Call Today: 403-719-6410

Alberta Administrative License Suspensions

>>>Alberta Administrative License Suspensions
Alberta Administrative License Suspensions 2020-08-14T19:27:17+00:00

Your Guide to Alberta Administrative License Suspensions (“AALS”) by DUI Lawyers in Calgary

What is an Alberta Administrative License Suspension?

An Alberta Administrative License Suspension, commonly referred to as an AALS, entails a driver of a vehicle having their license suspended for a set period of time due to an impaired driving allegation. The suspension is administered under the Traffic Safety Act which outlines the procedure, beginning at section 88.1.

The wording of the legislation is long, complicated, and difficult to read and interpret. In short, pursuant to the Traffic Safety Act, a peace officer will issue you a “Notice of Suspension/Disqualification” if they believe that you:

  • Are impaired by alcohol or drugs or a combination of the two,
  • Failed or refused to comply with a demand to test your sobriety,
  • The concentration of alcohol in your blood is equal to or exceeds 80 milligrams of alcohol in 100 milliliters of blood,
  • Your blood drug concentration equals or exceeds a blood drug concentration prescribed by regulation, or
  • Your blood alcohol concentration and blood drug concentration are equal to or exceed the blood alcohol concentration and blood drug concentration prescribed by regulation.

If a peace officer has reasonable grounds to believe that you committed an impaired driving offence, they will serve you with a “Notice of Suspension/Disqualification.” Your license will immediately be suspended. Your vehicle will be seized for 3 days if this is your first AALS, or 7 days if you have received an AALS in the past.

You may also receive a criminal impaired driving charge alongside the AALS. Note that your AALS and your criminal proceedings are completely separate and distinct matters. Decisions made by criminal courts with respect to the related criminal charges have absolutely no bearing on your provincial license suspension. Regardless of the outcome of your criminal charges in criminal court, your AALS will remain in effect.

The only way to avoid serving the 15-month AALS is to successfully appeal the suspension. It is important to note that there is a 30-day deadline to appeal your license suspension. If you have had your license suspended, it is critical that you obtain a competent defence lawyer as quickly as possible, to not miss out on the opportunity to appeal.

What are the different types of roadside license suspensions?

Your driving privileges will be affected differently depending on which license suspension you are given.

  1. Alberta Administrative License Suspension (“AALS”): The AALS program imposes a 15-month license suspension to drivers who have been charged with an alcohol or drug-impaired offence. Your vehicle will be seized for 3 days if it is your first AALS, and for 7 days for a subsequent one.
  2. Alberta Zero Alcohol and Drug Tolerance Program for Novice/GDL (“AZAT”): If you are a Novice/GDL driver and alcohol or drugs are detected with an approved screening device, your license will be suspended for 30 days and your vehicle will be seized for 7 days.
  3. Immediate Roadside Sanction (“IRS”): Your license will be suspended if your blood alcohol concentration is equal to or exceeds 50 milligrams of alcohol in 100 milliliters of blood.
    • First suspension: 3 days plus 3-day vehicle seizure.
    • Second suspension: 15 days plus 7-day vehicle seizure. You will be required to participate in a Mandatory Education Program.
    • Third suspension: 30 days plus 7-day vehicle seizure. You will be required to participate in a Mandatory Education Program and will have to appear for a Board Review of your driving privileges.

The peace officer who issues your license suspension will fill out and serve you with a “Notice of Suspension/Disqualification.” This Notice will indicate whether you have received an AALS, AZAT, or IRS, as well as the reason(s) for your license suspension.

What is the Alberta Administrative License Suspension Ignition Interlock program?

The Ignition Interlock, colloquially referred to as a “blow box,” is a breathalyzer installed in your vehicle which requires the driver to blow into a mouthpiece before operating the vehicle. It prevents your car engine from being started if it detects alcohol on your breath.

To be eligible, you must:

  • Be an Alberta resident,
  • Have 30 days or less remaining in your minimum 90-day driving suspension term, and
  • Not be currently serving any other suspensions.

