Do you know that the Alberta government has released new laws for drunk driving? Well, as a sensible citizen, everyone must learn and understand Alberta’s new drunk driving laws. To make it easier for you, we have explained the new law most easily.
The impaired driving law of Alberta is concerned with preventing impaired driving and keeping the roads safe. This law helps to protect all the road users of Alberta.
So, we, the people of Alberta, should always respect and strictly maintain this law to have a safer road for movement. However, to do this, we need to know the law first. Many people who don’t know the law wholly and correctly have no headaches.
Do you know that the impaired law of Alberta has changed recently? Now the law has become stricter than before. Besides, many changes have come for our better safety.
Anyways, in this article, we will give you the ultimate guide on Alberta’s new impaired driving law. As a citizen of Alberta, we all should know this. So, without any further delay, let’s get into the discussion.
What is Impaired Driving?
According to the definition given by the criminal code of Canada under section 253, impaired driving is operating a motor vehicle, or vessel, or operating, or assisting an aircraft or railway vehicle, whether it is in motion or not when someone’s ability to drive is impaired.
More simply and clearly, impaired driving is a punishable offence in Canada. It occurs when a driver operates a vehicle when their ability to drive is impaired by using alcohol or drugs.
Know More About Impaired Driving Criminal Code
People think that drunk driving is another name for impaired driving. But actually, the thing is slightly different. It means driving after taking a hard drink at a significant level by which you can’t drive properly.
Drunk driving is just a part of impaired driving. Here the penalties and laws are the same for both offences. We hope you are clear now.
Alberta’s Provincial Administrative Penalties Act took effect on December 1, 2020, introducing new, tougher impaired driving laws.
In addition to enforcing immediate driving penalties, the Act also lays criminal charges against alleged impaired drivers. Therefore, if you were caught under the new regime with a non-criminal impaired driving matter, you would not be entitled to a judicial determination of your guilt. If you are not successful in disputing the allegations against you within a short time, you may face substantial penalties under the new law.
Alberta’s New Impaired Driving Law
Like all other provinces of Canada, Alberta has a provincial sanction that is applied to impaired driving regulated by the government of Canada under the criminal code.
Even after having a strict law, the number of impaired drivers had been increasing at a significant level day by day. That is why recently, Alberta’s impaired driving law has changed.
Impaired Driving Punishments in Alberta
Drunk driving eventually causes death, roadside accidents, and the breaking of traffic rules. If someone is liable for impaired driving, it can impose different types of punishments in Alberta.
Let’s see the list the identify the punishments.
1. Seizure of Vehicle
When someone does this while driving in a drunk situation, the person will be under some restrictions. Firstly, the seizure of vehicles is the basic action of the accountable police.
2. Driving License Seizure
After seizing the vehicles, the driving license also is seized. If someone does this kind of violative action frequently, the license might be cancelled forever. Each time impaired driving extended the Period of seizure of the license.
3. Imposition of Fine
It’s a more common way of punishing the offender. When someone does impaired driving, a fine will be imposed. The amount will be upwards of $1000. However, for second-time offences, the fine rate will be increased.
4. Imprisonment
Although imprisonment is not considered punishment for the first-time offender, proving intention brings imprisonment. Drunken driving always brings danger. It is intentionally driving under those conditions, indeed, an invitation to an accident. Proving guilt in such a situation will be imprisonment as punishment.
Moreover, impaired driving will put your name on the record book. The insurance rate will be much higher, which may skyrocket as high as 300%. Furthermore, punishment for impaired driving could bring lifetime suspension of driving license.
According to this latest law, there have 5 different programs under the Immediate Roadside Sanctions (IRS) Program for alcohol and drug-impaired driving for every impaired driving case.
You will easily get all the rules, regulations, and punishments for impaired driving by knowing these five programs, which are given below:
Immediate Roadside Sanctions (IRS) FAIL Program
IRS fail program is conducted under the 88.1 section of the traffic safety act of Canada. It will be applied to the drivers when law enforcement will have reasonable grounds by which they can believe that the driver is impaired.
The program will be applied to all the legal and illegal prescription and non-prescription drugs that have the same potential to cause impairment. However, these grounds are as follows:
- Someone operated a motor vehicle when any drugs or alcohol impair their ability to do so to any degree.
- Someone’s blood alcohol concentration is equal to or exceeds 80 milligrams in 100 millilitres of blood within two hours after ceasing to operate any motor vehicle.
- Someone’s blood drug concentration is equal to or exceeds the blood drug concentration for the drugs prescribed and given by the criminal code of Canada within two hours after ceasing any motor vehicle.
