal process leading to the suspension.

How Legal Representation Strengthens the Appeal Process:
Hiring a lawyer experienced in impaired driving cases is crucial during judicial reviews. A skilled legal representative will:

• Develop a strong case based on evidence and procedural compliance.
• Navigate the complexities of court procedures.
• Advocate for a reduction or reversal of the suspension where applicable.

The Role of Calgary Lawyers in Licence Suspension Cases

Facing a licence suspension due to impaired driving can be a stressful and complex experience. A Calgary criminal defence lawyer plays a vital role in guiding clients through the appeal process, protecting their rights, and minimizing the impact of the penalties. Here’s how experienced lawyers assist in licence suspension cases.

Tailoring a Defence Strategy Based on the Specifics of the Case

Every licence suspension case is unique, requiring a customized defence approach. A lawyer evaluates the circumstances surrounding the suspension, including:

• The nature of the offence (e.g., alcohol-related, drug-related, or refusal to provide a breath sample).
• The validity and accuracy of the roadside evidence or testing procedures.
• The client’s driving history and prior infractions, if any.

Based on this analysis, the lawyer develops a strategy to challenge the suspension. For example:

• Arguing against improper roadside testing methods or procedural errors.
• Presenting mitigating factors, such as the client’s need to drive for employment or family responsibilities.

This tailored approach ensures that the defence aligns with the unique aspects of the case and maximizes the chances of success.

Experience in Navigating Alberta’s Suspension Appeal System

Alberta’s suspension appeal system, including Immediate Roadside Sanctions (IRS) and the Alberta Administrative Licence Suspension (ALS) framework, can be challenging to navigate without legal expertise. Calgary lawyers provide invaluable support by:

• Filing Appeals on Time: Ensuring the client meets critical deadlines, such as the 7-day window for requesting an ALS appeal.
• Understanding Legal Nuances: Lawyers are well-versed in the regulations under Alberta’s Traffic Safety Act and the Criminal Code of Canada, enabling them to identify errors or inconsistencies in the case.
• Representation During Hearings: Lawyers represent clients during administrative hearings, ensuring their arguments are presented effectively and professionally.

This expertise helps clients navigate the process efficiently and with confidence.

Advocating for Reduced Penalties or Alternate Resolutions

A skilled Calgary lawyer can often negotiate for reduced penalties or alternative solutions to mitigate the impact of a licence suspension. Some strategies include:

• Seeking Reduced Penalties: Lawyers can argue for shorter suspension periods, lower fines, or fewer restrictions based on the circumstances of the case.
• Pursuing Alternate Resolutions:
  • Enrolling the client in the Ignition Interlock Program, allowing them to regain driving privileges sooner by installing a breathalyzer device in their vehicle.
  • Recommending completion of mandatory education programs, such as the Planning Ahead Course, as a demonstration of accountability and rehabilitation.

Ignition Interlock Program in Alberta

The Ignition Interlock Program is an essential component of Alberta’s approach to managing impaired driving offences, including in Calgary. This program allows eligible drivers to regain conditional driving privileges by installing a breathalyzer device in their vehicles. Here’s how the program works, who qualifies, and why it’s a beneficial option for drivers facing licence suspensions.

How the Ignition Interlock Program Works for Impaired Drivers in Calgary

The Ignition Interlock Program uses a device installed in a vehicle to monitor a driver’s sobriety. The system requires the driver to provide a breath sample before starting the car. If the sample exceeds the pre-set blood alcohol concentration (BAC) limit, the vehicle will not start. Additional breath tests may be required during the trip to ensure continued compliance.

• Mandatory Participation:
  For many drivers with an impaired driving-related licence suspension, participation in the Ignition Interlock Program is mandatory to regain driving privileges.
• Monitoring and Reporting:
  The device records all test results and transmits data to program administrators. Any failed attempts or violations are reported and may result in penalties or program extension.

Eligibility Requirements and Steps for Enrolment

To participate in the Ignition Interlock Program, drivers must meet specific eligibility criteria and complete the enrolment process through Alberta Transportation.

Eligibility Requirements:

• Completion of an initial 90-day licence suspension under the Immediate Roadside Sanctions (IRS) or a court-ordered suspension.
• No other active suspensions unrelated to impaired driving.
• Payment of fines and fees associated with the suspension or offence.

