According to a recent Edmonton Journal article, Alberta drivers injured in crashes are more likely to test positive for driving while impaired than the national average. Preventing impaired driving is a high priority for Edmonton police.
Provincial and national driving while impaired laws and penalties are complex and updated frequently. In December 2020, the Immediate Roadside Sanction (IRS) program began in Alberta. The IRS program allows police to pull you over if they suspect you have been driving while impaired. This can result in losing your license, criminal charges, impounding your car, substantial fines, jail time and other penalties.
Under the IRS program, you don’t have to be very drunk to be penalized. If the police pull you over for any lawful reason, they may demand that you take a test to determine your blood alcohol level. Suspecting you may be impaired is a lawful reason to pull you over. Police can request a breath sample or perform sobriety tests, even if you do not appear to be impaired. If you refuse, you may be subject to penalties.
If you are charged with impaired driving, you must contact a driving offence lawyer as soon as possible to minimize any penalties and protect your rights. Chadi & Company in Edmonton has an impressive track record of getting impaired driving charges reduced or withdrawn. They can advise you on the best course of action for your circumstances.
Table of Contents
What is considered impaired driving in Alberta?
Impaired driving means that your ability to operate a vehicle is affected by the consumption of alcohol and drugs. Impaired driving may include driving after consuming:
- Alcohol
- Cannabis
- Illegally produced or obtained drugs
- Legally sourced drugs (including many legally-prescribed and over-the-counter medications)
- Fatigue
The Criminal Code of Canada (320.14) defines impaired driving (also called DWI or DUI) as:
- Operating a vehicle while your ability to operate it is impaired to any degree by alcohol and/or drugs
- Having a blood alcohol concentration (BAC) equal to or greater than 0.08 (Over 80) while driving or within two hours after operating a vehicle and/or
- Having a blood drug concentration equal to or greater than the prescribed legal blood drug concentration level while driving or within two hours after operating a vehicle
- Causing bodily harm or death to another person while driving while impaired
Driving or operating a vehicle does not only refer to cars and trucks. You can be cited for impaired driving of these motor vehicles:
- Cars, trucks, motorcycles
- Boats and other motorized water vessels
- Airplanes, helicopters and other aircraft
- Snowmobiles and off-road vehicles
- Other motorized vehicles
Even off-road motorized vehicles are subject to impaired driving charges if operated under the influence of drugs or alcohol. Bicycles, however, are not considered a motorized vehicle.
Common examples of impaired driving include:
- Drinking beer and driving
- Smoking marijuana or consuming cannabis edibles and driving
- Operating an ATV or other off-road vehicle while under the influence of alcohol or drugs
- Consuming prescription, over-the-counter, or illegal drugs that affect your ability to drive
The penalties for impaired driving can be severe and implemented very quickly. If you’ve been charged with impaired driving, it is essential to contact a criminal defence lawyer at Chadi & Company as soon as possible.
What are the penalties for impaired driving?
In addition to federal penalties, most Canadian provinces have additional penalties that apply to impaired driving. Alberta has additional penalties, including the Immediate Roadside Sanction (IRS) program. With the IRS, police can charge you for criminally impaired driving or immediately apply fines and licence suspensions and seize your vehicle without criminal charges. The actual penalties depend on whether the charge is a repeat offence and other factors. IRS penalty categories include:
- IRS 24-hour suspension. If the police suspect you of impaired driving due to alcohol, drugs or a physical/medical condition, you can have your licence suspended for 24 hours.
- IRS ZERO Novice penalties. There is zero tolerance for alcohol or drugs for drivers with a Class 7 learner’s licence or a Probationary Class 5-Graduated Driver’s Licence (GDL). These novice drivers receive an immediate 30-day driver’s licence suspension, a 7-day vehicle seizure and a $200 fine as a minimum penalty.
- IRS ZERO Commercial Driver penalties. There is zero tolerance for any alcohol or drugs for drivers operating a commercial vehicle of 11,794 kg or more or a car that seats more than 11 people—a first offence results in an immediate 3-day licence suspension and a $300 fine. Second and third offences are increasingly severe.
