Do You Get Your Licence Back After 90-Day Suspension in Alberta?

Under the Immediate Roadside Sanctions (IRS) program in Alberta, drivers who have consumed alcohol or drugs and are over the limit or impaired while operating a vehicle (IRS: FAIL) will receive an automatic 90-day administrative penalty under the Traffic Safety Act.

Your license is not automatically reinstated after the 90-day suspension. When and how you get your license back and the terms under which you can drive again depend on several factors that we consider below.

What happens to driving privileges after a first-offense DUI in Alberta?

If you are stopped by law enforcement and record an IRS: FAIL in Alberta (i.e., you blow over the legal limit of 0.08), this is a criminal-level offence. You won’t necessarily end up with a criminal charge and the courts may not be involved at all—but your driving privileges will be removed immediately nonetheless.

Under the Immediate Roadside Sanctions program for impaired driving, you will receive a Notice of Administrative Penalty from law enforcement at the roadside. This will detail the length of time for which your licence will be suspended, the fine amount, and the duration of the impoundment of your vehicle (at least 30 days).

After the police release you, a 90-day provincial driving suspension imposed by the Alberta Transportation Safety Board (ATSB) will take effect immediately. This is a mandatory suspension and there are no exceptions. During this time, you will not be able to drive any vehicle—unless you successfully get the decision reversed through a review of your suspension by SafeRoads Alberta or through a judicial appeal. 

A reversal of the suspension on appeal is quite rare. However, it is generally worthwhile to challenge the suspension to “buy time” and discover more information about the evidence against you, which is essential if a criminal trial should follow. An appeal must generally be launched within seven days of receipt of the Notice of Administrative Penalty.

What happens after the immediate 90-day suspension expires?

Once the 90 days expire, your licence will be suspended for an additional year for a first offence IRS: FAIL. 

The only way you can legally drive during this period is if you consent to have an ignition interlock device installed in your vehicle. This is an in-car breathalyzer that locks the engine unless the driver blows a zero reading on the device, which also requests random breath tests during each journey. It should be noted that there are significant costs associated with installing and maintaining these devices—for which the offender is liable.

For a second offence, drivers face a 36-month license suspension after the immediate 90-day suspension during which they may be able to drive with an interlock device. For a third or subsequent offence, a lifetime license suspension is possible.

These penalties apply regardless of whether the driver is criminally charged with an offence. Criminal charges are more likely if the driver has a history of DUI offences, someone was injured or killed in an accident, or a hit and run occurred.

How do I get my license reinstated in Alberta?

After administrative suspensions or driving disqualifications are served in Alberta, driver’s licences are not automatically reinstated. This surprises some people and can cause further legal issues.

Conditions are often attached to the reinstatement of a license. You must take steps to address these conditions before you can drive legally again anywhere in Canada. Driving while suspended or disqualified could result in additional driving suspensions, another vehicle seizure, and further fines.

The steps you need to take to get your license back depend largely on the length of the disqualification from driving:

• For a license suspended for less than one year: you must simply pay the appropriate fee to get your license reinstated.
• For a license suspended for more than one year but less than three: you will need to take and pass a basic road test to have your previous class of licence reinstated.
• For a license suspended for over three years: all previous driving credits are lost and you must reapply for a licence as a new driver.

You may also need to provide evidence that you have completed any required programs (such as defensive driving or alcohol education courses) and settle any outstanding fines or penalties before reinstatement of your license is possible.

Why are criminal charges not pursued for DUI in Alberta?

The Immediate Roadside Sanctions program is intended to deter people from drunk driving and prevent accidents while also relieving some of the pressure on the overworked court system in Alberta.

Under the terms of the Provincial Administrative Penalties Act (PAPA), criminal charges will only be pursued in cases with aggravating factors or involving repeat offenders. This keeps many relatively minor impaired driving cases from taking up valuable court time while strong deterrents still exist for drunk driving through administrative suspensions, fines, and vehicle impoundments.

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.