LPS checkstop. (Lethbridge News Now)

By David Opinko

New impaired driving rules in effect across Alberta Dec. 1

Nov 30, 2020 | 11:09 AM

LETHBRIDGE, AB – Starting this Tuesday, there will be different, and in some cases, more severe penalties for drivers getting behind the wheel impaired.

As of December 1, 2020, Bill 21, the Provincial Administrative Penalties Act, will be in effect. It changes how impaired drivers are penalized with new immediate roadside penalties while also changing the process of traffic ticket disputes.

This will be done through a new adjudication branch called SafeRoads Alberta.

“I want to be very clear: impaired driving is always unacceptable. SafeRoads Alberta will help get impaired drivers off the road and free up court and police resources – allowing police to focus on keeping our communities safe and the courts to focus on the most serious matters,” says Justice Minister Kaycee Madu.

SafeRoads will allow drivers to pay their fees online, request more time to pay their penalty, or dispute their Immediate Roadside Sanction or vehicle seizure.

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Lethbridge Police Service (LPS) is on board with the new system for impaired driving infractions. Acting Staff Sgt. Kevin Talbot says the system will not be much more streamlined.

“In the past, you stop an impaired driver and your evening is done for probably three hours once you do the roadside, get the sample, do up the paperwork. This process is very short and sweet. It shouldn’t take more than a half hour to do it.”

Under the soon-to-be-previous model, Talbot says the process proved to be costly through overtime wages since the investigating officer was often called to court on their days off.

LPS has purchased an additional 20 roadside screening devices.

Bill 21 also received high praise from Mothers Against Drunk Driving (MADD).

“MADD Canada welcomes the implementation of these new measures to address the impaired driving problem, and we thank the Government of Alberta for its leadership,” says MADD Canada CEO Andrew Murie. “These measures deliver strong, immediate penalties and sanctions to those individuals who continue to disregard the law and put lives in danger by driving impaired.”

Some of the key changes in Bill 21 are as follows:

• Introduce a new Immediate Roadside Sanction program in late 2020 with serious, immediate, and escalating consequences for impaired drivers, including:
  • New fines up to $2,000
  • Increased length of vehicle seizure up to 30 days for certain offences
  • New mandatory education programs for repeat offenders
  • Increased driver’s licence suspensions for repeat offenders
  • Expanded mandatory ignition interlock for repeat offenders
• Launch an online ticket dispute system in 2021 to:
  • Make it easier for Albertans to pay, request more time to pay, or dispute a ticket
  • Free up courts and police to focus on the most serious matters
• Enshrine into law that commercial drivers must have zero blood alcohol and drug concentrations on the job
• New zero-tolerance consequences for novice drivers and commercial drivers

Existing impaired driving sanctions are being streamlined into five categories:

• IRS: 24-Hour
  • 24-hour driver’s license suspension
  • Vehicle may be seized for 24 hours
• IRS ZERO: Novice (formerly AZADT). Any alcohol detected roadside on an approved screening device will result in:
  • 30-day license suspension
  • Seven-day vehicle seizure
  • $200 fine
  • Drivers must remain suspension-free for one year from the end date of the suspension; if not, the one year starts over
• IRS Zero: Commercial
  • 1st time
    • Three-day drivers license suspension
    • $300 fine
  • 2nd time
    • 15-day drivers license suspension
    • $600 fine
  • 3rd time
    • 30-day drivers license suspension
    • $1,200 fine
• IRS: WARN (Formerly IRS) on a roadside device:
  • 1st time
    • Three-day drivers license suspension
    • Vehicle seized for three days
    • $300 fine
  • 2nd time
    • 15-day drivers license suspension
    • Vehicle seized for seven days
    • $600 fine
    • Driver must take Crossroads Course
  • 3rd time
    • 30-day drivers license suspension
    • Vehicle seized for seven days
    • $1,200 fine
    • Must complete two-day Impact Course
• IRS: FAIL on a roadside device, is impaired, or refuse to blow.
  • Officers now have the discretion not to proceed with Criminal Code charges unless there are aggravating circumstances, such as a collision causing injury or death, children in the vehicle, a high degree of disregard for public safety, a recent impaired charge.
  • 1st offence
    • 90-day suspension of drivers license
    • After the 90 days, the driver is restricted to a vehicle with an ignition interlock for one year.
    • Driver remains suspended for one year if they do not participate in the interlock program.
    • Vehicle seized for 30 days (used to be three days)
    • $1,000 fine
    • Must take the Planning Ahead Course
  • 2nd offence
    • Criminal Code Charges
    • 90-day suspension of drivers license
    • After the 90 days, the driver is restricted to a vehicle with an ignition interlock for three years.
    • Driver remains suspended for three years if they do not participate in an interlock program
    • Vehicle seized for 30 days
    • $2,000 fine
  • 3rd offence
    • Criminal Code Charges
    • 90-day suspension of drivers license
    • After the 90 days, the driver restricted to a vehicle ignition interlock for Life. (10-year faint hope clause, must be incident-free for 10 years, and can apply to have the restriction removed)
    • Vehicle seized for 30 days
    • $2,000 fine
      Current vs new impaired driving rules in Alberta. (Government of Alberta)

More details on Bill 21 here.