How will my DUI charge affect my licence in Alberta?

By Last Updated: June 14, 2022

1. Can I get my licence back before the first court date?

How will my DUI charge affect my licence in AlbertaUnder the current Alberta Administrative License Suspension (AALS) Program, every person charged with an alcohol/drug related driving offence receives a suspension of their licence for 90 days, followed by a further 1 year driving suspension.  The first 90 day suspension has no exceptions. The following, further 12 month suspension can be lifted for individuals registered in the Ignition Interlock Program. It is possible to appeal your license suspension under the AALS prior to going to trial, but it is unlikely that you will be able to complete the appeal process prior to your first court date. Your first court date will like be within one month of the date you were charged and your license was suspended. You have 30 days from the offence date to submit an Application for Hearing to the Alberta Transportation Safety Board to appeal your AALS suspension, and the Board in turn has time to respond to your application. You have the choice to have your appeal heard orally, or to present written submissions, and the wait times are different depending on the type of appeal you choose. Regardless of the type of appeal, it is very unlikely that the process will be complete, and the Board will have a decision, prior to your first court date.

2. Can I get my licence back before trial?

There are two ways to get your licence back before trial. The first is to appeal your license suspension under the Alberta Administrative Licence Suspension (AALS) program. To appeal your license suspension, you must purchase an Application for Hearing form from an Alberta Registry. An application for an oral hearing costs $250, and an application for a written hearing costs $125. The completed application form must be received by the Alberta Transportation Safety Board within 30 days of the suspension being issued. A successful appeal must demonstrate, on the civil balance of probabilities standard, that you did not commit the impaired driving offence for which you have been charged. The Alberta Transportation Board will not consider hardship in determining whether to cancel the suspension of your license on appeal – it is not sufficient to demonstrate the negative impact the license suspension will have on your life while awaiting trial. The outcome of your appeal, whether successful or unsuccessful, will not affect the disposition of your criminal charges.

The second way to obtain your licence before trial is to apply for the Ignition Interlock Program (IIP). An application for the program can be purchased from any Alberta Registry for approximately $63. The application must then be filled out and submitted to Alberta Transpiration Driver Fitness and Monitoring, which can be done by email, regular mail, or in person.  Approval may take up to 30 days, and you will be notified by mail once the Traffic Safety Board renders their decision. from there, you will have to book installation of the Interlock Device for your vehicle through Smart Start, at a cost of $145.00 for passenger vehicles, and $245.00 for commercial vehicles. You must also pay a reinstatement fee of approximately $210.00, and a new licence fee .  Finally, there is a monthly fee of $95.00 for rental of the Interlock Device, and a removal fee of $50.00.

3. How quickly can I get my licence back if I plead guilty or am found guilty?

If you plead guilty or are found guilty, for a first offence, you will be subject to a one-year license disqualification under the Criminal Code of Canada, as well as a concurrent 1 year provincial suspensionThis disqualification is a mandatory minimum sentence legislated by Parliament, and cannot be avoided upon conviction. However, you may be entitled to get your license back if you are accepted into the Alberta Ignition Interlock Program. This program requires you to install an ignition interlock device in your vehicle, which tests your blood alcohol concentration via your breath prior to driving.

There are also a number of steps you will have to take including the following:

  • Alberta Registry Ignition Interlock Application
  • AMA Planning Ahead Course
  • AMA IMPACT Course (for individuals convicted of second, or subsequent offence)
  • Interlock Device Installation
  • Restricted Driver’s Licence
  • Interlock Device Rental
  • Interlock Device Removal

The program costs are set out on the Alberta Transportation website below:

https://www.transportation.alberta.ca/iip.htm

It is important to note that even if you apply for the IIP immediately upon finding of guilt, it may take more than 1 month to actually obtain your restricted driving privileges. The main delays center around obtaining approval from Driver Fitness and Monitoring, completing the AMA courses, and booking installation and inspection of the Interlock Device.

4. Do I get credit for the time I spend on suspension awaiting trial?

You cannot get credit for the time you spend on suspension while awaiting trial. While you are awaiting trial, your license is suspended pursuant to the Alberta Administrative License Suspension (AALS) Program. If you are convicted at trial, the pre-trial AALS suspension comes to an end, and the post conviction AALS suspension begins. Moreover, there is also a Criminal Code driving disqualification that results from a conviction, which is a separate prohibition that does not come into effect until you are found guilty of, or plead guilty to, the impaired driving charges you face. This means that regardless of how long your license was suspended under the AALS awaiting trial, this time cannot be credited towards the Criminal Code driving disqualification to which you will be subjected if you are found guilty or convicted.

5. How soon can I get my licence back if I win my DUI?

If your alcohol/drug driving related charges have been withdrawn, or if you have been acquitted at trial, the Alberta Administrative Licence Suspension does not automatically come to an end. The AALS Program operates independently of the Criminal Code of Canada charges, so the outcome of one does not necessarily impact the other. The only way to avoid the initial 90 day suspension, (an the subsequent 12 month suspension) that arises as a result of the police investigation, is to launch an AALS appeal, discussed above.  It is critical to at least purchase and file the AALS Appeal form within 30 days of the initial suspension to preserve the right of appeal. You can then take your time to decide wither to proceed with the appeal, depending on the outcome of the criminal case. For further information about the interplay of the AALS Program, please contact our office and one of our lawyers would be more than happy to explain the process to you in more detail.

For specific information regarding your case, please select the location that’s closest to you.

About The Author

Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

Ask A Question

We endeavor to respond to questions within 24 hours. If your matter is urgent, please call our office or submit a request for a free consultation.

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.

R.W.

Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.

Y.

I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.

C.S.

Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.

A.P.

Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.

N.B.
READ OUR REVIEWS
GET A FREE CONSULTATION