Consequences
What’s the worst thing that can happen if you drink and drive? You kill someone or yourself – doesn’t get much worse than that. If you are the one being killed, what have you done to your loved ones and what have you done to your legacy? If you killed someone else, what have you done to someone else’s family? Think about it – you are no longer the innocent one – you are the idiot. And to think you could have avoided it by being just a regular smart and responsible person. There’s no “do-over”.
So, what are the penalties of impaired driving? The following is from the Government of Alberta web pages:
“Alberta has Immediate Roadside Sanctions (IRS) that apply to impaired driving under the Traffic Safety Act. Additionally, law enforcement can proceed with charges under the Criminal Code of Canada, that can result in further penalties imposed by the courts.
Once the Notice of Administrative Penalty is issued by law enforcement, the driver’s licence suspension or disqualification begins immediately.
All DUIs listed below mean you drove while impaired to any degree with alcohol, drugs, fatigue or prescription drugs or a combination of those in your system.
IRS WARN penalties (when your blood alcohol concentration is between 0.05 and 0.079 or you fail drug and alcohol sobriety tests. (ie you are not even over the .08 legal limit)
First Occurrence: The following penalties occur
- an immediate 3-day driver’s licence suspension where you are unable to drive under any circumstances
- a 3-day vehicle seizure
- a $300 fine plus victim fine surcharge of 20%
Second Occurrence:
- an immediate 15-day driver’s licence suspension where you are unable to drive under any circumstances
- a 7-day vehicle seizure
- a $600 fine plus victim fine surcharge of 20%
- remedial education through the Crossroads course
Third occurrence:
- an immediate 30-day driver’s licence suspension where you are unable to drive under any circumstances
- a 7-day vehicle seizure
- a $1,200 fine plus victim fine surcharge of 20%
- remedial education through the IMPACT Program
Immediate Roadside Sanction Fail Penalties where:
- your blood alcohol concentration is 0.08 or more
- you fail or refuse drug and alcohol testing
- you fail drug recognition tests
First Occurrence:
- Immediate 2-stage, fixed-term driver’s licence suspension consisting of 2 distinct parts:
- 90 days where you are unable to drive under any circumstances
- further 12 month driver’s licence suspension:
- During this 12 month suspension period, you may participate in Alberta’s IRS: FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your licence will remain suspended, and you cannot legally drive.
- Complete the Planning Ahead course.
- 30-day vehicle seizure.
- $1,000 fine plus victim fine surcharge of 20%.
- If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.
Second Occurrence:
- Immediate 2-stage, fixed-term driver’s licence suspension consisting of 2 distinct parts:
- 90 days where you are unable to drive under any circumstances
- further 36-month driver’s licence suspension:
- During this suspension period, you may participate in Alberta’s IRS: FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your licence will remain suspended, and you cannot legally drive.
- Complete the IMPACT Program.
- 30-day vehicle seizure.
- $2,000 fine plus victim fine surcharge of 20%.
- If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.
Third Occurrence:
- Immediate 2-stage, fixed-term driver’s licence suspension consisting of 2 distinct parts:
- 90 days where you are unable to drive under any circumstances
- further lifetime driver’s licence suspension:
- During this suspension period, you may participate in Alberta’s IRS: FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your licence will remain suspended, and you cannot legally drive.
- Provided you meet the eligibility criteria, you can apply for driver’s licence reinstatement and removal of the interlock requirement after 10 years. An application does not guarantee a removal of the lifetime suspension.
- 30-day vehicle seizure
- $2,000 fine plus victim fine surcharge of 20%
- If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.”
Notice that there are a number of penalties, not just loss of licence for a period of time.
Next month I hope to give a first-hand report of a “regular” family whose son was convicted of impaired driving as related to me by the Dad. He passionately explains to me the hardship brought on to the whole family.
Dave Schroeder – HCRCWA Board Member