- Someone has taken drug and alcohol combinedly, and their blood drug and alcohol concentration is equal to or exceeds the limit given by the criminal code of Canada within two hours after ceasing to operate any vehicle.
If law enforcement found any of these grounds in someone, he will have to notice the administrative penalty. Therefore, here you have a second chance breath test again.
You can request the officer to do it. If the result of that test is less than any illegal blood drug or alcohol concentration, your notice of administrative penalty will be cancelled.
If the result is equal to or exceeds the prohibited blood drug or alcohol concentration, law enforcement will confirm the notice of administrative penalty.
Sanctions or Punishments
When law enforcement issues the Notice of Administrative Penalty, the driver’s license will be suspended immediately.
Besides, a confirmation of suspension will be sent to the given address in your license. After the suspension of your driver’s license under the IRS Fail Program, you will get some sanctions or punishments, which are as follows:
First Occurrence
If this is your first occurrence, the sanctions you will get are:
- You will immediately get two different types of driver’s license suspension-
- you are unable to drive in any circumstances for 90 days, and
- You have to participate in the ignition interlock program to drive for the next 12 months; otherwise, you will not be able to drive.
- You have to complete the remedial education requirement within 450 days. If you don’t do it, you will get an indefinite administrative suspension for non-compliance. You will be suspended and unable to drive until you complete the remedial education course.
- Your vehicle will be seized for thirty days.
- You have to give a $1000 fine and the victim’s fine surcharge of 20%.
- With these penalties, you will be convicted if law enforcement issues any criminal charges.
Second Occurrence
For the second time occurrence, you will receive the following sanctions:
- You will immediately get two different types of driver’s license suspension-
- you are unable to drive in any circumstances for 90 days, and
- You have to participate in the ignition interlock program to drive for the next 36 months; otherwise, you will not be able to drive.
- You have to complete the remedial education course within 1170 days. Otherwise, you will get an indefinite administrative suspension for non-compliance, and you will be suspended and unable to drive until you complete the remedial education course.
- Your vehicle will be seized for thirty days.
- You must give a $2000 fine and the victim’s fine surcharge of 20%.
- With these penalties, you will be convicted if law enforcement issues any criminal charges.
Information Source: Alberta.ca
Immediate Roadside Sanctions (IRS) WARN Program
This program is for drivers with a blood alcohol concentration level of 0.05% to 0.079%. This one is also a reasonable ground for law enforcement to consider impaired driving.
Here, you also get the chance of immediate roadside appeal by which you can request law enforcement to test for the second time.
If the second test result is less than the prohibited level, your notice of administrative penalty will be cancelled. On the other hand, you will get the following sanctions:
First Occurrence
If this is your first occurrence, your punishments are:
- You will immediately get the suspension of your driver’s license for three days, and you will not be able to drive under any circumstances.
- Your vehicle will be seized for three days.
- You will be fined $300 with the victim’s fine surcharge of 20%.
Second Occurrence
For the second time occurrence, your punishments are:
- You will immediately get the suspension of your driver’s license for 15 days, and you will not be able to drive under any circumstances.
- Your vehicle will be seized for seven days.
- You will be fined $600 with the victim’s fine surcharge of 20%.
- You need to complete the remedial education program through the Crossroad course within six months. Otherwise, your driver’s license will be suspended indefinitely until you complete the course.
Third and Consecutive Occurrence
For the third and consecutive occurrence, the punishments are:
- You will immediately get the suspension of your driver’s license for 30 days, and you will not be able to drive under any circumstances.
- Your vehicle will be seized for seven days.
- You will be fined $1200 with the victim’s fine surcharge of 20%.
- You need to complete the remedial education course through the IMPACT program within six months. Otherwise, your driver’s license will be suspended indefinitely until you complete the course.
Information Source: Alberta.ca
Immediate Roadside Sanction (IRS) ZERO Program: Novice
This program is for novice and graduated driver’s holder drivers. They must have zero blood and alcohol levels when they are driving. Suppose someone drives with any amount of drug or alcohol level.
In that case, s/he will get sanctions by law enforcement because, according to the latest Alberta new impaired driving law, this one is also a reasonable ground.
In this program, you will also get the immediate roadside sanction previous two programs. After getting the notice of administrative penalty, your driver’s license will be suspended as before.
After that, a confirmation of suspension will be sent to your address.
Anyways, when the driver’s license is suspended, you will get some punishment or sanctions also like before, which are as follows:
- An immediate suspension of your driver’s license for 30 days by which you will not be able to drive for thirty days under any circumstances.
- Your vehicle will be seized for seven days.
- You will be fined $200 with the victim’s fine.
