Traffic Lawyer Calgary

DUI and DWI Law in Alberta

In Alberta, Canada, the legal terms used for impaired driving offences are DUI (Driving Under the Influence) and DWI (Driving While Impaired). Both terms refer to the act of operating a motor vehicle while under the influence of alcohol, drugs, or any other substance that impairs one's ability to drive safely.

Here is some information about DUI and DWI laws in Alberta:

Types of Tickets in Alberta

In Alberta, your ticket may specify a fine/penalty or not. In both cases, a no-show at the court will lead to further consequences, such as additional fines or demerit points. Tickets that do not state a fine tend to have more serious penalties depending on the situation. If you do not attend court on the specified date, this can lead to a possible arrest.

Blood Alcohol Concentration (BAC) Limits

The legal limit for blood alcohol concentration (BAC) in Alberta is 0.08. If a driver's BAC is found to be 0.08 or higher, they can be charged with DUI or DWI.

Immediate Roadside Sanctions (IRS)

Alberta has implemented an Immediate Roadside Sanctions (IRS) program, which imposes administrative penalties for drivers with a BAC between 0.05 and 0.08. Under the IRS program, drivers may face immediate licence suspensions, vehicle seizures, fines, and mandatory education programs, even without a criminal conviction.

Criminal Charges and Penalties

If a driver's BAC is 0.08 or higher, they can be charged with a criminal offence of DUI or DWI under the Criminal Code of Canada.

Convictions for impaired driving offences can result in penalties such as fines, licence suspensions, mandatory participation in education programs, mandatory installation of an ignition interlock device, increased insurance premiums, and even imprisonment, depending on the circumstances of the case and any previous convictions.

Testing Procedures

Law enforcement officers in Alberta have the authority to request a breath, blood, or urine sample to determine a driver's BAC or drug impairment.
Refusing to comply with testing requests can lead to immediate licence suspensions and other penalties.

Ignition Interlock Program

Alberta’s Ignition Interlock Program requires that drivers convicted of a DUI or DWI offence install what is known as an ignition interlock device in their vehicle. This device will measure the driver’s blood alcohol concentration level, and will disable the vehicle’s ignition system, preventing the car from starting, if any alcohol is detected by the interlock device.

New Roadside Sanctions in Alberta

Alberta's Immediate Roadside Sanctions (IRS) is a program implemented to address impaired driving offences and promote road safety. The IRS program focuses on deterring and penalising drivers who operate a vehicle under the influence of alcohol or drugs.

Here are some key aspects of Alberta's Immediate Roadside Sanctions:

1. Automatic Licence Suspension: If you are stopped by law enforcement and your blood alcohol concentration (BAC) is found to be between 0.05 and 0.08, you will face an immediate licence suspension. The duration of the suspension depends on the number of prior offences:
   1. First offence: Immediate 3-day licence suspension.
   2. Second offence: Immediate 15-day licence suspension.
   3. Third and subsequent offences: Immediate 30-day licence suspension.
2. Second offence: Immediate 15-day licence suspension.
3. Third and subsequent offences: Immediate 30-day licence suspension.
4. Vehicle Seizure: Along with the licence suspension, your vehicle may be seized and impounded for the duration of the suspension period at your expense.
5. Fines and Administrative Penalties: In addition to the licence suspension and potential vehicle seizure, you may also face financial penalties, such as fines and fees, associated with the IRS program.
6. Mandatory Education Programs: Depending on the number of prior offences, you may be required to complete an education program aimed at addressing impaired driving behaviours and promoting responsible driving habits.
7. Ignition Interlock Program: For individuals with multiple impaired driving offences, participation in the Ignition Interlock Program may be required. This program involves installing an ignition interlock device in your vehicle, which requires a breath sample before the vehicle can be started.

It's important to note that Immediate Roadside Sanctions are separate from the criminal court process for impaired driving offences. They are administrative penalties administered by Alberta Transportation and can occur even if you are not convicted of a criminal offence.

Self-Representation in Court

Depending on the severity or the type of penalty you receive on your ticket, you may decide to self-represent or enlist the help of a traffic lawyer. You may opt to fight a traffic ticket yourself if the ticket hasn’t been issued to you personally or in cases where the driver is unidentified. Examples could include parking tickets or tickets not issued directly by a police officer (e.g. photo radar tickets for speeding or red light violations).