What to Expect Under Alberta’s Updated Impaired Driving Rules
In a bid to increase road safety and deter dangerous driving, Alberta recently updated its impaired driving rules. These rules bring with them a growing emphasis on immediate roadside consequences as opposed to waiting for a court outcome. These provincial sanctions are in addition to those imposed under the Criminal Code of Canada. Let’s explore the new changes and their implications for drivers in Alberta.
Overview of Alberta’s New Impaired Driving Laws
Like many laws, Alberta’s driving impaired laws want to deter and prevent impaired driving. This requires a combined approach involving law enforcement, legislation, communities, and individuals. Everyone has a responsibility to make roads safer.
Many different factors come into play when we talk about impaired driving. This means operating a vehicle (land, air or water) while under the influence of alcohol, drugs, certain prescribed and over-the-counter medications, and even while fatigued.
Alberta’s Checkstop program means police can stop vehicles to see if drivers are impaired. They can educate about the dangers of impaired driving too. Checkstops are set up, police stop drivers and check for signs of impairment. Drivers are stopped at random and locations change. Some of the tests they may carry out include:
Alcohol screening with a roadside breath test
Drug screening with a roadside oral fluid test. This shows the presence of THC, cocaine or methamphetamine in the saliva
A Standardized Field Sobriety Test (SFST). This tests for impairment by looking at the eyes, ability to balance and walk. If impairment is seen, further tests by a Drug Recognition Expert (DRE) may be carried out
In terms of what changed with the new Alberta Traffic Safety Act, the law introduced immediate roadside licence suspension, which can last from three months to several years. This depends on prior offences. They can also seize vehicles. A first offence would be for 30 days, subsequent offences, longer. Drivers can also be issued with mandatory education or treatment programs and on-the-spot fines and penalties.
Immediate Consequences After a Stop
If a driver is pulled over and an officer has reasonable grounds to believe you are impaired (through the testing mentioned above), a penalty can be issued immediately. If it’s your first offence, you might:
Have your licence suspended for three months with a subsequent 12 months where you drive with an ignition interlock device.
Have your vehicle impounded for 30 days. You’ll have to pay towing and storage costs.
Receive a significant on-the-spot fine that must be paid promptly.
Repeat offenders could:
Have longer licence suspensions or long-term bans.
Have their vehicle seized for 60+ days.
Be forced to attend mandatory education or treatment programs before reinstatement.
This process is designed to remove impaired drivers from roads immediately. However, it also means your ability to challenge the allegations is more limited. Consulting experienced counsel like Liberty Law impaired driving lawyers Edmonton, can help you understand your rights and options from the start.
How This Impacts Your Legal Options
While the changes aim to improve road safety, they also mean that drivers face faster and more automatic consequences. It means you can lose your licence, pay steep fines and have your vehicle seized without a criminal conviction. Legal options depend on you acting quickly. You may need to:
Request a review hearing within a short deadline (perhaps seven days for some penalties).
Examine whether the roadside testing or arrest procedures complied with the law.
Determine if evidence (breath, saliva, blood, or observations) can be challenged.
Protecting Your Rights
Remember, you need to act quickly. Your actions in the first few days will make all of the difference. Remember, you have the right to remain silent. You don’t need to answer questions about what you consumed or how much. You can also speak to a lawyer straight away. You should:
Document everything: The timeline of events, what the officers said, and testing procedures.
Preserve evidence: Keep receipts, witness contacts or surveillance footage that could contradict the allegations.
Meet deadlines: Missing the strict time limits can mean losing your chance to challenge a penalty.
Endnote
Alberta’s updated impaired driving rules are designed to impose penalties faster and more strictly than before. This means delays or mistakes in how you respond can have serious consequences. The key is acting quickly; understand your rights, meet every deadline, and get professional advice.
