News Flash Home
The original item was published from 11/20/2020 9:34:43 AM to 1/10/2021 12:00:01 AM.

News Flash

News and Updates - Enforcement Services

Posted on: November 20, 2020

[ARCHIVED] Changes to Impaired Driving Penalties in Alberta

New Driving Charges

Starting December 1, 2020 some changes are coming to Impaired Driving Penalties in Alberta.  This is phase 1 of Bill 21. 
Here’s what’s coming. 
Immediate Roadside Suspension Zero Novice program or IRS Zero for GDL Drivers.  Any alcohol detected roadside on an approved screening device will result in:
-30 Day License Suspension 
-7 Day Vehicle Seizure
- $200 fine
IRS Zero Commercial 
Commercial Drivers where any alcohol is detected on a roadside screening device will recieve:
1st time
- 3 Day Drivers License Suspension 
- $300 fine
2nd time
- 15 day drivers license Suspension 
- $600 fine
3rd time
-30 day drivers license suspension 
-$1200 fine
All other drivers that blow a WARN .05 on a roadside device will receive:
 1st time
- 3 Day Drivers License Suspension 
- Vehicle Seized for 3 days
- $300 fine
2nd time
- 15 day drivers license Suspension 
- Vehicle Seized for 7 days
- $600 fine
- Driver must take Crossroads Course
3rd time
-30 day drivers license suspension 
- Vehicle Seized for 7 days
-$1200 fine
- Must complete 2 day Impact Course
Here is the big one. For drivers that blow a “FAIL” on a roadside device,  are obviously impaired or refuse to blow.
Officers now have the discretion not to proceed with Criminal Code charges unless there are aggravating circumstances, such as a collision causing injury or death, children in the vehicle, a high degree of disregard for public safety, a recent impaired charge. 
1st offence
- 90 day suspension of drivers license 
- After the 90 days driver is restricted to vehicle with an ignition interlock for 1 year. 
- Driver remains suspended for 1 year if they do not participate in the interlock program. 
- vehicle Seized for 30 days(used to be 3 days)
- $1000 fine
- Must take the Planning Ahead Course
2nd offence 
- Criminal Code Charges
- 90 day suspension of drivers license 
- After the 90 days driver is restricted a vehicle with ignition interlock for 3 year. 
- Driver remains suspended for 3 years if they do not participate in interlock program
- vehicle Seized for 30 days
- $2000 fine
3rd offence 
-Criminal Code Charges
- 90 day suspension of drivers license 
- After the 90 days driver restricted to vehicle ignition interlock for Life. (10 year faint hope clause, must be incident free for 10 years and can apply to have the restriction removed) 
- vehicle Seized for 30 days
- $2000 fine
All drivers in all circumstances have the right to a second test on a different device. Police will accept the lower of the 2 results. 
Drivers can appeal their suspension and view the evidence against them within 7 days of the suspension being issued. There is a QR code on the suspension form that will take the driver to where they can view the evidence and decide if they want to appeal. 
If they appeal, they will have an appeal hearing with an adjudicator over the phone or through video call within 21 days. After that meeting a decision will be made in writing within 30 days. A judicial review may also take place after the decision is rendered. 
This process is designed to be streamlined and to keep less serious impaired driving cases out of the courts. 
There is also a new TSA Charge for driving while suspended as a result of an alcohol related suspension. 
1st offence
- $5000 fine in default jail time
- 6 month suspension 
2nd offence 
- Mandatory Minimum 30 days in jail up to 1 year maximum 
- 12 month suspension 
3rd offence 
- Mandatory Minimum 60 days imprisonment up to 1 year maximum 
- 18 month driver suspension 
On December 1, 2021 , Phase 2 will see a similar system set up for traffic. There will no longer be Traffic Violations, rather Traffic Contreventions. The system will work, so that you can dispute or pay your tickets within minutes of it being issued to you. Traffic court will only deal with major violations such as No Insurance and suspended driving. All other matters will be dealt with quickly over the phone or video with adjudicators. No more traffic trials.

Additional Info on Bill 21
Facebook Twitter Email