Administrative License Suspension
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Have You Been Affected by the Alberta Administrative Licence Suspension Program?
What is the AALS?
The AALS program is for Albertans, who test positive for the presence of drugs or alcohol in their system. For alcohol, they use the Blood Alcohol Concentration (BAC) limit, which is 0.08. And, for cannabis, the measure is the Blood Drug Concentration (BDC) limit of 5 nanograms. Additionally, you should note that a combination of these substances, (BAC 0.05 and 2.5 nanograms BDC) or the presence of any other illegal substance also apply.
How Does it Affect You?
If you are found over these limits, specific penalties will apply:
- Immediate licence suspension lasting 90 days
- Vehicle seizure lasting three days
- Enrollment in the Interlock Ignition Program for another year
- If convicted, you will have to attend a Planning Ahead course
- Harsher penalties occur during subsequent events
What are Your Rights?
- During the roadside test, you can request a second test with a new kit
- Through the Alberta Transportation Safety Board, you can appeal the AALS program
- Through the Alberta Transportation Safety Board, you can also appeal a licence suspension lasting seven or more days
What Should You Do After Being Charged?
If you are charged with a crime under the Alberta Administrative Licence Suspension program, your first step should be to contact a qualified lawyer. They can advise you about the proper steps to take immediately following the charge, and work with you to reduce any outstanding penalties, such as licence suspensions or vehicle seizures.
Contact Us to See How We Can Help
Yes. While it may come as a surprise to you, but the Criminal Code states that the offence includes operating or having care or control over a vehicle while impaired. Thus, you may still be convicted of impaired driving, and a criminal lawyer may be your best defence.
The punishment for impaired driving depends on the number of offences, but generally, the consequences are as follows:
- 1st offence — $1,000 fine & 1-year driving suspension
- 2nd offence — 30 days in jail & 2-year driving suspension
- 3rd offence — 120 days in jail & 3-year driving suspension
While it is under the discretion of the border agent whether you are permitted to enter the United State, a DUI conviction will not directly affect your ability to cross the border.
No. Unfortunately, being asked to provide a breath sample at the roadside may be an instance that requires you to incriminate yourself in the absence of legal advice.
As with all driving offences, it is best to call a criminal defence lawyer to help decide on the best plan moving forward. A strong defence may include arguing that your actions were a result of an unexpected medical impairment or an involuntary intake of drugs.
Why Choose Us
We are honest and realistic with all of our clients. We will not sugar-coat or oversell the potential outcome of the case. However, we will always strive to achieve the best result possible.
We are personable with our clients. To us, you aren’t just another name. We seek to understand your story and build a positive relationship with you while defending your rights against the State.
We believe you should know what you’re up against; most people don’t know what to expect once they have been criminally charged. We will always strive to keep you informed every step of the way.
We have built a reputation of having a high success rate for our clients throughout Alberta. Often our clients will escape a criminal record or incarceration.
We have streamlined the process of contacting and working with a criminal defence lawyer. We make all docket court appearances on your behalf so you don’t have to attend.
We have over 65 years of combined experience as defence lawyers. We've built relationships in the industry that allow us to achieve the best possible outcomes.
Think of us as your friendly neighbourhood defence lawyers, serving clients across Alberta for over 40 years. Based in Calgary, we travel everywhere from Lethbridge to Fort MacMurray.
We offer flexible payment schedules and flat-rate fee plans so you’ll always know what you’re paying upfront. Total fees depend on the complexity of your case.
How Will the Provincial Administrative Penalties Act Change the Programs?
The most significant way the new Provincial Administrative Penalties Act will change the laws is the removal of criminal charges for first-time offenders. Overall, the act will adopt several policies to free up time for the court systems and reduce the amount of money taxpayers spend on this type of case.
In fact, the benefits appear to be wide-ranging, from an 8% decrease in court time to the elimination of approximately 1,200 full, or multi-day, trials. Further, when comparing the change, British Columbia has found a 36% reduction in impaired driving incidents and a 54% decrease in impaired driving fatalities.
However, for these benefits to occur, the reality is that the punishments must become more severe. For instance, a first offence will now carry a $1,000 fine and mandatory impaired driving education. Additionally, the vehicle seizure term will increase from three days up to 30 days.
If you find yourself face-to-face with either system, don’t go it alone. Consult with a knowledgeable and qualified lawyer to make the most out of your representation and protect your rights.