- IRS WARN penalties. For a first offence, when your blood alcohol concentration is between 0.05 and 0.079, or you fail drug and alcohol sobriety tests, your driver’s licence will be suspended, and your vehicle will be seized for 3 days. You will also be fined $300 and may incur a victim fine surcharge of 20%. A second offence and a third offence result in a 7-day vehicle seizure, suspending your licence for 15 or 30 days, and fines of $600 or $1,200. Mandatory remedial driving education may also be included.
- I.RS FAIL penalties. These penalties are applied when your blood alcohol concentration is 0.08 or more, and you fail or refuse drug and alcohol testing. Penalties for a first offence include vehicle seizure for 30 days, licence suspension for 90 days and an additional one-year suspension where you can use an interlock device. Plus, you will be subject to a $1,000 fine and may be subject to additional criminal-level charges with other penalties imposed by the court. Second and third offences are increasingly severe.
The Edmonton Police Service website provides information about IRS impaired driving charges and penalties.
An experienced criminal defence attorney can help you understand the charges and penalties you may face. Chadi & Company provides consultations for people in Edmonton and throughout Alberta who have been charged or cited for impaired driving.
Examples of impaired driving charges.
Besides the IRS charges cited above, there are also other circumstances in the Criminal Code of Canada that can increase the penalties for impaired driving, including if:
- Someone was injured or killed by your driving
- You participated in a street race
- A passenger was under 16 years old
- Your blood alcohol level was very high
- You were paid to operate the vehicle
- You drove a vehicle you were not permitted to operate
- You took prescription medications that affect your ability to drive
Federal penalties for impaired driving may include:
- Driving prohibitions such as suspending your license
- Fines
- Jail sentence
- Use of an ignition interlock device
Impaired driving charges are considered hybrid offences under the Criminal Code. Depending on the case, the Crown counsel may choose whether to treat the offence as a summary or an indictable offence. Summary offences are less severe and usually heard by a judge in a provincial court. An indictable offence is a much more severe offence where you must appear in court before a judge or judge and jury.
Other penalties for summary impaired driving offences include up to 2 years imprisonment, while other penalties for indictable impaired driving offences include up to:
- 10 years imprisonment
- 14 years if impaired driving resulted in bodily harm
- Life imprisonment if impaired driving caused a death
Impaired driving offences can carry life-altering penalties for you and your family. If you are facing impaired driving charges, you should consult with a criminal defence lawyer experienced in creating defences for these charges. For more than three decades, Chadi & Company has defended people charged with impaired driving.
Possible defences to an impaired driving charge.
Suppose you are charged with impaired driving in Edmonton, Alberta, or Western Canada. In that case, you should immediately consult an experienced lawyer who understands the frequently changing legal environment for impaired driving cases. A lawyer familiar with the Federal and Provincial laws can help you get charges reduced or eliminated. After listening carefully to understand your circumstances, your lawyer may:
- Challenge evidence and timeframes (for example, show that you drank after you drove)
- Help you navigate and understand the charges and the legal system
- Get evaluations from medical experts
In Alberta, preventing death and injury due to impaired driving has become a very high priority. The provincial and local police have many programs in place that they hope will reduce the instances of impaired driving and deaths and injuries. For example, the Edmonton Police Service has a “Curb the Danger” program designed to get citizens to call 911 to report suspected impaired drivers.
There are many laws related to impaired driving in Alberta and in Canada. It takes a knowledgeable lawyer to really understand how to navigate and negotiate the best outcome for someone charged with driving while impaired offence.
Contact Alberta law firm Chadi & Company for a consultation.
If you have been charged with impaired driving, there can be immediate and severe consequences. Right away, your car can be impounded, your licence suspended, fines assessed, and you may have a permanent arrest record, which could limit your ability to work. You must have someone who can fight for your rights and help you get the best outcome for your specific circumstances. You need someone you can trust to advocate for you. Contact Chadi & Company for a consultation with our Edmonton criminal defence lawyers, or call us at (780) 429-2300.
