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I’ve been issued an Immediate Roadside Sanction for Impaired Driving. What happens now?
You will have been served a Notice of Administrative Penalty that will correspond to a specific fine amount, licence suspension, vehicle seizure and potential reinstatement conditions.
Depending on the severity and circumstances, you may also be criminally charged. People charged with impaired driving are usually demanded to provide evidentiary breath samples (alcohol) or toxicology (drugs) to support the charges.
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What happens to my driving privileges?
After receiving a Notice of Administrative Penalty your licence will be immediately suspended. The type of sanction will dictate the length of the suspension and could last from 24 hours to 90 days with further reinstatement conditions including participation in impaired driving related courses and or the Alberta Ignition Interlock Program.
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What penalties can I face under the Immediate Roadside Sanctions (IRS) program?
Penalties are escalating and depend on the type of sanction issued. The Administrative Penalties issued under this program are not heard in court but can be appealed through SafeRoads Alberta. More information about the Immediate Roadside Sanctions Program, appeal process and Administrative Penalties can be found at alberta.ca/saferoads-alberta.
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What is the ‘Ignition Interlock’ program?
The ignition interlock is a blood alcohol screening device that prevents the operation of a vehicle if the driver’s blood alcohol is over a set limit. Once the vehicle has started, the driver is required to provide random samples of breath before and throughout the operation of the vehicle. The device is located inside the vehicle and is connected to the ignition system.
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I’ve heard that police can now stop me anywhere and demand a breath sample, including at my home. Is this true?
In December 2018, Bill C-46 introduced changes to federal impaired driving legislation. One of these changes allowed for mandatory alcohol screening while another changed the length of time after driving that a breath sample can be demanded. These two changes are independent and should not be confused.
Mandatory Alcohol Screening (MAS): Allows police to demand a breath sample from any driver who is lawfully stopped. This means that if you are stopped by police for any lawful reason, you may be asked to provide a breath sample even if you do not show signs of impairment. This process is a fast and effective way to detect impairment and keep impaired drivers off the road. Provided you are not impaired, you will be on your way quickly. It is important to note that checking the sobriety of a driver is a lawful reason to stop a vehicle.
The ‘two hour’ change: Allows police to demand a breath sample in any location up to two hours after a person was driving. This applies only is a driver is involved in a criminal driving offence such as a hit and run or serious / fatal collision. The intent of this change is to better hold impaired drivers accountable by mitigating a possible defense of alcohol consumption after the commission of an impaired driving related offence.
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