You can apply for the Ignition Interlock program by purchasing an application from any Alberta Registry Agent and submitting it to Driver Fitness and Monitoring. You will receive a letter in the mail advising you of whether you have been accepted. You will then have to get the device installed in your vehicle and consult an Alberta Registry Agent to obtain a restricted driver’s license.

Penalties for an Administrative License Suspension in Calgary

An Alberta Administrative License Suspension is not a criminal offence. Because it is issued by the provincial government and not the federal government, it will not show up on your criminal record. This holds true regardless of whether you fight the AALS or not.

However, an AALS can have very significant consequences.

  1. Immediate consequences:
  • Suspension: The suspension is for a duration of 15 months. After the initial 90-day period, you are eligible to apply for and participate in the Ignition Interlock program for 12 months. If you do not participate in the Ignition Interlock program, your license will be suspended for an additional 12 months after the initial 90-day period (15 months total).
  • Costs of Ignition Interlock program:
    • $63 + the Alberta Registry Agent fee for the application,
    • $145 + gst for the installation,
    • $95 + gst per month for renting the device, and
    • $50 + gst for the removal.
  1. Collateral consequences:
    • Insurance premium spikes: Because it will show on your driver’s abstract that you participated in the Ignition Interlock program, your insurance provider may increase your insurance premiums.

Appealing an Administrative License Suspension in Calgary

How do I file an appeal to get my license back?

An AALS has a short window of time where you are able to appeal. You must initiate the appeal within 30 days of receiving the suspension in order to be heard by the Alberta Transportation Safety Board (ATSB). The process for appealing an administrative license suspension is outlined in Section 39.2 of the Traffic Safety Act. There are several critical steps in this process:

1.  Purchasing the appeal package

You must purchase an “Application for Hearing” from an Alberta Registry Agent. There are two types of hearings:

Oral Hearing: The hearing will be held in person in front of the Board members. The fee for the application form is $250.00.
 AALS Calgary
Non-Oral Hearing: Instead of appearing in person, you will provide written arguments as to why your license suspension should be cancelled. The fee for the application form is $125.00.
 AALS Calgary

Your application form fee will be refunded if your appeal is successful.

2.  Filing the appeal

Once you purchase the form, at the very least, you must:

  • Complete the top portion of the form with your information;
  • Tick the boxes indicating that you are including a copy of the “Notice of Suspension/Disqualification” and that you are granting the police permission to provide full disclosure to the ATSB of all evidence in this matter;
  • Either write out the reasons for appeal, OR indicate that the reasons for appeal will follow once you have received the police disclosure package;
  • Sign and date the form; and
  • Submit (or have your lawyer submit) the original physical form, along with a copy of your “Notice of Suspension/Disqualification” to the ATSB at the following address:

Alberta Transportation Safety Board
Suite 302, Willow Park Centre
10325 Bonaventure Drive SE
Calgary, AB T2J 7E4

3.  Submitting argument on appeal

The written argument can be submitted at the same time as filing the appeal, or after receiving the police information package (disclosure).

If the written argument is being submitted later, it must be sent to both the ATSB and the Registrar of Motor Vehicles.

Alberta Transportation Safety Board
Suite 302, Willow Park Center
10325 Bonavista Drive SE
Calgary, AB T2J 7E4
Email: atsb@gov.ab.ca

Registrar of Motor Vehicles
2nd Floor Peace Hills Trust Tower
10011 – 109 Street
Edmonton, AB T5J 3S8
Email: trans.appeals@gov.ab.ca

Regardless of the type of hearing you choose, the Board will consider all the relevant information before it, including:

  • Police disclosure including reports and notes,
  • Sworn or affirmed statements,
  • Footage such as Body Worn Camera and In-Car Digital Video, and
  • Any other relevant information.

If you want the Board to consider your side of the story (beyond just the legal arguments), you should consider submitting an affidavit (a sworn or affirmed statement of your version of events) as part of your materials.

The Registrar (the opposing party to a license suspension appeal) will be arguing that your AALS should be confirmed based on the evidence provided by police.

After considering the evidence and the arguments made by both sides, the Board will either uphold your license suspension or cancel it if it is satisfied that you did not commit the offence.  In either case, they will notify you of their decision in writing.

