Most first-time impaired driving cases will no longer face a traditional criminal charge. The laws in Alberta surrounding Driving Under the Influence (DUI) charges have changed. The Provincial Administrative Penalties Act instead presents different penalties and disciplinary structures for most first-time offenders. The Alberta Government calls this new system SafeRoads Alberta.
For first-time offenders, the police serve individuals with paperwork which advises them of a provincial penalty. Individuals end up receiving essentially the same penalty that they would have received if they had previously been convicted of the offence, only without a Criminal Record or court appearance. These are now called “Immediate Roadside Sanctions”.
Instead of a court charge, individuals face an Administrative Penalty from the province, but these Immediate Roadside Sanctions still include a fine and a license suspension. The same penalty system as before but with no court appearance or Criminal Record. Although there is no Criminal Record, this will still appear on your Driver’s Abstract, which could affect your insurance rates.
This Administrative Penalty can be appealed. Individuals have only 7 days to file their Appeal.
If you’ve been stopped by the Police and served the SafeRoads Alberta administrative penalty, Brian McGlashan can help. With over 25 years of experience defending DUI cases, Brian knows the ins and outs of appealing alleged DUIs. If you’re facing a drunk driving administrative penalty, don’t hesitate to contact our team
Our expert team will help you file an appeal and argue your case before the administrative penalty review board. Contact Brian McGlashan today to appeal your provincial suspension and administrative penalty for driving under the influence.
Information from the Government of Alberta about the Provincial Administrative Penalties Act can be found here.
First-time offences that will be given a provincial penalty:
- Refusing the breathalyzer or roadside test
- Driving with blood alcohol level over 0.08
- Driving under the influence or “impaired driving”
- This applies to alcohol, a drug, or a combination of alcohol and a drug.