How Long is Your License Suspended for a DUI in Alberta?

The term “DUI” applies to impaired driving, driving over 0.08 and refusing to provide a smaple of breath. If you are stopped by police and found to be over the legal blood-alcohol concentration (BAC) for operating a vehicle in Alberta, the sanctions begin immediately. Even if you are close to the legal limit, an immediate suspension may apply. 

For those who blow over 0.08, an immediate 90-day administrative license suspension will be imposed by the Alberta Transportation Safety Board. There are no exceptions. Even if the criminal charge is later dropped, you will need to wait out the administrative suspension before you can reinstate your license and legally drive again in Canada, unless you appeal it.

If a driver is convicted of DUI in Alberta, an additional concurrent one-year driving disqualification will be imposed by the court under the Criminal Code of Canada. This is a mandatory suspension but some offenders may be able to drive again on a restricted licence after serving some of their driving disqualification.

Here’s what else you need to know about license suspensions in Alberta…

Who receives an administrative license suspension in Alberta?

The 90-day Alberta Administrative License Suspension (AALS) is sometimes referred to as an Immediate Roadside Sanction (IRS).

Under the Traffic Safety Act, this suspension will be applied immediately after the Notice of Administrative Penalty has been issued by law enforcement to anyone pulled over for impaired driving and:

• Found to violate the federal legal limits for alcohol, cannabis or a combination of both
• Found to have consumed illegal drugs
• Refused to provide a breath/fluid sample to a police officer

For first offenders, an immediate 90-day, no-driving license suspension is imposed on the accused.

Even if a driver blows under the legal limit, WARN penalties may be issued if blood alcohol concentrations are registered at between 0.05 and 0.079 or if the driver fails drug and alcohol sobriety tests.

A first occurrence results in an immediate three-day driver’s licence suspension and vehicle seizure (plus fines). A second occurrence results in an immediate 15-day driver’s licence suspension, seven-day vehicle impoundment, and fines. A third occurrence means an immediate 30-day driver’s licence suspension, a seven-day vehicle seizure, plus fines.

Can you get your licence back before your court hearing?

It may be possible to get your licence back before your court hearing and drive legally again if there is a delay with your court appearance. However, most appearances are within a month of being charged, so there is insufficient time to get your license back.

To drive legally after an administrative license suspension. you will either need to serve the suspension and reinstate your license or successfully appeal the suspension. 

For administrative suspensions under the Immediate Roadside Suspension regime, you have 7 days to file for a Review. After you file for a review, a decision will be made within 30 days. It is important you hire an experienced DUI lawyer to help with this process. 

To appeal, you’ll need to file the paperwork or submit an oral appeal and pay the fee.. 

How long is the license suspension after a DUI conviction in Alberta?

For first-time offenders convicted of impaired driving, a mandatory one-year driving disqualification will be imposed by the court under the Criminal Code of Canada. This will run concurrently with the provincial administrative suspension.

The only alternative to accepting the full one-year suspension is to apply to participate in the Alberta Ignition Interlock Program (see details below) and agree to take courses with the Alberta Motor Association (AMA) including the AMA Planning Ahead Course and IMPACT Course.  

Unless you are accepted for participation in the program, you will be suspended for a full year plus the time you’ve already been suspended under the AALS. Remember, driving while disqualified by the criminal court anywhere in Canada can lead to further criminal penalties in Alberta.

Even if you are accepted for the programs and courses, you will need to wait out some of the disqualification period and accept that you cannot drive until approved—and only then with restrictions.

What if I’m found “not guilty”?

If you win the criminal case against you for driving over .08, your license is not immediately or automatically reinstated because the Alberta Administrative Licence Suspension is generally still running when your criminal case is resolved. 

The administrative suspension still applies whether or not you’re convicted at the criminal trial. 

To avoid the full 90-day suspension, you’ll need to apply to appeal the administrative suspension against you as soon as you are charged. This will protect your right of appeal. Next, speak to a qualified DUI lawyer to see if you should proceed with the appeal, depending on the outcome of the criminal case.

What is the Ignition Interlock Program and how does it impact driver’s license suspensions?

The Ignition Interlock program is available to some people convicted of impaired driving or driving with a BAC over .08, allowing DUI offenders to drive under a suspended license or driving disqualification.

Successful applicants can operate their vehicle as long as they pay for an ignition interlock device (IID) to be fitted to their vehicle. The IID is an in-car breathalyzer that locks the engine if any alcohol is detected with breath tests.

If successful, you can legally drive your vehicle for the remainder of your suspension but bear in mind that applications to be accepted into the program can take up to 30 days before approval is received. During this period, you’re not allowed to drive under any circumstances.

Also, bear in mind that the program incurs significant fees totaling over $700 (plus monthly charges), for which the driver is liable.

How do you get your license back after suspension?

An experienced DUI or criminal defence lawyer can help you get your license back in Alberta, handling both the appeal against the administrative suspension and the criminal defence case.

The main aim is to limit the negative consequences for your future as a result of a DUI and to limit the inconvenience of having your driving privileges removed.

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.