Maybe it was a few beers too many at a party or getting stoned on cannabis and then getting behind the wheel. If you get pulled over by the police and fail a test that detects drugs or too much alcohol in your system, chances are that you will face a charge of driving while impaired.
Any encounter with law enforcement that involves being stopped for suspicion of drunk or drugged driving is frightening—more so if it’s never happened to you before. Unfortunately, you are not alone. In 2023, Alberta Sheriff’s Highway Patrol “reported that it removed more than 1,200 impaired drivers from the roads.” Add to that those DUI drivers pulled over by city and local police, and that number gets even higher.
Getting a driver’s licence is a privilege that you earned. With that privilege comes responsibility; however, almost everyone occasionally makes a wrong decision. If you are facing a first offence charge of driving while impaired, your best decision is to find a lawyer who knows how to defend you against a DUI so you can move forward as soon as possible.
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What is a first offence DUI?
Literally, a first offence DUI means that you have never been arrested for, charged with, or convicted of a crime of DUI (legally known as “driving while impaired” in Canada). It does not mean you will only get a slap on the wrist simply because you have never stopped before or never driven a vehicle while in an impaired condition.
To decrease the time and cost that impaired driving cases placed on both the courts and the police, Alberta instituted new and tougher impaired driving laws. Among the changes was a rule that stated if you were caught driving drunk or high (impaired), you face immediate consequences, even if it is not a criminal charge and even if it is a first offence. No judge. No trial. You have only seven days from when you were issued a Notice of Administrative Penalty or a Seizure Notice to file for an appeal.
What are the consequences of a first offence DUI charge?
Of course, there are legal consequences for driving while impaired, ranging from steep fines to loss of driving privileges—and even loss of your vehicle. There are other “costs” as well. Consider that your car insurance premiums are going to increase, and probably rather substantially. Consider that when you lose your licence and your vehicle, even for only a short period of time, you may have to rely on public transportation or rides from somebody else to get to work, to school, to an appointment, or even to go grocery shopping. Consider your standing in the community and your relationship with your spouse, children, parents, friends, colleagues, or coworkers. And consider the damage you may have caused to someone else’s property, body, or emotional well-being.
What are the suspensions, prohibitions and other penalties for a first offence DUI in Alberta?
Driving while impaired first offence penalties depend on the blood alcohol content (BAC) that is detected in the driver if the driver was high on cannabis—even if it was legally consumed—on an illegal drug or even a prescription or over-the-counter medication. It also depends on whether the act of driving while impaired caused an accident leading to bodily harm to another or a fatality.
Under the new law passed in December 2020, penalties for a first offence result from an Immediate Roadside Sanction (IRS), in which a law enforcement officer suspects or believes you are driving while impaired. Immediate Roadside Sanctions include:
- A 24-hour licence suspension if you are suspected of being impaired by alcohol, drugs, or a combination of both
- IRS WARN penalty if your BAC is between 0.05 and 0.079 and you fail sobriety tests, which includes a 3-day driver’s licence suspension, a 3-day vehicle seizure, and a $300 fine plus a 20% victim fine surcharge
- IRS FAIL penalty if your BAC is at or greater than 0.08 and you fail a drug or alcohol test or if you refuse an alcohol or drug recognition test, which includes an “immediate, 2-stage, fixed-term driver’s licence suspension consisting of 2 distinct parts”:
- 90 days of no driving under any circumstances
- Further driver’s licence suspension where you may only operate a vehicle with an interlock device (if you choose not to, your licence remains suspended)
- Successful completion of a remedial course
- 30-day vehicle seizure
- $1,000 fine plus 20% victim fine surcharge
- Additional penalties apply if there are also criminal charges
Commercial drivers and novice drivers (those with a Class 7 learner’s licence or a Class-5 GDL) are under a Zero-Tolerance rule, meaning that any amount of alcohol or drugs is illegal and will result in the following penalties:
- Novice drivers: Immediate 30-day licence suspension, 7-day vehicle seizure, and a $200 fine plus a 20% victim fine surcharge
- Commercial drivers: Immediate 3-day licence suspension and a $300 fine plus 20% victim fine surcharge
Criminal charges are brought when a DUI causes bodily harm or a fatality. In those cases, a conviction may include imprisonment of anywhere from 2 years less a day to life, even for a first offence.
Is there any defence for a first DUI?
An experienced Alberta DUI lawyer thoroughly understands the impaired driving laws, the court system, and the likely strategy of the prosecution. Because you only have seven days from the time you receive a notice to file an appeal, it’s imperative that you seek legal help as soon as possible, especially if there are criminal charges involved. As your legal counsel, we start by listening to your side—what happened, who was involved, and how law enforcement officers treated you. We also look at the police’s evidence, including any drug or alcohol tests and statements from any witnesses.
We challenge what the other side says and what they did, or did not, do; including:
- Was the stop legal?
- Were your Charter rights violated? Were you denied the right to legal representation?
- Was the breath test administered correctly? Was the testing device accurate?
- Was there a chain of custody breach?
- Were there procedural errors?
We have a track record of successfully defending people who deserve their day in court and fighting for the best possible outcome.
Contact Chadi & Company today for a consultation.
Unfortunately, even a first-time DUI offence can impact your life in so many ways. To learn more about how the Edmonton law firm of Chadi & Company can help you, contact us to book a consultation online or by phone. We will listen to your story and discuss your needs. Call our office at (780) 429-2300 to schedule your consultation.
