What happens when I am charged with a DUI?

DUI is a common term that refers to impaired driving, driving over 0.08 and refusing to provide a sample of breath. The consequences of being charged with one of these offences are immediate and severe. Under legislation enacted by the Alberta government, a person accused of DUI is considered guilty until proven innocent and the punishment begins the moment they are charged.

The Alberta Administrative License Suspension (AALS) program applies to all drivers, including those in the Graduated Driver Licensing Program, who have:

• Blood alcohol concentration over .08
• Blood drug concentration over 2 nanograms of THC per millilitre of blood
• Combination of 50 milligrams of alcohol per 100 millilitre of blood + 2.5 nanograms or more of THC per one millilitre of blood.
• Refused or failed to provide a breath or fluid sample.

All drivers who fall into one or more of the four categories are subject to the following sanctions:

• Immediate 90 day license suspension
• Immediate 3 day vehicle seizure (7 day for a subsequent occurrence)
• Mandatory remedial education
• One year participation in the Ignition Interlock Program

Any driver who refuses to participate in the Ignition Interlock Program will be suspended from driving for the year. These significant penalties are in addition to any sentences imposed by a Judge upon conviction of the criminal charges. Remarkably, even if you are found not guilty of the DUI offences, the provincial penalties still apply.

The Ignition Interlock Program is onerous and costly. The approximate costs are as follows:

• $145 plus GST for the ignition interlock device installation (there is an additional $100 surcharge for heavy trucks and specialty vehicles);
• $95 plus GST per month for the rental of the ignition interlock device;
• $63 for the Ignition Interlock Program Application, in addition to the Alberta Registry Agent fee.
• $50 plus GST for removal of the ignition interlock device;

About Cory Wilson

Cory has represented individuals from all walks of life including lawyers, police officers, athletes, corporate executives, teachers, and everything in between. Cory believes in access to justice for every person charged with a criminal offence regardless of their economic background.