Alberta s Current and Proposed Impaired Driving Laws

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1 Alberta s Current and Proposed Impaired Driving Laws Zero Tolerance Program for Graduated Driver Licensing Program (GDL) Drivers Participants: GDL drivers found to have any alcohol in blood. GDL drivers found to have any alcohol, cannabis or illegal drug in blood, as recorded by an approved instrument. Sanctions: 1 st Offence Immediate 30-day suspension GDL extension: Must remain in GDL program for two years with one year of suspension-free driving time. 1 2 nd and Offences Immediate 30-day suspension GDL extension: Must remain in GDL program for two years with one year of suspension-free driving time. Appeal Immediate roadside appeal 2 for alcohol and Alberta Transportation Safety Board appeal 3 of licence suspension and/or seizure available 24 Hour Licence Suspension Program Participants: All drivers with indications of any form of impairment from alcohol, drugs, or a medical or physical condition affecting the driver s physical or mental ability to drive. Sanctions: All Offences Immediate 24-hour suspension Vehicle seizure: Officer may seize the vehicle for 24-hours Appeal None, as there is not enough time for an appeal process. 1 Towing and Impound fees are dependent upon the location in which the offence took place. 2 Immediate Roadside Appeal: drivers can demand a second, immediate confirmatory test on a different device. 3 Alberta Transportation Safety Board Appeal: If a sanction is issued under the Alberta Administrative Licence Suspension Program that is more than 3 days, it may be appealed through the board within 30 days of issuance. Criminal Code convictions must be appealed through the courts. Page 1

2 Immediate Roadside Suspension Program Participants: All drivers found to have a blood alcohol concentration between.05 and.08. Sanctions: 1 st Offence in Immediate 3-day suspension Vehicle seizure: Immediate 3-day seizure Appeal 2 nd Offence in 3 rd and Offences in Impound charges Immediate 15-day suspension Remedial education: Upon referral by the Registrar Alberta Transportation Safety Board Hearing: Upon referral by Registrar Cross Roads or Planning Ahead Course 4 Immediate 30-day suspension ATSB hearing: Mandatory Cross Roads or Planning Ahead Course Immediate roadside appeal for alcohol for all offences. Alberta Transportation Safety Board appeal of licence suspension and/or seizure available for second and subsequent offences. 4 Cross Roads is a half day course to address impaired driving for the Immediate Roadside Suspension program. Cross Roads costs $125. Drivers may opt to take the Planning Ahead course. Planning Ahead is a one-day program that covers impaired driving laws, the effect of alcohol on the body, and how to separate drinking and driving. Planning Ahead costs $275. Page 2

3 Participants: Sanctions: Administrative Licence Suspension Program 1 st Offence in All drivers who are charged with criminal impairment outlined by the federal government in the Criminal Code of Canada, specifically: Alcohol: Blood Alcohol Concentration over.08. Behaviour: Demonstrated impairment of alcohol, drug or alcohol/drug combination. Refusal: Failing or refusing to provide breath or bodily fluid sample. Immediate licence suspension, which remains in place until the criminal charge is resolved. If the driver is convicted of a criminal charge, there is an additional licence suspension of 1 year (no bodily harm/death) or 5 years (bodily harm/death). Vehicle seizure: Immediate 3-day seizure If the driver is convicted of a criminal charge, participation for interlock for one year, which may run concurrently with the postconviction ATSB hearing: Optional, depending on previous highrisk driving behaviours and whether the individual is convicted of a criminal charge. Licence duplication All drivers who meet the threshold for criminal impairment outlined by the federal government in the Criminal Code of Canada, specifically: Alcohol: Blood Alcohol Concentration over.08. Behaviour: Demonstrated impairment of alcohol, drug or alcohol/drug combination. Refusal: Failing or refusing to provide breath or bodily fluid sample. Cannabis: THC concentration over 2ng or over 5ng in blood (limits proposed by the federal government). Alcohol/THC Combination: Blood Alcohol Concentration over.05 and THC concentration over 2.5ng in blood (limits proposed by the federal government). Illegal Drugs: There is no limit at this time but the federal government indicates there may be in the future. for the year. There are no Page 3

4 Administrative Licence Suspension Program 2 nd Offence in 3 rd and Offences in Planning Ahead Course, if criminally convicted. Immediate licence suspension, which remains in place until the criminal charge is resolved. If the driver is convicted of a criminal charge, there is an additional licence suspension of 3 years (no bodily harm/death) or 5 years (bodily harm/death). Vehicle seizure: 7 days If the driver is convicted of a criminal charge, for 3 years, which may run concurrently with the postconviction ATSB hearing: Optional, depending on previous high-risk driving behaviours, and whether the individual is convicted of a criminal charge. Licence duplication Impact Course 5, if criminally convicted Immediate licence suspension, which remains in place until the criminal charge is resolved. If the driver is convicted of a criminal charge, there is an additional licence suspension of 5 years (all charges). Vehicle seizure: 7 days If the driver is convicted of a criminal charge, for 5 years, which may run concurrently with the post-conviction ATSB hearing: Optional, depending on previous highrisk driving behaviours and whether the individual is convicted of a criminal charge. Licence duplication Impact Course, if criminally convicted ATSB hearing: for the year. There are no requirements ATSB hearing: for the year There are no requirements ATSB hearing: 5 IMPACT is a weekend residential program that teaches offenders to think about how alcohol and other drugs are affecting their lives. IMPACT costs $850. Page 4

5 Appeal Administrative Licence Suspension Program Alberta Transportation Safety Board appeal of licence suspension and/or seizure available for all offences. Page 5

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