LPS checkstop. (Lethbridge News Now)

By David Opinko

Impaired Driving Laws

New impaired driving rules in effect across Alberta Dec. 1

Nov 30, 2020 | 11:16 AM

Starting this Tuesday, there will be different, and in some cases, more severe penalties for drivers getting behind the wheel impaired.

As of December 1, 2020, Bill 21, the Provincial Administrative Penalties Act, will be in effect. It changes how impaired drivers are penalized with new immediate roadside penalties while also changing the process of traffic ticket disputes.

“The goal of the new legislation is to simplify existing impaired driving programs and strengthen impaired driving laws in an effort to reduce injuries and fatalities, making Alberta roads safer,” reads a statement from Medicine Hat Police.

“The new process will also free up court and police resources and as a result allow them to focus on the most serious offences.”

Some of the key changes in Bill 21 are as follows:

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• Introduce a new Immediate Roadside Sanction program in late 2020 with serious, immediate, and escalating consequences for impaired drivers, including:
  • New fines up to $2,000
  • Increased length of vehicle seizure up to 30 days for certain offences
  • New mandatory education programs for repeat offenders
  • Increased driver’s licence suspensions for repeat offenders
  • Expanded mandatory ignition interlock for repeat offenders
• Launch an online ticket dispute system in 2021 to:
  • Make it easier for Albertans to pay, request more time to pay, or dispute a ticket
  • Free up courts and police to focus on the most serious matters
• Enshrine into law that commercial drivers must have zero blood alcohol and drug concentrations on the job

Existing impaired driving sanctions are being streamlined into five categories:

• IRS: 24-Hour
  • 24-hour driver’s license suspension
  • Vehicle may be seized for 24 hours
• IRS ZERO: Novice (formerly AZADT). Any alcohol detected roadside on an approved screening device will result in:
  • 30-day license suspension
  • Seven-day vehicle seizure
  • $200 fine
  • Drivers must remain suspension-free for one year from the end date of the suspension; if not, the one year starts over
• IRS Zero: Commercial
  • 1st time
    • Three-day drivers license suspension
    • $300 fine
  • 2nd time
    • 15-day drivers license suspension
    • $600 fine
  • 3rd time
    • 30-day drivers license suspension
    • $1,200 fine
• IRS: WARN (Formerly IRS) on a roadside device:
  • 1st time
    • Three-day drivers license suspension
    • Vehicle seized for three days
    • $300 fine
  • 2nd time
    • 15-day drivers license suspension
    • Vehicle seized for seven days
    • $600 fine
    • Driver must take Crossroads Course
  • 3rd time
    • 30-day drivers license suspension
    • Vehicle seized for seven days
    • $1,200 fine
    • Must complete two-day Impact Course
• IRS: FAIL on a roadside device, is impaired, or refuse to blow.
  • Officers now have the discretion not to proceed with Criminal Code charges unless there are aggravating circumstances, such as a collision causing injury or death, children in the vehicle, a high degree of disregard for public safety, a recent impaired charge.
  • 1st offence
    • 90-day suspension of drivers license
    • After the 90 days, the driver is restricted to a vehicle with an ignition interlock for one year.
    • Driver remains suspended for one year if they do not participate in the interlock program.
    • Vehicle seized for 30 days (used to be three days)
    • $1,000 fine
    • Must take the Planning Ahead Course
  • 2nd offence
    • Criminal Code Charges
    • 90-day suspension of drivers license
    • After the 90 days, the driver is restricted to a vehicle with an ignition interlock for three years.
    • Driver remains suspended for three years if they do not participate in an interlock program
    • Vehicle seized for 30 days
    • $2,000 fine
  • 3rd offence
    • Criminal Code Charges
    • 90-day suspension of drivers license
    • After the 90 days, the driver restricted to a vehicle ignition interlock for Life. (10-year faint hope clause, must be incident-free for 10 years, and can apply to have the restriction removed)
    • Vehicle seized for 30 days
    • $2,000 fine