What You Need to Know About Alberta’s New Impaired Driving Laws Effective Dec 1

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A Tesla car with no visible driver behind the wheel is shown in this RCMP handout photo on Thursday, July 9, 2020 near Ponoka, Alta. Credit: RCMP

New laws for impaired driving as outlined in Bill 21, the Provincial Administrative Penalties Act is in effect starting today and includes tougher laws for novice impaired drivers like mandatory education, 30 days vehicle seizure, 15-month driver’s licence suspension and $1,000 fine.

The new Immediate Roadside Sanctions (IRS) Program brings in new zero-tolerance consequences for novice drivers and commercial drivers, with new fines, longer vehicle seizures, mandatory education and lengthy periods of ignition interlock. Repeat offenders, impaired drivers who cause bodily harm or death, and other more serious cases will still receive criminal charges in addition to the other penalties.

The law also includes changes to the process of addressing traffic ticket disputes via SafeRoads Alberta. SafeRoads Alberta will launch the new online Administrative Penalty Information System (APIS) through which Albertans can to view the details on their penalties, pay their fines, request more time to pay, request a vehicle seizure review, and, request a review by SafeRoads Alberta if they wish to dispute their impaired driving administrative penalty.

As per the government, SafeRoads Alberta will divert nearly two million traffic tickets from Alberta’s courts, freeing up court time for criminal matters, ensuring law enforcement can spend more time on the streets and less in courtrooms for violations, and avoids the necessity for hundreds of thousands of Albertan’s to visit courthouses merely to pay tickets or schedule hearings.

 

Key Changes

  • Immediate Roadside Sanction program with serious, immediate and escalating consequences for impaired drivers, including:
    • new fines up to $2,000
    • increased length of vehicle seizure up to 30 days for certain offences
    • new mandatory education programs for repeat offenders
    • increased driver’s licence suspensions for repeat offenders
    • expanded mandatory ignition interlock for repeat offenders
  • launch an online ticket dispute system to:
    • make it easier for Albertans to pay, request more time to pay, or dispute a ticket
    • free up courts and police to focus on the most serious matters
  • enshrine into law that commercial drivers must have zero blood alcohol and drug concentrations on the job

Comparison of Old Law vs. New Law

Old Law

New Law

When an officer has reasonable grounds to believe that a driver has committed an impaired offence, the driver:

  • is issued an administrative penalty called the
    Alberta Administrative Licence Suspension
    (AALS);
  • receives an immediate 15 month suspension;
  • receives a three-day vehicle seizure;
  • is criminally charged with an impaired offence.
  • A driver can drive again after 3 months if they install an ignition interlock device.

Police investigation, documentation, and testimony can
often consume 5-8 hours or more per file.

When an officer has reasonable grounds to believe that a
driver has committed an impaired offence, the driver will:

  • be Issued an administrative penalty called the IRS FAIL.
  • receive an immediate 15 month driver’s licence suspension.
  • receives a 30 day vehicle seizure.
  • be issued a $1,000 fine.
  • be required to complete mandatory impaired driving education
  • if a repeat offender, or there is bodily harm or injury, they receive an escalating administrative penalty and will be criminally charged with an impaired offence.
  • A driver can drive again after 3 months if they install an ignition interlock device.
  • If a driver chooses not to participate in IIP, they will remain suspended with no ability to drive for the full suspension term.

Police can issue this process in an hour or less on
average.

If a driver wishes to dispute their driver’s licence suspension, they must:

  • appear in person at an office or registry agent location to obtain, complete and file a notice of appeal with the Alberta Traffic Safety Board within 30 days.
  • appear before a panel, which may take approximately up to five months to schedule and resolve.
If a driver wishes to dispute their notice, they will:

The driver will also have to proceed to the Criminal Courts to resolve the criminal charge.

This can include:

  • A driver will also be arrested, detained for several hours to conduct further testing and be processed and then released with a requirement to return to court or face additional criminal charges.
  • The individual must attend at one or more initial docket appearances and ultimately at a trial. The trial process is complex and generally requires expert assistance to navigate.
  • Upon conviction a driver will receive a criminal punishment and a permanent criminal record.
If the driver is unsatisfied, they may seek Judicial review at the Court of Queens’s Bench of Alberta.
Phase 2 of the bill is expected by the end of 2021 and will expand the jurisdiction of the adjudication branch to address all other contraventions of the Traffic Safety Act, except those that result in bodily harm. Phase 3 of the Bill will expand the administrative adjudication process such that it could be adopted and adapted for use by any regulated area of provincial jurisdiction. The timeline for Phase 3 diversion will be determined upon the conclusion of Phase 2.

More Information

**Updated to add Safe Roads website link which was launched today. Earlier article mentioned that the online system will be launched in 2021.**

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