The new Federal and Provincial impaired driving laws give the police broad powers. Under these laws that came into effect on December 1, 2020, police can stop drivers, demand samples, suspend driver’s licences and impound vehicles. Those caught driving under the influence in Alberta will face stricter penalties starting Dec. 1, 2020 — including steep fines and having their vehicle seized for up to 30 days. These powers may even be unconstitutional.
The Police can Stop You Even if You Were Doing Nothing Wrong
Bill 21 gives police the power to stop drivers just to check sobriety. The police in Alberta no longer need reasonable suspicion to pull you over. Police can now demand that you provide a breath sample, even if you are doing nothing wrong. Even if there is no evidence that you consumed drugs or alcohol. This is all police in Alberta, even the Edmonton Police Force.
Even if You Were Not Impaired, You Can Lose Your Licence
If you are pulled over and refuse to blow, the police can charge you criminally and as a result your license is suspended. It is a criminal offence to refuse to provide a breath sample upon demand. Even if there is no evidence that you were impaired. Since Bill 21 came into effect on December 1, 2020, the police can demand a breath sample anytime for no reason.
If you provide a breath sample on demand and blow over the legal limit, you will be arrested and charged criminally, and your licence will be automatically suspended.
Whether you refuse to blow, or you blow over the legal limit, you will be immediately suspended from driving for 90 days plus a year. All without any just cause or reasonable suspicion. Your vehicle will be towed and impounded for up to 1 week minimum before you can get it released. Even if you are not guilty, you will have to pay all towing and storage fees before getting your vehicle back. Repeat offenders will now face a mandatory education program and mandatory ignition interlock.
Unbelievably, the 1-year suspension continues even if you are found innocent. Your licence will remain suspended for the original 90 days plus a year, even if the charges against you are dropped or you are found not guilty by the Court. And it will stay on your record, triggering the chance of you being targeted and tagged as a repeat offender.
In other words, even if the police did not have proper reasons or grounds for charging you, you still lose your license. And if you are proven innocent, you still lose your license. This is why the title of this blog post is sober or impaired: even if you are innocent, you can still lose your license under the Alberta impaired driving laws.
How Can You Get Your Licence Back?
If police suspend your licence, your only hope of getting your license back earlier than 90 days plus a year is to make an appeal to the Alberta Transportation Safety Board. Some cases are now handled outside of court through SafeRoads Alberta. SafeRoads Alberta is a new adjudication branch that will allow drivers to pay their fees online, request more time to pay their penalty or dispute their vehicle seizure. Your dispute could possible get your drivers license back earlier. You must file an appeal within 30 days of the suspension.
There are certain documents you have to file and fees you have to pay in order to make the appeal. A lawyer can help you prepare your appeal and make arguments on your behalf. If the Board does not cancel the suspension, then you cannot get your licence back until the suspension period expires. Talk to your Edmonton Personal Injury Lawyer today.
Your License Can Be Suspended Even if You Don’t Blow Over the Legal Limit
Even if you blow under the legal limit and your blood alcohol content is below the legal limit, the police can suspend your licence. If your blood alcohol content is more than 50mg per 100ml of blood (0.05), your licence can be suspended for anywhere from 3 up to 30 days. The more times your licence has been suspended, the longer your suspension will be.
Police will also have your vehicle towed and impounded for up to one week, whether you blow over the limit or even if you refuse to blow. Before you can retrieve your vehicle, You will have to pay all towing and storage fees which are calculated daily for each day your vehicle is impounded. If this is the second time you have had an immediate roadside suspension, you will be required to complete a mandatory educational program. You might also have terms and conditions placed on your license and you are subject to review by the Alberta Transportation Safety Board.
The police have a discretion to impose a 24-hour suspension. They can take away your license for 24 hours, if police suspect that drugs or alcohol have affected your physical or mental ability. The police do not need substantial proof that you were doing anything wrong. Only their vague suspicion, there is no burden of proof. Police can also have your vehicle towed and impounded on a whim.
If you have been charged with a criminal offence or your license has been suspended, the lawyers at Moustarah and Company in Edmonton are here to help. Our expert Edmonton lawyers will determine if you can apply to have your Alberta license reinstated and what legal options are available to you.