A DUI conviction in Alberta can saddle you with a lifelong criminal record that affects many aspects of your life.
That’s why fighting impaired driving or over .08 charges should be a priority not only to avoid fines, a license suspension, and potential jail time—but also to protect your future.
Here’s what else you need to know about the potential effects of a DUI in Alberta…
How long does a DUI remain on a criminal record?
“DUI” is not a term used in the Canadian Criminal Code but any driver convicted of impaired driving or operating a vehicle with a blood alcohol concentration (BAC) over 0.08 (the legal limit) faces severe punishments.
Just how severe—and whether you face criminal or administrative penalties—depends on your Blood Alcohol Concentration (BAC) level at the time you’re stopped and whether it is a first or subsequent offence.
Under the changes to the DUI laws that took effect in December 2020 in Alberta, immediate roadside sanctions apply to any impaired driver with a BAC of 0.05 or above and anyone with a reading of over 0.08 will face criminal penalties.
Under the current laws, a driver who is suspected of being impaired for the first time receives administrative rather than criminal penalties. But those accused of a second or subsequent offence and any drivers who register a reading of 0.08 or over will be charged criminally and face a lifelong criminal record.
While sympathy for drunk driving is in short supply from the criminal justice system in Alberta, a skilled DUI lawyer can often mitigate the consequences for the future even if you exceed the legal blood-alcohol limit.
Criminal penalties under the Immediate Roadside Sanction (IRS) program
The IRS program is designed as an “early intervention” program to prevent drunk-driving accidents on Alberta’s roads. All drivers penalized under the program are subject to a 24-hour driver’s licence suspension.
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
Importantly, though, drivers accused of first-time impaired driving are not charged criminally. However, a second or subsequent offence within 10 years can lead to criminal charges and a lifelong criminal record if convicted.
Anyone with a BAC reading of 0.08 or over faces criminal penalties for a FAIL under the Immediate Roadside Sanctions program. The following penalties may apply to a conviction for a first offence:
- An immediate two-stage, fixed-term driver’s licence suspension of 90 days plus 12 months
- Mandatory completion of the Planning Ahead course
- 30-day vehicle seizure
- $1,000 fine plus victim fine surcharge of 20 percent
The long-term effects of a criminal record can be even more severe than the immediate penalties…
Potential long-term consequences of a criminal record
The immediate penalties associated with a DUI conviction in Alberta will impact your finances and driving privileges; the longer-term consequences of a criminal record can impact your livelihood, insurance, immigration status, international travel, and insurance premiums.
Biographical information of defendants and the details of their arrest, charge, and conviction will appear on the Canadian Police Information Centre (CPIC) system. This is a large database that provides authorized users with access to criminal record information.
Even if you are not convicted of DUI, the details of the arrest and charge will still be visible to authorized users, along with fingerprint records. Potential employers, voluntary work organizations, customs at the U.S. border, Canadian immigration officials or other interested parties who run background checks will be able to view your criminal record details.
Can a DUI be removed from my criminal record in Alberta?
A DUI usually stays on your record and is visible to the RCMP and local police for life (at least 80 years) but there is some hope for those in this situation.
The law recognizes that, for some people, an impaired driving arrest or over 0.08 conviction is the only time they have a scrape with the criminal justice system in their lives—they never re-offend. So, criminal records can be removed if you meet certain requirements and take the right steps.
In fact, DUIs are among the most pardoned offences in Canada. Obtaining a DUI pardon (now more accurately called a “record suspension”) requires an application with the Parole Board of Canada.
If successful, your DUI criminal record will be sealed. This means that it is effectively hidden on the database, no longer accessible in criminal background checks, and only visible to Canadian law enforcement authorities and Crown Prosecution attorneys, who retain the right to share this information with law enforcement agencies overseas.
All DUIs are eligible for record suspension in Canada for individuals who have completed their sentence, paid all fines, and waited the mandatory waiting period of five or ten years, depending on how the courts handled your DUI charge (summarily or by indictment).
If, however, you have committed more than one criminal offence or have committed new offences since the DUI, the likelihood of being denied a record suspension request increases.
The best way to avoid a criminal record is to not get convicted of impaired driving or operating a vehicle over .08 in the first place.
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.
