One of the significant changes under Alberta Bill 26 is tougher penalties for repeat offenders. As such, the consequences for a second offence for drinking and driving will be much greater than for a first offence, and include licence suspension, vehicle seizure and remedial programming. Sanctions and penalties are applied on a graduated scale, depending on whether you are between .05 blood alcohol content and .08 blood alcohol content. or over .08 blood alcohol content.
Between .05 blood alcohol content and .08 blood alcohol content on a second offence
- 15-day licence suspension
- 7-day vehicle seizure
- Mandatory “Planning Ahead” course
While not part of the legal penalties for a second offence, there are also additional costs for towing and impounding your vehicle, which must be paid when you retrieve your vehicle as well as fees for attending the mandatory remedial program.
Over .08 blood alcohol content on a second offence
- Sustained licence suspension until criminal charges are resolved
- 7-day vehicle seizure
- 3-year mandatory ignition interlock, depending on circumstances, upon a conviction.
There are also additional costs for towing and impounding your vehicle, which must be paid when you retrieve your vehicle. Added to that, there are the potential lifestyle changes that come with not being able to drive for up to a year or longer.
Refusing the breathalyzer in Alberta
You may “choose” to refuse the breathalyzer; however, if you do you will be charged with impaired driving under the Criminal Code. As such you will face immediate licence suspension and will have to defend yourself in court.
Charges of drunk driving, impaired driving, over .08, (also known as DUI and DWI) and refusal are often very technical and require the police and technicians to obey strict rules and procedures. There is room for error. The roadside screening device and/or the breath testing instrument such as the Intoxilyzer, Breathalyzer, Datamaster or Intoximeter can sometimes be shown to be faulty or incorrect. There are a variety of ways to challenge accuracy, and the impaired driving defense team at Gunn Law Group is well versed. We are skilled at scrutinizing the evidence and raising arguments in the defence of our clients.
2nd Conviction for an impaired driving offence in Alberta
In addition to the loss of your license for a minimum period of three years, you will be facing a period of time in custody if the previous offence was within the preceding 5 years. The amount of time you will need to spend in jail may vary and so we encourage you to speak to one of our lawyers to obtain legal advice on this crucial issue.
You can’t afford to lose your licence
If a person loses their license or has their driving privileges suspended due to impaired convictions, DUI accidents, or drinking and driving accidents, the way they conduct their daily lives could drastically change because of these consequences:
- A permanent criminal record
- Termination of employment and career issues
- Loss of license
- Inhibited ability to work or care for children
- Mandatory treatment programs, DUI classes
- DUI car insurance increases
- Immigration status issues
If you or someone you know has failed a breathalyzer test, been caught driving drunk, been arrested and charged with a DUI, impaired driving or had a drunk driving accident, your lifestyle could be drastically altered if you do not choose a DUI lawyer who is skilled in this area.
Get back on track. Consult one of our drunk driving lawyers in Edmonton today.
You need a DUI lawyer that is current with the law and not afraid to fight for their clients. Contact us today.
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, British Columbia, Northwest territories, Saskatchewan and Manitoba.
Call our offices at 1-780-666-7561 and start taking control today.