.05 Blood Alcohol Content in Alberta

In Alberta, most drivers are familiar with the .08 blood alcohol content limit, but few know that even prior to Bill 26 police could suspend your licence for having a .05 blood alcohol content. In fact, new drinking and driving laws don’t introduce penalties for having a BAC over .05, they just increase the penalties.

Our Edmonton DUI lawyers can help you defend the penalties for BAC over .05 in Alberta

Under the previous version of the Traffic Safety Act, the longest licence suspension you would receive for having a BAC between .05 and .08 was 24 hours. After the introduction of Bill 26, the duration of suspensions have increased, and you will also have your vehicle seized, as follows:

Comparing .05 BAC versus .08 BAC within the laws of Alberta

So what’s the difference between having a .05 blood alcohol content and a .08 blood alcohol content. in practical terms? Given the increased emphasis on .05 BAC, Albertans may want to re-evaluate what safe consumption means for them. If you’re going to have a social drink out with friends, or a glass of wine with dinner, and then plan to drive, you had better know your limits. The safest course of action is to not drink at all if you are planning on driving later.

From a legal perspective, the key difference is that drivers who are found between .05 BAC and .08 BAC are not charged with an offence under the Criminal Code. If you blow over .08 BAC, however, you will be charged with a criminal offence and subject to much harsher penalties, including:

  • vehicle seizure
  • prolonged licence suspension
  • Criminal Code proceedings
  • mandatory ignition interlock in some situations

The impact of a drunk driving charge on your life can be immense and irreversible.




Call our criminal lawyers in Edmonton for drinking and driving charges in Alberta

Your car’s been towed, your licence suspended. Being charged with drinking and driving can feel as if your life’s been derailed. You need to get back on your feet as soon as possible.

Gunn Law Group’s lawyers handle criminal defense of impaired or drunk driving charges in Edmonton, Fort Saskatchewan, Leduc, St. Albert, Spruce Grove, Sherwood Park, Beaumont, Bon Accord, Bruderheim, Calmar, Devon, Gibbons, Legal, Morinville, Redwater, Stony Plain And Strathcona County, Leduc County, Parkland County And Sturgeon County, Peace River, Fort McMurray, Grande Prairie and other communities in northern Alberta. We will go anywhere in Alberta, Saskatchewan, Northwest territories, Saskatchewan and Manitoba.

Call our offices at 1-780-666-7561 and start taking control today.