Steps for Enrolment:

• Apply for the Program: Submit an application through Alberta Transportation’s Driver Fitness and Monitoring department.
• Install the Interlock Device: Schedule an installation with an approved service provider. Costs for installation, maintenance, and removal are the driver’s responsibility, typically ranging from $1,200 to $2,000 annually.
• Complete Monitoring Period: Drivers must remain in the program for the required duration, as determined by the severity of their offence. During this time, compliance is essential to avoid program extensions or additional penalties.

Benefits of Using the Program to Regain Driving Privileges Sooner

The Ignition Interlock Program offers significant advantages for drivers who want to return to the road responsibly after an impaired driving incident:

• Regain Driving Privileges Early:
  Instead of waiting out the full licence suspension period, participants can resume driving under monitored conditions, often within 90 days of the initial suspension.
• Maintain Employment and Independence:
  Access to a vehicle ensures that participants can continue working, attending appointments, and meeting other obligations.
• Demonstrate Accountability:
  Successfully completing the program shows a commitment to responsible driving, which may be viewed favourably in future legal or administrative matters.
• Prevent Repeat Offences:
  The interlock system acts as a safeguard, reducing the risk of reoffending by ensuring drivers remain sober behind the wheel.

Tips for Preventing Licence Suspensions in Calgary

Licence suspensions can have a lasting impact on your personal and professional life. Preventing an impaired driving charge is essential to maintaining your driving privileges and staying safe on Calgary roads. Below are practical strategies to avoid impaired driving charges, safeguard your rights during traffic stops, and understand the importance of legal advice if you face an impaired driving charge.

Practical Advice for Avoiding Impaired Driving Charges

Plan Ahead for Transportation: If you know you’ll be consuming alcohol or using substances, arrange alternative transportation:

• Use ride-sharing services like Uber or Lyft.
  • Designate a sober driver in advance.
  • Utilize Calgary Transit services for a safe and reliable way home.

Monitor Alcohol and Substance Consumption: Be mindful of your blood alcohol concentration (BAC). Even small amounts of alcohol can impair your ability to drive safely. Alberta has a zero-tolerance policy for certain drivers, such as those under the Graduated Driver Licensing (GDL) program.

Avoid Driving After Using Drugs: Prescription medications, cannabis, and illegal drugs can all impair your ability to drive. Always read labels and consult your doctor or pharmacist about side effects before driving.

Install a Personal Breathalyzer: Investing in a personal breathalyzer can help you ensure you are under the legal BAC limit before getting behind the wheel.

Stay Informed About Alberta Laws: Understanding the Immediate Roadside Sanctions (IRS) and other impaired driving regulations in Alberta can help you make informed decisions about driving.

Importance of Knowing Your Rights During a Traffic Stop

Knowing your rights during a traffic stop can prevent unnecessary complications and ensure the situation is handled fairly. Here’s what you should remember:

• Remain Calm and Cooperative:
  Be respectful and follow the officer’s instructions, but you are not obligated to incriminate yourself.
• Understand the Right to Silence:
  You have the right to remain silent. If asked about alcohol or drug use, politely decline to answer and request legal representation.
• Be Aware of Testing Requirements:
  Under Alberta law, police officers can request a roadside breath or saliva test if they have reasonable suspicion of impairment. Refusing to comply can result in immediate penalties, including licence suspension.
• Request Legal Advice:
  If you are detained or charged, you have the right to contact a criminal defence lawyer under the Charter of Rights and Freedoms (Section 10). Exercise this right before providing further information.

Highlighting the Value of Legal Consultation After an Impaired Driving Charge

If you face an impaired driving charge, consulting a lawyer as soon as possible is critical to protecting your rights and navigating Alberta’s legal system effectively. Here’s why:

• Understanding the Charges and Penalties: A lawyer can explain the specific charges against you, the associated penalties, and your options for addressing them.
• Challenging Evidence: Lawyers can assess the validity of roadside tests, breathalyzer results, and police procedures to identify potential defences or errors.
• Reducing Penalties: Skilled legal representation may result in reduced fines, shorter licence suspensions, or alternative resolutions like enrolment in the Ignition Interlock Program.
• Protecting Your Driving Record: A lawyer can work to minimize the long-term consequences of an impaired driving conviction, such as increased insurance premiums or limited employment opportunities.