Immediate Roadside Sanctions (IRS) ZERO Program: Commercial
This program is for drivers who operate commercial vehicles. According to Alberta’s latest impaired driving law, drivers who operate a commercial vehicle must have zero alcohol levels in their blood under any circumstances.
This one is a very significant program for improving road safety nowadays. Commercial industry stakeholders also agreed with this zero-tolerance law for commercial drivers.
Anyways, this IRS Zero program: commercial will apply to the drivers who are:
- Operating a registered commercial vehicle that has more than 11,794 kg weight.
- Operating a commercial vehicle that has more than ten passenger seating capacity.
After making sure that you have any drug or alcohol level, you will receive the notice of administrative penalty as before and then the suspension of your driver’s license.
Here, you are also getting the immediate roadside appeal opportunity as before. However, the sanctions that are being suspended are as follows:
First Occurrence
For the first occurrence, you will get:
- The suspension of your driver’s license for 3 days where you will not drive in any circumstances.
- $300 fine with the victim’s fine surcharge of 20%.
The second occurrence in the 10 years
For the second occurrence:
- You will immediately get the suspension of your driver’s license for 15 days, and you will not be able to drive under any circumstances.
- You will be fined $600 with the victim’s fine surcharge of 20%.
Third or Consecutive Occurrence in 10 years
For the third occurrence or if you are repeating the same occurrence, your punishments are:
- You will immediately get the suspension of your driver’s license for 30 days, and you will not be able to drive under any circumstances.
- You will be fined $1200 with the victim’s fine surcharge of 20%.
Immediate Roadside Sanctions (IRS) Program of IRS: 24-Hour
This program is for drivers suspected of taking drugs and alcohol or any other medical condition on the road and driving.
In this type of situation, drivers may not have the ability to drive perfectly, which affects the safety of the road for all users. As a punishment, law enforcement officers suspend the driver’s license of the suspected divers for 24 hours.
Here, Alberta Transportation’s Driver Fitness and Monitoring staff can review the file of that impaired driver to determine their fitness.
Alberta Impaired Driving First Offence
If this situation was the cause of your arrest and it was your first offence, you might immediately be liable to a 90-day license suspension, a 30-day car seizure, a $1,000 fine plus penalty, and the requirement to complete the “Planning Ahead” course. You are unable to drive at all during the immediate 90-day suspension.
What is the Alberta Alcohol Limit for Blood Alcohol?
The legal limit for blood alcohol content when driving in the United States is.08 percent. If your BAC is.08 or more, you will face harsh consequences. Regardless of provincial regulations, this is a criminal (federal) offence.
Nevertheless, most provinces have more strict regulations against drinking and driving.
What is the Alberta alcohol limit for blood alcohol? Driving with a blood alcohol content (BAC) of between.05. and.079. (less than 79 milligrams of alcohol in 100 millilitres of blood but equal to or greater than 50 milligrams in 100 millilitres of blood)
As a result, you can see that there is a Federal Level of.08 and then more severe Provincial Regulations.
Frequently Asked Questions (FAQs):
There have many frequently asked questions regarding this topic which are as follows:
What are the New Drinking and Driving Laws in Alberta?
Recently the government of Alberta has conducted five new programs for impaired driving, which are discussed in detail above in this article. These programs are also for drunk drivers as drinking and driving are parts of impaired driving. So, we can say that those are the new drinking and driving laws in Alberta.
What is the Legal Limit for Drinking and Driving in Alberta?
0.05% to 0.079% BAC (Blood Alcohol Concentration) is Alberta's legal limit for drinking and driving. That means 79 milligrams of alcohol in 100 millilitres of blood are legal while driving, according to the Traffic Safety Act of Alberta.
Is Impaired Driving a Criminal Offence in Alberta?
Yes, obviously, impaired driving is a criminal offence in Alberta. It is being considered a Federal Criminal Offence here since 1992 that has significant punishment.
Is Impaired Driving Zero Tolerance in Alberta?
Yes, impaired driving is zero-tolerance in Alberta in some circumstances. For novice and commercial vehicle drivers, it is zero tolerance. If law enforcement found any amount of alcohol or drug in the blood of these two types of drivers when they are driving, they will be convicted, and their driver’s license will be suspended immediately.
What is the Penalty for Impaired Driving in Alberta?
There are many penalties or punishments for impaired driving in Alberta. Among those, immediate driver’s license suspension, vehicle seizing, fine, remedial education courses, etc., are the most common.
Conclusion
The impaired driving law in Alberta is now much strict. There are several new penalties, rules, and regulations are added. A huge number of people are losing their life by of road accidents.
This law is very important for road users to prevent these accidents and make the road safe. Anyways, all of Alberta’s new impaired driving law is discussed in this article. Now it is your responsibility to follow this and stay safe.
