Articles

Impaired Driving (DUI) in Alberta: Navigating Strict Penalties and the Criminal Code

June 19, 2026
Introduction

At Ivy Law, we recognize the severe impact a DUI charge can have on your personal, financial, and professional life. The legal landscape in Alberta is unique because it enforces immediate administrative penalties alongside the formal criminal procedures outlined in the Criminal Code.

Alberta’s Immediate Roadside Sanctions (IRS)

Alberta utilizes an administrative model known as Immediate Roadside Sanctions (IRS). These penalties apply before you step foot in a courtroom.

Sanction TierConditionsImmediate Penalties
IRS WarnBAC between 0.05 and 0.079For a first offence: Immediate 3-day license suspension, a 3-day vehicle seizure, and fines.

For a second offence: Immediate 15-day license suspension, a 7-day vehicle seizure, fines and completion of a course.

For a third offence: Immediate 30-day license suspension, a 7-day vehicle seizure, fines and completion of a course.
IRS FailBAC of 0.08 or higher, or refusal to complyFor a first offence: Immediate 90-day suspension, further 12-month suspension unless the driver participates in the IRS: FAIL Ignition Interlock Program and operates a vehicle equipped with an interlock device, completion of the Planning Ahead Course, 30-day vehicle seizure and fines.

For a second offence: Immediate 90-day suspension, further 36-month suspension unless the driver participates in the IRS: FAIL Ignition Interlock Program and operates a vehicle equipped with an interlock device, completion of the IMPACT program, 30-day vehicle seizure and fines.

For a third offence: Immediate 90-day suspension, further lifetime suspension unless the driver participates in the IRS: FAIL Ignition Interlock Program and operates a vehicle equipped with an interlock device, 30-day vehicle seizure and fines. To have your licence reinstated, if you meet the criteria, you may apply for driver’s license reinstatement and removal of the interlock requirement after 10 years.
In addition to Alberta’s Immediate Roadside Sanctions, you may be arrested and charged with impaired driving under section 320.14 of the Criminal Code. If convicted, the Court will impose further penalties.

How Ivy Law Can Defend You

Navigating a DUI charge requires immediate action. The window to appeal an Immediate Roadside Sanction is exceptionally brief (only 7 days). Our legal team will:

  • Analyze police reports for Charter violations regarding search and seizure.
  • Scrutinize the calibration and maintenance records of the breathalyzer or drug screening equipment used.
  • Represent you aggressively in both SafeRoads Alberta administrative reviews and criminal court proceedings.

If you are facing impaired driving charges, contact Ivy Law to ensure your rights are protected.

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