Penalties for impaired driving convictions are outlined in both the Criminal Code of Canada, as well as provincial traffic safety acts. This is a guideline as to certain minimum and maximum sentencing requirements. Actual sentencing can vary from case to case depending on numerous and variable factors. The general Alberta sentencing and licence suspension situation is outlined below.
The Criminal Code provides for a graduated minimum penalty scheme depending on the number of prior related convictions:
| Minimum Penalties | ||
| 1 st offence | $600 fine | 1 year driving prohibition |
| 2 nd offence | 14 days jail | 2 - 5 year driving prohibition |
| 3 rd or more offence | 90 days jail | 3 year driving prohibition |
Prohibitions and sentences are often increased from these minimum provisions in the discretion of the sentencing judge.
The AlbertaHighway Traffic & Safety Act regulates provincial suspensions. These run concurrent with the court imposed driving prohibitions noted above:
| Minimum Suspensions | |
| 1 st offence | 1 year suspension |
| 2 nd offence | 3 years if prior occurred within past 10 years |
| 3 rd or more offence | 5 years |
The Criminal Code permits sentencing judges in Alberta and certain other provinces to recommend reduction of both the Criminal Code prohibition and Traffic & Safety Act suspensions to a shorter period in the event the accused is approved for the province’s Ignition Interlock Program. This recommendation must be made in court by the judge on the date of sentencing before provincial authorities will consider your application.
An ignition interlock is a alcohol sensing device installed on the applicant’s vehicle which requires random samples of breath from the driver to continue the vehicle’s operation. If an alcohol level above a certain minimal level is detected the vehicle will be shut down. The driver must pay for the installation and monitoring of this device.
| Interlock Reductions | |
| 1 st offence | reduction to as low as 3 months |
| 2 nd offence | reduction to as low as 6 months |
| 3 rd and subsequent offences | reduction to as low as 12 months |
It is important to note that some of the above stated minimum penalties may be subject to prosecutorial discretion and Criminal Code notice requirements.
Note: If you have previously been convicted of impaired driving you should make sure that you obtain a Pardon after the required waiting period (3 - 5 years). This removes the conviction from your criminal record for several purposes, including the application of the above “prior conviction” provisions.
Where bodily harm or death has resulted from an impaired driving conviction potential penalties are greatly increased.
Impaired Causing Bodily Harm
Imprisonment up to 10 years with a driving prohibition up to 10 years.
Impaired Causing Death
Imprisonment up to life with a driving prohibition for any period the “court considers proper.”
A final sentencing option available to the judge is a curative discharge. If you recognize that you have an alcohol or drug addiction you may call evidence, usually from a medical doctor, that you are seriously addressing the problem by seeking ongoing treatment and counseling (ie AA or NA meetings). If the judge is satisfied that the problem, and your efforts to manage it, are genuine he may discharge you instead of entering a conviction. A curative discharge will involve a period of probation involving several conditions in relation to treatment. A driving prohibition will, however, still be ordered.