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Alberta Traffic Safety Act (TSA) Demerits Impaired Driving Humour The information you provide in the questionnaire will assist us in defending you on your impaired driving charge. If You have lost your licence due to impaired driving, some conditional privileges may be obtained under the Alberta Ignition Interlock program (AIIP). Alberta Impaired Driving Prohibitions and Suspensions

Alberta Impaired Driving Prohibitions and Suspensions

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Criminal Code Prohibitions

CC Section Description Prohibition
     
259 Convicted under 253 or 254  
  (a) first offence 1-3 years
  (b) second offence 2-5 years
  (c) subsequent offence min 3 years
259(1.1) Interlock  
259(1.2) Minimum absolute prohibition  
  (a) first offence 3 months
  (b) second offence 6 months
  (c) subsequent offence 12 months
259(2) discretionary order if 220, 221, 236, 249,249.1, 250, 251, 252, 255(2), or(3)  
  (a) liable to life imprisonment any period
  (b) liable to more than 5 years but less than life max 10 years
  (c) any other case max 3 years
     
     

Alberta Traffic Safety Act (TSA) Suspensions

TSA Section Description Disqualification Period
     
83(1) guilty of s: 253, 254 of Criminal Code 1year
83(2) has a prior conviction in last 10 years 3 years
83(3) has two priors conviction in last 10 years 5 years
83(5) if two priors arose out of same incident, considered as one
84 if guilty of driving while disqualified 6 months
87(1) guilty of 249(1), 249. 1 (1) or 252(1) of CC 1 year
87(2) guilty of 249(3), 249(4), 249.1(3), 252(1.2) or (1.3), 255(2) or (3) of CC) 5 years
87(3) guilty of 220, 221 or 236 of CC 5 years
88(2)-(3) police officer believes person consumed alcohol 24 hours suspension
88(5) at the end of 21 day temporary permit 3 months
88(6) unless, person caused death or bodily harm 6 months
89(1)-(4) upon reasonable and probable grounds that a driver is impaired 24 hours
90(2)-(5) if police officer believes novice driver has consumed alcohol 24 hours suspension
90(7) at the end of 7 day temporary permit 1 month
95(1) guilty of 94 (DWD):  
  (a) first offence Max $2000
  (b) subsequent offence, within one year 14 days - 6 months jail
95(2) guilty of 94 (DWD) 6 months suspension
98 if disqualified under 94 or 259 of CC, then run consecutively  
     
     

IMPORTANT: Recent Changes to Sentencing

The Government of Alberta has made some recent changes to the licence suspension portion of sentencing for impaired drivers. In a nutshell, the Interlock Program is now mandatory for at least six months for all persons convicted of an alcohol related offence. The only exception is for persons convicted of > 80 mg % for the first time and whose blood alcohol concentration is less than 160 mg %. In order to qualify for the exception, the driver must apply in writing and send in a copy of the certificate of analysis. Further details may be found here

Alberta Traffic safety Act (TSA) Discretionary

     
86 May suspend licence for not more than 3 months if found guilty of:  
 
1. S. 69 or 71 of TSA (duties at scene of accident)
 
 
2. Any rules of the road or regulations
 
 
3. 115(2)(b), (c), (d), (p) or (q) (careless, stunting, betting, speeding, too slow)
 
 
4. Any municipal bylaw that fixes a speed limit or regulates moving vehicles
 
 
5. Any National Parks Act regulation.
 
 
6. Person not the holder of a licence is found guilty of anything above.
 
102 Failure to satisfy judgments can result in disqualification/suspension  
     

Alberta Regulation 331/2002

     
10(1) 15 demerit points within 2 years 1 month
10(2) 15 demerit points within 1 year of suspension under 10(l) 3 months
10(3) If suspended twice, or after second suspension has 15 demerits 6 months
12 Above suspensions runs concurrently with any other suspension/prohibition.  
19 Novice: 8 demerit points within 2 years (same rules as in 10 above) 1month