Alberta Impaired Driving Information - Alberta, Canada
IMPAIRED DRIVING IMPARIED DRIVING
Impaired driving refers to the operation of a car or other motor vehicle such as a
snowmobile or boat when the driver's ability to operate the motor vehicle is impaired
by alcohol or drugs. A person can be convicted of the criminal offence of impaired
driving when there is proof beyond a reasonable doubt of the person's impairment.
PREVENTION
A number of organizations are actively involved in the prevention of drunk driving
and in educating the public on the destructive and often tragic consequences of
this problem.
RELATED LAWS AND PROGRAMS SPECIFIC TO ALBERTA
Police in Alberta are authorized to stop vehicles where impaired driving is suspected as a
consequence of their observations or complaints they receive. In addition, drivers may be
subject to random roadside stops as part of the legislative effort to curb drunken drivers.
Alberta Checkstop Program
Drivers charged with impaired driving in Alberta may receive a temporary driving permit
valid for 21 days. Following the expiry of this permit, the province of Alberta will impose an
automatic 3 month driving suspension, to commence regardless of whether the charge
results in a conviction. A conviction for impaired driving will result in a further and
separate minimum 12 month driving prohibition, therefore the province's automatic licence
suspension may encourage those charged with impaired driving to deal with their court
matters in a timely fashion rather than delaying the proceedings in the courts over a longer
period of time (with an early guilty plea the 3 month automatic administrative suspension
can overlap concurrently with the 12 month suspension resulting in a total suspension of
12 months, but if a guilty plea is delayed or the matter is unsuccessful at trial the driver
could suffer a minimum of 15 months of suspension - the automatic 3 month suspension
served separately prior to the additional minimum 12 month suspension imposed on
conviction). Alberta Administrative Licence Suspension Program
A first conviction for impaired driving will result in a minimum fine of $600 - and usually in
the range of $800 to $1200 depending on the level of impairment or the presence of other
aggravating circumstances, in addition to the minimum 12 month driving suspension.
Subsequent convictions can result in imprisonment.
Upon conviction in Alberta, the judge may recommend that the defendant be considered
for the Alberta Ignition Interlock Program, where after 3 months of suspension and upon
application to the Alberta Transportation Safety Board, the defendant may be approved to
install a breathalyzer ignition device in his vehicle which will allow the defendant to
recommence driving, while preventing the defendant from driving under the influence of
alcohol and at the same time monitoring and recording any such attempts.
Caselaw specific to instances of impaired driving dealt with in Alberta Courts can be
located by conducting a search of the phrase "Impaired Driving" at:
In preparing a defence to charges of impaired driving, often a toxicologist is
employed as an expert witness to offer evidence that breathalyser readings may have
been incorrect or to otherwise offer evidence which may provide a reasonable doubt
to allegations of impairment.
LEGAL CONSEQUENCES
Being charged with impaired driving may have serious legal implications and the
information contained within this site should not be applied without reference to
professional legal advice.
DAMAGE AND DESTRUCTION
Alcohol is involved in nearly half of all traffic fatalities and impaired driving is a leading
cause of death in Canada.
LAWS AND LEGAL DEFENCE TO IMPAIRED DRIVING CHARGES
A useful overview to the current status of the law can be found at:
Alberta Impaired Driving Law
A number of websites give excellent treatment to frequently asked
questions, concerns and issues arising out of being charged by police
with impaired driving or driving with a blood alcohol reading over .08.
