In January 2012, new drunk driving legislation was passed in Alberta. Bill 26 amended the Alberta Traffic Safety Act in order to introduce tougher penalties for offenders, including longer licence suspensions and vehicle seizures for those caught driving under the influence.
Alberta’s DUI laws also target repeat offenders, and drivers whose blood alcohol meets or exceeds .05 blood alcohol content even if that person is not over .08, the legal limit under the Criminal Code. If you have had your licence suspended, your vehicle seized or are facing criminal charges as a result of drinking and driving, you should contact our office immediately to discuss how we can assist you in getting your life back on track.
Appealing the Alberta Administrative License Suspension
There is an appeal process in place for those wishing to have the Alberta Administrative License Suspension overturned. There is a form that needs to be purchased from a Registries Office. That form and supporting documentation is then sent to the Transportation Safety Board, the administrative board which oversees appeals of the Alberta Administrative License Suspension. If you have hired our firm to represent you and have instructed us to start the appeal, we will ensure that your appeal is properly handled. As you have only 30 days within which to start an appeal we encourage you to contact our office early to discuss all of your options.
If you feel it is unfair that the provincial suspension stays in effect until your charges are resolved when you have not even been found guilty of anything (and may ultimately be acquitted), you are right. The Court of Appeal recently held that the Alberta Administrative License Suspension offends the presumption of innocence and declared it unconstitutional. However, the Court stayed its declaration of invalidity for one year. The Attorney Generals office announced that they will be introducing new legislation to replace the current administrative scheme.
It is essential that when faced with impaired driving charges you retain the services of a lawyer who is up-to-date on the most current developments in this rapidly changing area of law. Gunn Law Group has been, and continues to be, at the forefront of impaired driving litigation both in Alberta and in other jurisdictions across the country. Call us today to see how we can help you!
Prolonged consequences of drinking and driving in Alberta
An offence for drinking and driving isn’t your standard traffic violation. You can’t just pay a fine and be done with it. However, there are still costs to factor in. For one, you will be responsible for the costs of towing and impounding your vehicle.
If you rely on your vehicle for work or any aspects of your daily life, you may now have to figure out how to make do without until your suspension is served. Depending on the charges, that could be a long time. With sustained licence suspensions for offences over .08 BAC until charges are resolved, you could be waiting an undetermined period of time before you are able to drive again. An impaired driving lawyer may be able to help you regain your driving privileges and get your life back on track. The sooner you can get the process started the better.
Talk to our Edmonton DUI Lawyers for drinking and driving charges in Edmonton
Drinking and driving is a regrettable mistake with real consequences that you now have to face. Don’t compound your mistake by facing them alone; get a qualified lawyer to aid in your defence.
The top criminal lawyers for drinking and driving charges are those who stay current in the law and who are not afraid to fight for their clients. Gunn Law Group’s lawyers defend those charged with impaired or drunk driving charges in Alberta, Saskatchewan, Northwest territories, Saskatchewan and Manitoba.
Call our offices at 1-780-666-7561 and start taking control today.