Understanding Impaired Driving Suspensions in Alberta
Before you can begin the reinstatement process, it’s important to understand what type of suspension you’re facing and how long it will last.
Types of Suspensions:
- Immediate Roadside Sanctions (IRS):
This is a provincial administrative penalty issued on the spot by police for impaired driving, refusal to blow, or having a blood alcohol concentration (BAC) over the legal limit. It takes effect immediately—even before a court appearance. - Court-Ordered Suspensions:
These are federal penalties resulting from a criminal conviction under the Criminal Code of Canada. If you’re found guilty in court, a longer suspension is imposed in addition to any IRS penalties you may have already received.
Suspension Duration:
The length of your suspension depends on multiple factors, including your BAC, prior convictions, and whether you refused a breath or blood test.
- First Offence (IRS + Criminal):
- Minimum 90-day suspension (IRS)
- 1-year court-ordered suspension if convicted
- Second Offence:
- Longer IRS penalty
- 3-year court-ordered suspension
- Refusal to Provide a Sample:
- Treated as seriously as a high BAC offence
- Automatic suspensions under both IRS and Criminal Code
Steps to Reinstate Your Driver’s Licence in Calgary
Once your impaired driving suspension period has ended, you must complete several legal and administrative steps before your licence can be reinstated in Alberta. Here’s a step-by-step guide to help you understand the process in Calgary.
Serve the Full Suspension Period
Your suspension period must be fully served before any reinstatement actions can begin.
- The suspension period starts from the date listed in your Notice of Suspension or court order.
- You are not eligible to apply for reinstatement until the final day of the suspension has passed—even if other conditions have already been completed.
This waiting period varies depending on whether the suspension was issued under Alberta’s Immediate Roadside Sanctions (IRS) or from a criminal conviction under the Criminal Code of Canada.
Complete All Reinstatement Conditions
Once your suspension period is over, you must meet all the conditions required by Alberta Transportation or the court.
- Pay all outstanding fines and penalties related to your impaired driving offence.
- Complete required programs, such as:
- Planning Ahead (for first-time offenders)
- IMPACT (Impacts of Impaired Driving) (for repeat offenders)
- Install an Ignition Interlock Device if ordered by the court or required for early reinstatement.
Participation in the Ignition Interlock Program may allow some drivers to regain limited driving privileges before the full suspension ends, but eligibility must be confirmed through Alberta Transportation.
Obtain the Required Paperwork
Before visiting a registry, make sure you have all the necessary documents in hand.
- You may need a Reinstatement Authorization Letter, available from Alberta Transportation once all other conditions are confirmed.
- Bring valid government-issued photo ID.
- Ensure you have proof of course completion and, if applicable, proof of Ignition Interlock installation.
It’s a good idea to contact your local Registry Agent beforehand to confirm what documents are required for your specific case.
Visit an Alberta Registry Agent
The final step is to visit any Alberta Registry Agent in Calgary to complete your reinstatement.
- Submit your documents, including your Reinstatement Letter (if applicable), ID, and proof of program completion.
- Pay all applicable fees, including reinstatement and driver’s licence fees.
- You may be required to take:
- A vision test
- A knowledge test
- A road test, especially if your licence has been expired or suspended for an extended period
Your Class 5 driver’s licence may be issued the same day if all requirements are met and your status is cleared by Alberta Transportation.
Special Cases and Additional Considerations
Suspensions Over One Year
If your licence has been suspended for more than 12 months, Alberta Transportation may require you to undergo driver retesting before reinstatement.
- This typically includes a knowledge test and vision screening.
- In some cases, a road test may also be required to ensure you are still competent behind the wheel.
Being prepared for this retesting can help prevent delays during your reinstatement process.
Suspensions Over Three Years
If your driver’s licence has been suspended for three years or longer, you may be required to restart the licensing process from the beginning.
