What Happens When You Get a DUI for the First Time in Alberta?

Whether you’ve been charged with DUI and need to know what could happen if you’re convicted or you want to be prepared if you’re stopped while driving home after a drink, it’s essential to understand the impaired driving laws and potential penalties in Alberta.

It is illegal to operate a motor vehicle in Alberta while your ability to do so is impaired by alcohol, drugs or a combination of both. While some leniency is afforded to first-time offenders in Alberta, simply accepting accusations of impaired driving is hardly ever a good option. 

Because of the potentially harsh future consequences, it’s often best to seek advice from a seasoned DUI lawyer to understand your legal options and protect your rights—but the following should tell you much of what you need to know…

First Offence DUI in Alberta

DUI laws in Alberta are governed primarily by the Criminal Code of Canada and the Traffic Safety Act.

Under new DUI laws introduced in 2020, the Immediate Roadside Sanctions program gives police officers the power to issue tickets and immediate administrative penalties if they believe individuals are driving under the influence of drugs or alcohol.

Impairment can be established by breathalyzer tests, field sobriety tests, and observations by law enforcement officers. 

While this may avoid criminal penalties for a first-time offender—which is good news—criminal charges can still follow in some circumstances. A conviction can mean fines, licence suspensions, mandatory education programs, and even jail time.

Even if no criminal charges apply, individuals face a roadside license suspension, vehicle seizure, and fines—even if there is no definitive proof of impairment. The administrative penalties are issued on the opinion of law enforcement officers and can often be challenged.

Under the Immediate Roadside Sanctions program, four types of Notice of Administrative Penalty tickets may be issued by law enforcement. The penalties for first-time offenders are detailed below but it should be noted that these penalties increase dramatically for repeat offences.

IRS: FAIL 

An IRS: FAIL is issued if your blood alcohol concentration (BAC) is 0.08 or higher or if you fail or refuse drug and alcohol testing. This will result in:

• An Immediate 2-stage, fixed-term driver’s licence suspension: 
  • 90 days where you cannot drive under any circumstances.
  • Additional 12-month driver’s licence suspension where you can drive for part of that suspension if you participate in an Ignition Interlock Program, which requires an in-vehicle breathalyzer device to be fitted to the vehicle you drive.
• 30-day vehicle seizure.
• $1,000 fine plus 20% victim surcharge.

IRS: WARN

If your BAC is between 0.05 and 0.079 or if you fail drug/alcohol sobriety tests, you will receive an IRS: WARN notice. This will result in the following penalties for first-time offenders:

• An Immediate 3-day driver’s licence suspension.
• A 3-day vehicle seizure.
• $300 fine plus victim surcharge of 20%.

IRS: ZERO

IRS: ZERO notices are issued to novice drivers and commercial vehicle operators who operate under a zero-tolerance policy for alcohol and drugs. 

If law enforcement suspects that a diver has breached these laws, it can result in immediate driver’s licence suspension, vehicle seizure, and fines for first-time offenders.

For commercial drivers:

• An immediate 3-day driver’s licence suspension.
• $300 fine plus a 20% victim surcharge.

For novice drivers:

• An immediate 30-day driver’s licence suspension.
• A 7-day vehicle seizure.
• $200 fine plus a 20% victim surcharge.

IRS: 24-Hour

IRS: 24-HOUR is an immediate roadside 24-hour license suspension for anyone suspected of being impaired by alcohol, drugs or a medical condition affecting their ability to drive safely.

Can you appeal roadside penalties?

Even with no criminal charges, the administrative penalties issued at the roadside to alleged first-time offenders in Alberta can have a severe impact on defendant’s lives.

To appeal a Notice of Administrative Penalty and dispute the allegations, you must apply for a review within seven days of receiving the Notice.

Because of the limited window and the challenges involved in refuting the evidence from law enforcement, it is advisable to seek the assistance of a DUI lawyer to help present your case. A decision is made within 30 days after evidence has been represented by both sides.

Can a first-time offender still be charged criminally?

In certain circumstances, the Crown prosecutors will become involved and press criminal charges for alleged impaired driving/DUI in Alberta. This is more common for repeat offenders but can still apply to first-time offences.

If, for example, a driver who is adjudged to be impaired causes an accident that leads to property damage or injury, criminal charges may be pursued.

In such cases, it is essential to speak to a suitably qualified criminal defence lawyer as soon as possible. A DUI conviction can have long-lasting consequences due to the resultant permanent criminal record, which can affect travel, employment, housing, immigration status, insurance rates, and more.

If you’re charged criminally for a DUI in Alberta, a seasoned impaired driving lawyer can help you present a defence that questions law enforcement’s version of events or identifies flaws in the Crown’s prosecution. This may prevent harsh future consequences…

Call us to arrange a confidential consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.