If your license suspension is cancelled, you will be able to go to an Alberta Registry Agent to get your license back and will be refunded for the application form fee.

What are the best arguments to appeal my administrative license suspension?

Although losing your driving privileges can have incredibly negative and potentially long-term consequences for you, the Board cannot consider any issues of hardship caused by your license suspension. For example, if you lose your job because you need a valid license to work, or if you need your license to drive your children to school, the Board will not consider those factors in making its decision.

Impaired driving investigations are highly technical in nature and every case is fact specific. The strongest arguments to successfully appeal your AALS will depend on the particular circumstances of your case.

The grounds for appeal of an AALS will typically include:

  • Factual innocence: You can argue that you did not commit the offence that you are being accused of. For example, if you received an AALS because you drove a motor vehicle while you were impaired, you can argue that you were not impaired or that you were not driving a vehicle.
  • Evidence was collected in a way that violated your rights: If the police collected evidence in a way that was inconsistent with the Canadian Charter of Rights and Freedoms, the Board will not consider it. For example, if the police obtain breath samples from you after having violated your Charter right to counsel, the Board might decide against considering the results of the breath sampling procedure.
  • Reasonable excuse: If you received an AALS because the police claim that you refused or failed to comply with a demand, you can argue that you had a reasonable excuse to do so. For example, if you tried to provide a breath sample but were not able to because of a medical condition, or if you refused to provide a breath sample because you were not properly afforded your right to contact a lawyer, you may be able to convince the Board that you had a reasonable excuse to fail to comply with the demand.
  • Technical defences: There are a number of technical defences that our lawyers can utilize to appeal your license suspension. For example, if the Registrar does not provide the Board with a copy of your “Notice of Suspension/Disqualification,” you may be able to argue that there is insufficient evidence that you were served with a copy of the Notice, and that it would be unfair for the Board to uphold your license suspension without being satisfied of which charges formed the basis for your suspension.

How can I help appeal my administrative license suspension in Calgary?

If you have been served with an administrative license suspension in Calgary, the following can help your lawyer prepare their written or oral argument:

  • Provide your lawyer with a statement about what happened;
  • Collect and maintain all documents and record about the event;
  • Gather a list of witnesses that may support your version of events; and
  • Log any relevant texts, emails, receipts, prescriptions, or photographic evidence.

As soon as you can, you should start to gather any information that may be of use to your lawyer. What information is relevant will depend on the facts in your case. If you are uncertain about what information may be relevant, you should contact one of our lawyers immediately to create a plan of action for gathering information.

What can a lawyer do to help me appeal my administrative license suspension in Calgary?

The Registrar will provide you with a copy of the disclosure package that will be presented to the Transportation Safety Board for your hearing. In preparation for the hearing, our lawyers will do the following:

  1. Thoroughly review police actions and the evidence against you,
  2. Prepare the arguments for your hearing, and
  3. Assemble evidence to support your arguments.

Some of the strategies that our lawyers use include:

  • Preparing and having you and/or other witnesses swear or affirm an Affidavit in support of your version of events,
  • Assembling photos and videos,
  • Identifying mistakes in the actions of the police which undermine your Charter-protected rights,
  • Researching past ATSB decisions that support your arguments, and
  • Uncovering administrative and technical errors.

Our experienced impaired driving lawyers will then argue before the Board, either in person for an oral hearing or with persuasive written arguments, that your license suspension should be cancelled.

What’s Next?

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation; however, impaired driving investigations are highly technical in nature and fact-specific.

Even if you think that there is no hope that your appeal would be successful, our team of experienced impaired driving lawyers will review your case thoroughly and find as many arguments as possible to challenge your license suspension.

To learn more about how we can help, please contact our team of Calgary Impaired Driving Lawyers within the 30-day appeal period to conduct a thorough review of your situation. We will tailor a precise strategy that targets your successful license appeal.

Get A Free Consultation

Receive a free consultation to discuss your case.

We value your privacy, all information is kept strictly confidential.