- This means applying as if you are a new driver in Alberta:
- Passing the Class 7 knowledge test
- Completing a graduated licencing program, depending on your age and driving history
- You may lose any previous licensing class upgrades (e.g., Class 1 or 3) unless you meet all renewal requirements
This is especially important for commercial drivers or those whose livelihood depends on their licence status.
Restricted Driver’s Licence (Ignition Interlock Program)
For some drivers, early reinstatement may be possible through Alberta’s Ignition Interlock Program.
- This restricted licence allows you to drive a vehicle equipped with an approved ignition interlock device, which requires a breath test before the engine will start.
- Eligibility for this program depends on:
- The nature and severity of the offence
- Completion of any required education or treatment programs
- Legal approval through Alberta Transportation and/or the court
If approved, you may be able to drive under strict conditions even before your full suspension period ends. A Calgary criminal defence lawyer can help you apply for this program and ensure all conditions are met.
The Role of a Calgary DUI or Criminal Defence Lawyer
Explaining Your Rights and Reinstatement Conditions
A qualified lawyer can help you fully understand your legal rights following a suspension. They will also:
- Clarify your obligations under the Criminal Code of Canada and Alberta’s Immediate Roadside Sanctions (IRS) program
- Ensure that you know what courses, documents, and fees are required before you can apply for reinstatement
- Guide you through legal terminology and prevent mistakes that could delay your application
Assisting with Appeals and IRS Reviews
If you believe your suspension was issued in error or if your Charter rights were violated, a defence lawyer can help you appeal the decision.
- You may be able to request a review of your IRS penalty through SafeRoads Alberta
- For criminal convictions, a lawyer can assist with appealing the verdict or sentence through the Alberta Court of Appeal
- Legal counsel will help ensure that deadlines are met and your appeal is supported by strong arguments and evidence
Negotiating Participation in the Ignition Interlock Program
A defence lawyer can assist in negotiating early reinstatement through the Ignition Interlock Program, if you are eligible.
- They’ll ensure all application requirements are met, including documentation and proof of education course completion
- A lawyer can also communicate with the court or prosecutor’s office to support your request for participation in the program
- This can be especially helpful for individuals who rely on driving for work, school, or family obligations
Ensuring Legal Compliance and Avoiding Further Penalties
Failure to follow the proper steps during the reinstatement process could lead to additional legal trouble, including fines, extended suspensions, or even new criminal charges.
- Your lawyer will ensure your paperwork, timelines, and legal obligations are properly managed
- They will also advise you on how to stay compliant with interlock conditions, court orders, and registry requirements to protect your driving privileges going forward
Impact on Insurance and Driving Record
Higher Insurance Rates After Impaired Driving
An impaired driving conviction will significantly increase your auto insurance premiums.
- Most insurance providers in Alberta will classify you as a “high-risk” driver
- Your premiums can double or even triple, depending on your insurer and driving history
- Some providers may cancel your policy altogether, requiring you to obtain coverage through facility insurance—which is often far more expensive
Expect these higher rates to last for at least three to five years after your conviction.
Long-Term Effect on Driving Record
Impaired driving convictions remain on your Alberta driving record for several years.
- In most cases, the conviction stays visible for 10 years under the Alberta Traffic Safety Act
- This record can impact not just your insurance rates, but also employment opportunities that require a clean driving history
- Commercial drivers and those with specialized licences (Class 1, 3, etc.) may face licensing restrictions or additional monitoring
A permanent criminal record may also affect your ability to travel internationally, particularly to the United States.
The Importance of Driving Responsibly Post-Reinstatement
Once your licence is reinstated, it’s crucial to avoid repeat offences.
- A second impaired driving charge will carry even more severe penalties, including longer suspensions, mandatory jail time, and extended interlock periods
- Practising safe and sober driving not only protects you legally but also helps rebuild your driving record over time
- Consider using designated drivers, ride-share services, or public transit when consuming alcohol
Being proactive and responsible post-reinstatement will reduce your risk of further legal trouble and may eventually help lower your insurance rates.