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 | $1000 fine | 1 - 3 year driving prohibition |
| 2 nd offence | 30 days jail | 2 - 5 year driving prohibition |
| 3 rd or more offence | 120 days jail | not less than 3 year driving prohibition |
Prohibitions and sentences are often increased from the 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 allows for a shorter period of prohibition in provinces, such as Alberta, that operate an Ignition Interlock Program. To be eligible in Alberta for this program the sentencing judge must not prohibit it, and the Transportation Safety Board must allow the application. The successful applicant must pay for the installation, use, monitoring and removal of the device.
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.
Important: The Interlock program in Alberta now makes mandatory that an interlock be installed in the convicted driver's vehicle for at least 6 months prior to obtaining their unrestricted licence back if that conviction if for refusing a breath sample or blowing over the legal limit. An exemption can be applied for if your blood alcohol level was below 160 mg%. Apparently, this new mandatory requirement is not applicable to first time impaired driving convictions under section 253(a). The mandatory requirement also applies where there is a prior alcohol related driving conviction within the previous 10 year period. For more information about the program: http://atsb.alberta.ca/506.htm
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.
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.
Administrative Licence Suspensions
In Alberta and several other provinces/territories provincial law mandates an automatic suspension upon charge of a suspect's driving privileges. There are varied provisions depending on the exact charge and particular operating licence held but in general terms a normal adult driver can expect a 3 month suspension of his/her licence commencing 21 days from the date of charge. At the expiry of this period the suspect is entitled to licence reinstatement, assuming the matter has not already been dealt with by the criminal courts by way of a conviction. Anyone receiving an administrative suspension has a right to appeal same to the Alberta Transportation Safety Board. This appeal must be filed by no later than 30 days from the date of charge.