Jonathon Himann
Jonathon Himann
20:19 13 Jul 20
I have nothing but praise for Oykhman. Their customer service was top notch. Joseph Beller was able to phone me back... within minutes of me leaving a message on their machine. He explained the possible consequences and calmed me down mightily. The whole conversation was extremely professional, from the receptionist to the email follow up. I would have no hesitation recommending them.read more
Tianda Praud
Tianda Praud
02:53 01 Jul 20
With the assistance of Elena Ryland, my charges have been withdrawn! Elena is compassionate and incredibly... understanding. Despite being charged during a pandemic, she made the whole process so simple. I strongly encourage anyone to retain Elena and trust in her and the rest of the team at Savage Oykhman!read more
Brittany Collins-Berthelot
Brittany Collins-Berthelot
14:43 26 Jun 20
Elaine was amazing from the start, she made me feel very comfortable and trusting of her. The staff was very... professional and caring. I would highly recommend Elaine to my family and friends.read more
Brendan Mcdonald
Brendan Mcdonald
16:15 16 Jun 20
I have had Mr. Oykhman represent me twice now and on both occasions the issues were fully resolved having all charges... withdrawn. His service is second to none. I know once Mr.Oykhman is retained that everything will be resolved and in a favorable way because he will take care of the issues at hand. I highly recommend Mr.Oykhman to anyone that wants a stress free encounter and piece of mind knowing their issues will be takin care of, and in the end the outcome will be favorable. I would never think of ever hiring another lawyerread more
Chey Panda
Chey Panda
21:27 28 May 20
I highly recommend Crystal McGraw's services as she is very professional, non-judgmental & reliable. Crystal will keep... you updated every step of the way & will work hard to get you a positive outcome for your case. Thank you for all your help!read more
Conrad Taupert
Conrad Taupert
15:08 28 May 20
Elena Ryland was compassionate and empathetic. She immediately validated my emotions and calmed me down.I found her to... be extremely motivated. She got all my charges dropped. I highly recommend her.read more
classified666 .
classified666 .
19:42 27 May 20
I Had an accident right before Christmas last year an ended up getting a handful of criminal charges. Michael an his... team worked hard an got all charges dropped including an impaired. I’m thankful for his effort an would highly recommend!read more
Mark Paolo Ramos
Mark Paolo Ramos
16:23 04 May 20
After months of dealing with Crystal Mcgraw, Ryan P and Amie I have nothing but utmost respect for their... professionalism and hardwork. I was dismissed from my case and now can breathe normally as I can get my life back to normal. I would definitely recommend these folks to take care of your cases and you will be satisfied with the work that they will put into your case.read more
Kevin Murphy
Kevin Murphy
00:35 24 Apr 20
Thanks to Ryan for doing a great job, and for providing a sense of support and professionalism. My charge was stayed,... which is about the best result I could have hoped for, and better than I expected. Thanks to Crystal as well for everything she did, and for delivering me only good news, and to Amie for the communications she provided. All around very happy with everything, hopefully I never require their services again. 😉read more
Craig Stange
Craig Stange
15:35 23 Apr 20
I am going through an extremely difficult divorce and my ex made a power move by making an allegation against me that... involved the police and the start of a three month investigation. Upon the advise of a former RCMP member who is a good friend I engaged the Services of Michael to help with the investigation phase and contact by the city police. His services in dealing with the investigation and guiding me through this is beyond value. I would highly recommend his team. I am pleased to report that with his guidance the matter was dropped before charges, money well invested. If you get contacted by police your first call should be to his office.read more
Daniel Araia
Daniel Araia
00:55 22 Apr 20
If anyone is looking for professional legal lawyer I’m hardly recommending to anyone to Michael Oykhman with his... team. Trust me you will get quality service with professionalism from Michael Oykhman and all his team. Thanks to you all for your time and commitment I’m totally satisfied with all your hard work keep doing good job guys cheers.read more
David Prosser
David Prosser
14:42 08 Mar 20
After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
Haifaa Rofail
Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
jay xu
jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
R G
R G
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
Next Reviews


Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.


M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.


B.L.

VIEW ALL REVIEWS
VIEW REVIEWS ON GOOGLE

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Schedule a free no-obligation consultation to discuss your case.

Book A Free Consultation