Driving when drunk is hazardous to your health and future. It also puts other drivers at serious risk.
In Alberta and throughout Canada, the way to determine whether you are legally driving under the influence is to measure the blood alcohol concentration (BAC) in your bloodstream via a breath or blood test.
The legal limit for a fully licensed driver is 0.08. That means 80 milligrams of alcohol per 100 millilitres of blood. However, even if your BAC is lower than 0.08, you can face provincial sanctions beginning at just 0.05 BAC. That is why you need the knowledgeable guidance of a skilled DUI defence lawyer when you are pulled over for driving under the influence.
The Legal Blood Alcohol Limit
Whether in Edmonton or elsewhere in Alberta, the approach to DUI cases involves a dual system of federal and provincial law. This layered enforcement system helps promote road safety and deter impaired driving.
At the federal level, the legal BAC limit is 0.08, and you will face criminal charges under the Criminal Code of Canada for impaired driving if your BAC is at that level or above. The penalties are potentially severe.
In addition to criminal charges, strict penalties for driving with a blood alcohol concentration (BAC) above 0.08 have been enacted at the provincial level. Further, Alberta has implemented even more stringent administrative limits and imposes penalties for drivers with a BAC between 0.05 and 0.079. Even if it doesn’t result in criminal charges, this lower threshold triggers immediate penalties that include roadside suspension of your driving privileges.
If you are a new driver in Alberta with a Graduated Drivers Licence (GDL), there is zero tolerance for any level of alcohol in your bloodstream. Any detectable amount of alcohol will result in instant penalties.
Mandatory Alcohol Screening
Keep in mind that the implementation of MAS (Mandatory Alcohol Screening) in Alberta means that police are authorized to request a BAC screening test of any operator of a motor vehicle, regardless of whether there are signs of impairment or not. There is no need for reasonable suspicion that you were drinking.
The goal of the national MAS measure, which was implemented in 2018, was to help detect and deter impaired driving. The number of drivers who faced DUI charges in Canada increased by 19% in 2019, while the number of drunk driving incidents that resulted in death dropped by a record 38%. Clearly, MAS had an immediate, positive impact.
What are the consequences of exceeding the legal blood alcohol limit?
If you exceed the blood alcohol limits in Alberta, the consequences can be severe and include both federal criminal penalties and provincial administrative sanctions. The specific penalties depend on your BAC level, whether this is your first offence or a repeat offence, and other factors, including whether you caused an accident or injury.
Federal Criminal Penalties (BAC 0.08 and above)
When your BAC is 0.08 or higher, you will face federal criminal charges under the Criminal Code of Canada. The penalties for these offences are severe and include:
- Costly Fines: A mandatory minimum fine of $1,000 applies for a first offence.
- Driving Prohibitions: If you are found guilty of a first offence, you will be prohibited from driving for a minimum of one year. For a second offence, the penalty increases to two years, and three years for subsequent offences.
- Imprisonment: A second offence will land you in jail for a minimum of 30 days. A third or subsequent offence will result in a minimum of 120 days in prison.
- Criminal Record: If you are convicted of impaired driving, you will have a permanent criminal record. This will have a lingering impact on your reputation, career, travel, family and more.
- Ignition Interlock Program: You may be required to participate in an ignition interlock program as a condition of getting your license reinstated.
The penalties are much more severe when impaired driving causes injury to another driver or pedestrian, up to and including life imprisonment if driving under the influence resulted in someone’s death.
Immediate Roadside Sanctions (IRS) Program
Alberta has implemented an Immediate Roadside Sanctions (IRS) program with escalating consequences for impaired drivers:
- Fines: New fines of up to $2,000 have been introduced.
- Vehicle Seizures: The duration of vehicle seizures has been increased.
- License Suspensions: Repeat offenders face increased driver’s license suspensions
- Administrative Process: To support faster resolution outside of court, most first-time impaired-driving offences now result in administrative penalties rather than criminal charges.
Consequences for New Drivers (GDL)
For new drivers who have a Graduated Drivers License (GDL), the consequences of any alcohol consumption are immediate and very strict:
- License Suspension: Imposition of an immediate 30-day license suspension.
- Vehicle Seizure: Seizure of the driver’s vehicle for 7 days.
Additional Consequences
Beyond the immediate legal penalties, drivers convicted of impaired driving may face:
- Increased Insurance Rates: Significant increases in auto insurance premiums are common after a conviction for impaired driving.
- Mandatory Education: Completion of alcohol education or treatment programs may be required, often at the offender’s expense.
- Travel Restrictions: A criminal record for impaired driving can impact the ability to travel internationally, particularly to the United States.
- Employment Impacts: Both current and future employment opportunities may be compromised by a conviction for impaired driving.
- Ignition Interlock Device: For higher BAC levels or repeat offences, installation of an ignition interlock device may be mandated as a condition of license reinstatement.
These penalties can be cumulative. A driver could face both immediate provincial sanctions and longer-term federal consequences for the same incident. The combination of criminal and administrative penalties creates a robust deterrent system aimed at reducing impaired driving and enhancing road safety in Alberta.
Understanding and adhering to Alberta’s legal blood alcohol limits is crucial for all drivers to ensure road safety and avoid severe legal consequences.
Provincial Administrative Penalties (BAC 0.05 to 0.079, also known as “IRS WARN”)
Alberta imposes immediate administrative penalties for drivers with a BAC between 0.05 and 0.079. These penalties, while not criminal, are still significant:
- License Suspension: For a first offence, there is an immediate 3-day license suspension
- Vehicle Seizure: The driver’s vehicle is seized for 3 days
- Fines: Administrative monetary penalties may be imposed, which can range from $200 to $1,000 or more
- Escalating Penalties: Repeat offenders face more severe consequences, including longer suspensions and higher fines.
Provincial Administrative Penalties (BAC 0.08 and above, also known as “IRS FAIL”)
Alberta imposes immediate administrative penalties for drivers with a BAC above 0.08. These penalties, while not criminal, are still significant:
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- License Suspension: For a first offence, there is an immediate 90-day license suspension, followed by a 12-month license suspension (eligible for Ignition Interlock Program)
- Vehicle Seizure: The driver’s vehicle is seized for 30 days
- Fines: Administrative monetary penalties may be imposed, which can range from $1000 to $2,000 or more
- Escalating Penalties: Repeat offenders face more severe consequences, including longer suspensions and higher fines.
- Mandatory Education: Completion of alcohol education or treatment programs may be required, often at the offender’s expense.
Contact us for strong advocacy when you face drunk-driving charges
With penalties ranging from license suspensions and fines to potential imprisonment and long-term impacts on one’s personal and professional life, the stakes are high for those who choose to drive under the influence. It’s always best to plan ahead and arrange for alternative transportation when consuming alcohol. If you find yourself facing impaired driving charges, it’s advisable to seek legal counsel immediately to understand your rights and options. Remember, the safest choice is always to avoid drinking and driving altogether.
