Can I Still Drive While Waiting for a DUI Trial in Alberta?
- Your ability to drive before your Alberta DUI court date depends on whether you received an Immediate Roadside Sanction, criminal charges, or both.
- If you receive a Notice of Administrative Penalty, you have 7 days to request a SafeRoads Alberta review.
- A successful review will restore your driving privileges while your criminal case proceeds.
- If your review is unsuccessful and your licence is still suspended, you may still be able to drive while waiting for trial, but you would need to be participating in the Alberta Ignition Interlock Program.
- Because deadlines are short and the consequences are significant, consulting an experienced Alberta DUI lawyer as soon as possible will help protect your licence and your legal rights.
Immediate Roadside Sanctions vs. Criminal DUI Charges in Alberta
If you are accused of impaired driving, one of the first questions you may ask is if you are still allowed to drive before your court date. The answer depends on what happened at the roadside and what steps you took afterward.
Not every impaired driving investigation leads to criminal charges. In Alberta, some drivers receive only an administrative penalty through the Immediate Roadside Sanction system (IRS), while others receive the IRS and face criminal charges under the Criminal Code.
You are more likely to face criminal charges if you have a previous impaired driving incident on your record or if the incident involved bodily harm or death. If you only received the Notice of Administrative Penalty (NAP) which outlines the IRS you were given by police, you would not have a criminal DUI trial, although the penalties from the IRS still affect your licence.
What Happens if You Received a Notice of Administrative Penalty?
When the police issue impaired driving charges, they usually issue a Notice of Administrative Penalty at the same time. This notice is commonly referred to as an Immediate Roadside Sanction.
In the rare situation where you were criminally charged but did not receive a Notice of Administrative Penalty, you should consult a lawyer for more advice. Not receiving a copy of the NAP can sometimes constitute a defence to the NAP itself.
The Seven-Day Deadline Matters
If you received an Immediate Roadside Sanction, you normally have seven days to begin a review. The notice provided by police contains a QR code that links to the SafeRoads Alberta portal where you may start the process.
If your review is successful, the administrative penalty is cancelled. That means you will be able to continue driving while awaiting your criminal court date if you also received a criminal charge.
If the review is unsuccessful, the suspension remains in place. Your ability to drive while waiting for trial will then depend on the terms of that suspension.
What if You Missed the Deadline?
A late review may be available in limited situations. Examples include being hospitalized, incarcerated, or facing another exceptional circumstance that prevented you from submitting the review request on time.
These requests are granted only in specific situations. If you miss the deadline, speaking with a lawyer as soon as possible will help you determine if a late review is available to you.
Ignition Interlock May Allow You to Drive
If your administrative penalty remains in place, you may have a path back to driving. Many drivers are eligible for the Ignition Interlock Program after completing the initial suspension period.
For impaired driving suspensions, you are not permitted to drive during the first three months. After that period, you may qualify to drive with an approved Ignition Interlock device installed in your vehicle while you wait for your trial.
FAQ’s
Can I drive if I was charged but did not receive a Notice of Administrative Penalty?
Possibly. If your driver’s abstract does not show a suspension, you will generally be permitted to drive while awaiting trial. In all cases, you should consult a lawyer for an informed opinion before deciding to drive.
What happens if I do not appeal my Immediate Roadside Sanction?
The administrative penalty will remain in effect. This results in a licence suspension and restrictions on your ability to drive.
Will I be able to drive with Ignition Interlock?
You may qualify after completing the required suspension period and meeting all program requirements. Eligibility depends on the details of your case and the applicable Alberta rules.
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.
