How Do I Get My License Back After a DUI in Alberta?

If you are stopped, charged, and convicted of DUI in Alberta, you will be subject to two separate sanctions that take away your driving privileges: an administrative license suspense of 90 days and a court-imposed disqualification from driving for one year (for a first offence).

After the suspension/disqualification is served, your driver’s licence is not automatically reinstated. Conditions will be attached to the reinstatement and you will need to take steps to address these conditions before you can drive legally again anywhere in Canada.

For the longest suspensions, you’ll even need to start again as a new driver and reapply for your license.

Here’s how you get your license back after a drink-driving conviction…

Steps for license reinstatement depend on the length of suspension

In Alberta, the steps you need to take to get your license back depend on the length of the disqualification from driving:

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

Administrative suspension vs criminal disqualification

With a drunk-driving-related offence, drivers receive an immediate administrative suspension of 90 days under the Traffic Safety Act. This is a mandatory suspension with no exceptions.

The only way to get your license back during this time is to appeal the decision. To do this, you must submit an application for Review within 7 days of the offence. This only occurs if you receive a Notice of Administrative Penalty (NAP), which is not criminal.  

If the Review is successful, the license suspension will end. If not, you will need to serve the full 90-day suspension.

A criminal case against you may proceed at the same time that you appeal your license suspension If you have no prior DUI convictions in the previous 10 years and plead guilty or are found guilty at trial of driving over the legal limit, a one-year driving disqualification will be imposed by the Alberta courts under the Criminal Code of Canada.

Can I get my license back through the Ignition Interlock Program?

The only way you can drive legally before the end of the one-year disqualification period is to apply to participate in Alberta’s Ignition Interlock Program. You may be eligible to apply for this program after serving some of your suspension or disqualification (usually 90 days).

An ignition interlock device (IID) is an in-car blood alcohol screening device that prevents the operation of a motor vehicle if a driver’s blood alcohol is over a pre-set limit. The driver must also provide random samples of breath after the vehicle is operated.

If you are accepted to the program, you can operate your vehicle as long as you agree to fit an IID in your vehicle—and pay for it. The program incurs significant costs amounting to over $700 in program fees and installation fees, as well as a monthly monitoring fee.

What happens if I drive without a licence in Alberta?

Driving is considered a privilege, not a right in Canada. If this privilege is removed, the decision must be respected to avoid other negative consequences.

It is unlawful to drive a vehicle anywhere in Canada while your license is suspended or you are disqualified from driving in Alberta. 

Doing so can result in serious criminal charges, such as driving while disqualified or driving while unauthorized.

If you are stopped and found to have no valid licence, your vehicle will be seized and impounded for 30-60 days. You may also face further driving suspension and fines.

The best way to get your license back in Alberta

An experienced DUI lawyer can help you get your license back as soon as possible in Alberta. 

It is important to appeal the immediate suspension and also challenge a criminal DUI charge, as a conviction could lead not only to a one-year suspension but other long-term consequences relating to your criminal record.

A DUI lawyer can limit the negative impact on your future as well as the inconvenience of not being able to drive.

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.