FAQs
What Is the Minimum Penalty for a First Offence of Impaired Driving in Alberta?
The impaired driving laws in Alberta are harsh but, under new laws passed in December 2020, some leniency is shown toward first-time offenders unless criminal charges apply.
At the same time, immediate roadside license suspensions—even if no criminal penalties apply—are often a bitter pill to swallow for drivers suspected of impaired driving for the first time and found guilty at the roadside without independent proof.
The minimum applicable penalties for a first-time impaired driving offence depend on the class of licence the driver has and the blood alcohol concentration (BAC) level but repeat offenders are nearly always treated more harshly in Alberta.
What are the minimum penalties for a first offence under the new DUI laws in Alberta?
In Alberta, there is no such offense as “DUI”. Instead, there are three main offences related to driving under the influence of alcohol:
- Impaired driving: this offence is committed when a person’s ability to operate a motor vehicle is impaired by alcohol or drugs.
- Driving over the legal limit (0.08): this offense is committed when a person operates a vehicle while their BAC is over 80 milligrams of alcohol per 100 milligrams of blood
- Refusal to provide a sample: this offence is committed when a police officer has requested a sample of breath and the person fails to comply.
The penalties for a first offence for any of the above should be considered within the framework of the Immediate Roadside Sanction (IRS) program, which has changed how DUIs in Alberta are processed by law enforcement in recent years.
Penalties for impaired driving may be applied under the Traffic Safety Act with no criminal charges applied. Conversely, for more serious cases, the courts can impose further penalties if criminal charges are pressed.
Impaired driving first offence (WARN)
Firstly, all drivers suspected of being impaired by alcohol or drugs are subject to a 24-hour driver’s licence suspension.
The additional penalties you could face under the Traffic Safety Act depend on the blood alcohol concentration you register.
If your BAC is between 0.05 and 0.079 or you fail drug and alcohol sobriety tests, you will receive immediate WARN penalties as follows:
- An immediate three-day driver’s licence suspension (unable to drive under any circumstances)
- A 3-day vehicle seizure
- A $300 fine plus a victim fine surcharge of 20 percent
The licence suspension begins as soon as the administrative penalty is issued by law enforcement. This means that you cannot drive home even if you are below the legal limit. In other words, your licence is suspended if you are merely suspected of impaired driving to any degree.
Over the limit first offence (FAIL)
If your BAC is 0.08 or more, you fail or refuse drug and alcohol testing or you fail drug recognition tests, you will receive FAIL penalties under the Immediate Roadside Sanctions program.
The first stage of this is an immediate two-stage, fixed-term driver’s licence suspension:
- 90 days where you are unable to drive under any circumstances.
- A further 12-month suspension where the only way you can legally drive is to participate in Alberta’s Ignition Interlock Program (driving a vehicle fitted with a breathalyzer device).
Note that the licence suspension can be appealed—and in many cases, it is in your interests to do so. However, you will need to work quickly with your impaired driving lawyer as you only have seven days after the suspension has been issued.
In addition to the license suspension, the following penalties will also apply for an over-the-limit first offence:
- Mandatory completion of the Planning Ahead course.
- 30-day vehicle seizure.
- $1,000 fine plus victim fine surcharge of 20 percent
Bear in mind that the above penalties are imposed under the Traffic Safety Act and are, therefore, not criminal penalties. In many cases where the driver’s BAC is over the legal limit, criminal charges will also follow, resulting in additional penalties if the defendant is convicted.
Novice and commercial driver penalties
Novice drivers are subject to a zero-tolerance standard used in Alberta for inexperienced drivers operating a vehicle under the influence of alcohol or drugs. This includes drivers with a Class 7 learner’s licence or a Class 5-GDL licence category.
If the police have reasonable grounds that the driver has been drinking, the penalties include a three-day license suspension, a three-day vehicle seizure, and a $300 fine plus a 20-percent victim’s surcharge for a first offence.
Similar rules apply to drivers of commercial vehicles for whom there is a zero-tolerance policy in Alberta. Anyone with a Class 7 or a GDL license who is suspected of operating a vehicle with any alcohol or controlled substance in their system will see their license suspended for three days and a $300 fine plus a surcharge payable.
Can a DUI first offence result in jail time in Alberta?
Repeat DUIs show a pattern of high-risk driving behaviour and jail time is a real possibility for these offenders. For a first offence, however, where there are no aggravating circumstances, jail time is extremely rare.
On the plus side, for anyone stopped and suspected of impaired driving, the Immediate Roadside Sanctions Program means that penalties for drivers don’t necessarily lead to criminal charges.
However, many drivers complain that no definitive proof is required and no chemical test is needed. A simple allegation by a police officer is sufficient and the penalties apply without any judicial determination of guilt in court. You are, in effect, guilty until proven innocent.
Often, an experienced impaired driving lawyer can help reduce the impact of the incident on your immediate and longer-term future through the appeal or criminal defence process.
To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.