24-hour license suspensions in Alberta
Have you been pulled over on suspicion of drunk driving and blown between .05-.08 BAC? You may be issued a 24 hour licence suspension/disqualification if your ability to operate a motor vehicle is impaired by alcohol, drugs or a combination of both, or your driving ability is affected by a physical and/or medical condition.
Under what circumstances can my licence be suspended for longer than 24 hours?
Your driving privileges may be suspended for a period longer than 24 hours under the following conditions:
- If you hold a graduated driver’s licence, your blood alcohol content analysis must be zero. Any reading will result in an immediate 30 day licence suspension.
- If your blood alcohol content reading is .05 or greater, you will receive a roadside suspension. The first offence results in a licence suspension of 3 days. Subsequent offences will result in an increased term of suspension to 15 days on the second offence and 30 days for 3 or more offences.
- If your blood alcohol content reading is over .08, you will receive an immediate Alberta administrative licence suspension and you will be charged with an offence under the Criminal Code of Canada. Your Alberta administrative licence suspension will remain in effect until the criminal charge is resolved.
- If you refuse to provide a breath sample on the demand of a peace officer, you will receive an immediate Alberta administrative licence suspension and you will be charged with an offence under the Criminal Code of Canada. Your Alberta administrative licence suspension will remain in effect until the criminal charge is resolved.
If my licence is suspended in Alberta, how do I get my
licence reinstated after the suspension period is over?
Depending on the type of suspension, there are reinstatement conditions applicable to each type of suspension. This may include attending an impaired driving course, using an ignition interlock device, attending a hearing with the Alberta Transportation Safety Board, meeting applicable reinstatement conditions, completing a road test and completing knowledge testing if the licence suspension is three years or more.
If my licence is suspended in Alberta,
will I need to pay for its reinstatement and what is the cost?
The province does require that you pay $22.00 (plus GST) for a replacement licence. This amount includes the $13.00 government fee plus the $9.00 registry service fees.
If your licence has expired, or is due to expire, you will need to renew your licence. Licence renewal fees vary based on the number of years the licence is being extended.
These fees do not apply to drivers who are suspended for a period of 24 hours or 3 days, provided they pick up their licence from the police agency that issued their suspension within one week of the suspension end date. If the licence is not picked up within 7 days, the police agency will destroy the licence and you will be required to pay the licence reinstatement fee.
Can I appeal a licence suspension?
Our criminal defense lawyers are focused and dedicated on helping Albertans keep their licenses in situations where they run the threat of being suspended due to an impaired driving charge. Alberta administrative licence suspensions may be appealed through the Alberta Transportation Safety Board within 30 days of issuance and should be done with an experienced criminal lawyer for the chances of an improved outcome. Criminal Code convictions are appealed through the courts and you most certainly should retain the counsel of a Calgary drunk driving lawyer if facing such circumstances.
If a roadside suspension is issued for more than 3 days, it may be appealed through the Alberta Transportation Safety Board. Contact our criminal defence lawyers in Calgary to protect your legal rights and retain your drivers license.
Posted on February 7th, 2013