DUI in Alberta

1. Legal Status & Overview

• Driving with a Blood Alcohol Concentration (BAC) of 0.08% or more, or refusing to provide a breath sample, is a criminal offense across Canada; Alberta follows the federal Criminal Code.

• However, Alberta uses Immediate Roadside Sanctions (IRS) — administrative penalties imposed by police — rather than criminal charges for first-time offenders without aggravating circumstances.

2. Immediate Roadside Sanctions (IRS)

IRS: WARN (BAC between 0.05% – 0.079%, or minor impairment)

• 1st offense:

  • 3-day immediate licence suspension

  • 3-day vehicle seizure

  • $300 fine + 20% victim surcharge

• 2nd offense:

  • 15-day suspension; 7-day seizure

  • $600 fine + surcharge

  • Mandatory “Crossroads” or “Planning Ahead” course

• 3rd or more:

  • 30-day suspension; 7-day seizure

  • $1,200 fine + surcharge

  • Mandatory “IMPACT” program

IRS: FAIL (BAC ≥ 0.08%, refusal to test, or failed drug tests)

• 1st offense:

  • 90-day hard suspension, followed by 12 months with ignition interlock (if eligible)

  • 30-day vehicle seizure

  • $1,000 fine + surcharge

  • Mandatory “Planning Ahead” course

• 2nd offense:

  • 90-day hard suspension, then 36 months interlock

  • 30-day seizure

  • $2,000 fine + surcharge

  • Mandatory “IMPACT” program

• 3rd or more:

  • 90-day hard suspension, lifetime interlock requirement (with possible review after 10 years)

  • 30-day seizure

  • $2,000 fine + surcharge

3. Novice & Commercial Drivers (Zero Tolerance)

• Novice (GDL/Class 7):

  • Even minimal alcohol → 30-day suspension, 7-day vehicle seizure, and $200 + surcharge fine.

• Commercial Drivers (heavy vehicles):

  • 1st offense: 3-day suspension, $300 + surcharge fine

  • 2nd offense: 15-day suspension, $600 + surcharge

  • 3rd or more: 30-day suspension, $1,200 + surcharge

4. Ignition Interlock Program

• Mandatory for IRS: FAIL participants.

• Fees include:

  • Registry Agent: $63

  • Installation: $150

  • Monthly rental: $105

  • Removal: $50

• Duration:

  • 1st offense: 1 year

  • 2nd: 3 years

  • 3rd+: Lifetime (with option for removal after 10 years)

5. Criminal Charges & Penalties

• Criminal charges (under the national Criminal Code) may apply if:

  • Impairment results in bodily harm or death, or

  • There are repeat or aggravated circumstances.

• Consequences may include:

  • Fines, jail time (up to 10 years depending on severity)

  • Long-term driver prohibition

  • Permanent criminal record

6. Public Perspective

Albertans note that while first offenses may avoid criminal charges, the administrative burdens (fines, interlock devices, insurance hikes) can still be substantial:

“It’s decriminalized and turned into administrative punishment … It can financially ruin you … I’ve probably spent upwards of $5K.”