What to Expect After a DUI Charge in Alberta
If you are charged with impaired driving in Alberta, you may face both criminal charges and administrative penalties. You have only seven days to respond to an administrative penalty, so acting quickly with the help of an experienced lawyer is crucial.
Facing a DUI in Alberta
Alberta’s impaired driving system is complicated and knowing what to expect is key to protecting both your rights and your future.
Criminal Charge or Administrative Penalty?
The first step is figuring out whether you received a criminal charge, an administrative penalty, or both.
- Criminal charges usually come with documents like a Promise to Appear or an Appearance Notice that sets a court date.
- Administrative penalties, such as the Immediate Roadside Sanction (IRS), are a little more like a traffic ticket. The Notice of Administrative Penalty includes a licence suspension. The vehicle is always seized but there is no court date.
Many first-time DUI cases now result in administrative penalties only, but it is possible to face both systems at once.
Act Fast—You May Have Only Seven Days to Respond
If you received an administrative penalty, you have just seven days to respond. Failing to act can mean an automatic 15-month licence suspension, even if you are later found not guilty in criminal court. If this is a second or third occurrence you are looking at a 39-month suspension or lifetime suspension, respectively. This short timeline makes it critical to get legal help right away.
Appeals and Alberta’s Dual-Track System
Administrative penalties are reviewed by SafeRoads Alberta. You have the right to appeal, and a decision must be made within 30 days of receiving your Notice of Administrative Penalty.
Criminal charges, on the other hand, usually move slower. Court dates often arise about six weeks after the incident. But keep in mind, the two systems run in parallel, not one after the other.
If you lose your SafeRoads appeal, your licence suspension begins immediately. A judicial review in court can be requested, but it may take up to two years for a result. Still, it is worth pursuing any criminal defences you may have, as the long-term consequences of a conviction go far beyond suspension.
When the Stakes Are Higher
Some cases carry more serious consequences. If your impaired driving involved an accident, repeat offences, injuries, or fatalities, you will be looking at harsher penalties, including possibly jail time. Courts have become stricter with repeat offenders, especially since Alberta’s 2020 law changes.
Why Experienced Legal Help Matters
Not all lawyers handle both criminal charges and administrative penalties. Alberta’s DUI system is complex, and you need counsel who understands both sides of the process. A lawyer experienced in impaired driving law can help you meet deadlines, protect your rights, and navigate both SafeRoads Alberta and criminal court.
Moving Forward
If you are facing a DUI in Alberta, remember these key points:
- Know whether you have been given a criminal charge, an administrative penalty, or both.
- Act immediately, especially if you received a penalty notice.
- Get a lawyer who understands Alberta’s dual-track DUI system.
Acting quickly and wisely will make the difference between a temporary setback and long-term consequences.
FAQs
Q: What happens if I miss the seven-day deadline to respond to a penalty notice?
You could face an automatic 15-month licence suspension, even if you are later cleared of criminal charges. We can assist with an application for a late review, but they are difficult to get. Do not delay if you wish to make such an application. Every day that you wait makes it harder to obtain.
Q: Can I face both a criminal charge and an administrative penalty at the same time?
Yes. It is possible to receive both, and each follows its own process, so you need to address them separately.
Q: Why do I need a lawyer who handles both sides of the system?
Alberta’s DUI process involves two tracks, SafeRoads Alberta and criminal court. To fully protect your rights, you need legal help from someone who understands both.
Admitted to the Alberta bar in 2002, Shannon thrived in the realm of criminal law, particularly in impaired driving and DUI cases. Her dedication has taken her to the Supreme Court of Canada on numerous occasions, highlighting her expertise in impaired driving litigation.
Shannon’s training on various Intoxilyzer models, along with her proficiency in drug recognition for drug-impaired driving, makes her a formidable legal advocate. Her recent passion for Collaborative Family Law showcases her commitment to peaceful resolutions in family disputes.
