Effective April 9, 2018, the New Impaired Driving Law will be in affect. Under the new Alberta DUI law, most drivers who blow “over .08” or who refuse to provide a breath sample will receive an immediate one-year suspension of their license with the opportunity to obtain an Interlock device after three months, which would allow the individual to operate their motor vehicle with the Interlock device installed for one year. If the driver has a previous related criminal record the scheme may be different.
There will continue to also be possible roadside sanctions for drivers who provide a breath sample between .05 and .08, as well as those with even less than .05 blood alcohol levels. Many of these sanctions are already in existence but the biggest change will be the mandatory one-year suspension and three-month Interlock eligibility for those who are “charged” with Impaired Driving or Blowing Over or DUI or Refusal to Blow.
In some cases, these mandatory Provincial sanctions will be the only consequence and the driver may not receive an actual Criminal Charge. In other cases, however, depending on circumstances and Police discretion, there may also be Criminal Charges.
The Provincial suspension can be appealed and drivers ought to seek professional and experienced legal advice to ensure they know their options.
The lawyers at McGlashan and Mackinnon have extensive experience with all aspects of Impaired Driving law in Alberta and can discuss the new Alberta Impaired Driving laws with you to ensure you know your rights and your options. Do not assume that you cannot do anything about your suspension! You should always discuss these matters with a lawyer.