Section 88(1), Traffic Safety Act (TSA)

Drivers who are suspected of being impaired by alcohol, drugs or a physical or medical condition that affects their ability to safely operate a vehicle are subject to a 24-hour license suspension.

Section 88.01, Traffic Safety Act

Issued when the police has reasonable grounds to believe that the driver operated a motor vehicle with any alcohol or drug in their body while they were a novice driver as a class 7 learner’s license or class 5 Graduated Driver’s License (GDL) holder.

• 30-day driver’s license suspension

• 7-day vehicle seizure

• $200 fine plus victim fine surcharge of 20 percent

• Subject to additional reinstatement conditions as per the TSA

Section 88.02, Traffic Safety Act

Applies to drivers when law enforcement has reasonable grounds to believe that a commercial driver has operated a commercial vehicle in a commercial capacity with any alcohol or drug in their body.

1st Contravention

• 3-day driver’s license suspension

• $300 fine plus victim fine surcharge of 20 percent

 2nd Contravention

• 15-day driver’s license suspension

• $600 fine plus victim fine surcharge of 20 percent

3rd and subsequent contravention

• 30-day driver’s license suspension

• $1,200 fine plus victim fine surcharge of 20 percent

Section 88.03, Traffic Safety Act

Applies to drivers when law enforcement has reasonable grounds to believe that a driver operated a motor vehicle with a blood alcohol concentration that is equal to or exceeds 50 milligrams of alcohol in 100 milliliters of blood.

1st Contravention

• 3-day driver’s license suspension

• 3-day vehicle seizure

• $300 fine plus victim fine surcharge of 20 percent

2nd Contravention

• 15-day driver’s license suspension

• 7-day vehicle seizure

• Crossroads Course (1/2 day)

• $600 fine plus victim fine surcharge of 20 percent

3rd and subsequent contravention

• 30-day driver’s license suspension

• 7-day vehicle seizure

• Impact Course (2 days)

• $1200 fine plus victim fine surcharge of 20 percent

Section 88.1, Traffic Safety Act

• The driver operated a motor vehicle while their ability to do so was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug

• Within 2 hours after ceasing to operate a motor vehicle, the driver had a blood alcohol concentration that was equal to or exceeds 80 milligrams of alcohol in 100 milliliters of blood

• Within 2 hours after ceasing to operate a motor vehicle, the driver had a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada)

• within 2 hours, after ceasing to operate a motor vehicle, the driver had a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and that drug are combined

REFUSAL: Under S. 88.1(1)(e) - the notice of administrative penalty may be given for refusal

1st Contravention

• 90-day driver’s license suspension followed by a 12-month participation in the Alberta Ignition Interlock Program

• 30-day Vehicle seizure

• Planning Ahead Course (1 day)

• $1,000 fine plus victim fine surcharge of 20 percent

2nd Contravention

• 90-day driver’s license suspension followed 36-month long
  Alberta Ignition Interlock Program

• 30-day vehicle seizure

• Impact Course (2 days)

• $2,000 fine plus victim fine surcharge of 20 percent

• Charged under the Criminal Code (Canada)

3rd and subsequent contravention

• 90-day driver’s license suspension followed by lifetime
  participation in the Alberta Ignition Interlock Program

• 30-day vehicle seizure

• $2,000 fine plus victim fine surcharge of 20 percent

WHERE: SafeRoads Alberta portal

WHEN: Within 7 days of the issuance of the Notice of Administrative Penalty

WHAT: Choose if you want a written or oral review

HOW: You can apply yourself or through a lawyer

Representation: If you choose to be represented by a lawyer or an agent, you must complete the Consent to Representation form and upload it to the SafeRoads portal.

Decision: The adjudicator will make their decision to confirm or cancel your Notice of Administrative Penalty in writing within 30 days (from the date of issuance of notice).

Judicial Review: An application for JR can be filed with the Court of King’s Bench of Alberta, in accordance with section 24(2) of the Provincial Administrative Penalties Act.

A notice must be served to SafeRoads Alberta (if you request a judicial review within 30 days of receiving notification of the decision).