Impaired Driving in Edmonton: Understanding Alberta’s Tougher Rules

By Karanpal Aujla, Criminal Lawyer at Cambria Law (Edmonton)
Published: Tuesday, December 16, 2025

Introduction

Impaired driving is one of the most common criminal charges in Alberta — and one of the most heavily penalized. With recent changes to both provincial and federal laws, even a single mistake behind the wheel can lead to immediate licence suspension, costly fines, and a lasting criminal record.

For drivers in Edmonton, understanding the distinction between provincial administrative penalties and Criminal Code charges is key. Alberta’s impaired driving rules are now among the strictest in Canada, reflecting a growing emphasis on deterrence, safety, and accountability.

The Law: Federal and Provincial Framework

Impaired driving laws in Alberta operate on two levels:

1. Federal (Criminal Code of Canada) — governs criminal offences such as driving with a blood-alcohol concentration (BAC) over the legal limit or driving while impaired by alcohol, drugs, or both.
2. Provincial (Traffic Safety Act) — imposes immediate administrative sanctions like licence suspensions, vehicle seizures, and fines, even if no criminal conviction follows.

Together, they form a comprehensive system where penalties can begin the moment you’re stopped — long before a court hearing.

What Counts as Impaired Driving

Under section 320.14 of the Criminal Code, it’s an offence to:

• Drive or have care and control of a vehicle while impaired by alcohol, drugs, or a combination.
• Drive with a BAC of 80 mg or more per 100 mL of blood (0.08).
• Drive with 2 ng or more of THC per mL of blood, or higher combinations for alcohol and drugs.

Impairment isn’t limited to alcohol — cannabis, prescription medications, and even fatigue can lead to charges if they affect your ability to operate safely.

Immediate Roadside Sanctions (IRS) in Alberta

Since December 2020, Alberta has shifted many impaired driving cases from criminal court to the Immediate Roadside Sanctions (IRS) program under the Traffic Safety Act.

Police can now issue on-the-spot penalties if they detect impairment through breath, saliva, or field sobriety testing. These include:

• Immediate licence suspension — 90 days full suspension, followed by 12 months of restricted driving with an ignition interlock device.
• Vehicle seizure — usually 30 days.
• Fines — up to $2,000 for first-time offenders.
• Mandatory education programs like Planning Ahead or IMPACT.

These sanctions apply even without a criminal charge and take effect immediately. Refusing to provide a breath or bodily sample carries the same or greater penalties.

Criminal Impaired Driving Charges

If your case proceeds criminally, penalties depend on the severity and whether it’s a first or repeat offence:

• First offence: Minimum $1,000 fine and one-year driving prohibition.
• Second offence: Minimum 30 days in jail.
• Third offence or more: Minimum 120 days in jail.

Aggravating factors — such as causing injury, death, or refusing a lawful demand — can lead to far harsher sentences, including lengthy imprisonment and lifetime driving prohibitions.

Drug-Impaired Driving

Since the legalization of cannabis, Alberta police have expanded roadside testing for THC (tetrahydrocannabinol) using oral fluid screening devices.

The Criminal Code sets specific limits:

• 2–5 ng/mL of THC: Summary conviction offence.
• Over 5 ng/mL (or combination of THC and alcohol): Indictable offence with potential jail time.

Officers trained in Drug Recognition Evaluation (DRE) can also assess impairment based on physical coordination, eye movement, and vital signs — a process often used when blood testing isn’t immediately available.

Ignition Interlock Program

Many Alberta drivers convicted or sanctioned for impaired driving are required to install an ignition interlock device — a breath-testing mechanism that prevents a vehicle from starting if alcohol is detected.

Participation in this program may allow earlier return to restricted driving privileges. Failing or tampering with an interlock test can result in licence suspension extensions or criminal charges.

Appealing an Immediate Roadside Sanction

If you receive an IRS notice, you can appeal through SafeRoads Alberta, an administrative tribunal operated by the provincial government.

• You must file an appeal within 7 days of the notice.
• Hearings are typically held online or by phone within 21 days.
• You can submit evidence, police reports, or expert opinions to challenge the finding.

Having legal representation during this process can significantly improve the chances of success — especially if breath testing or procedural errors occurred.

Defences to Impaired Driving Charges

Common legal defences under Alberta and federal law include:

• Improper police procedure — such as delays in obtaining breath samples or lack of reasonable suspicion.
• Inaccurate testing equipment or operator error.
• Violation of Charter rights, including right to counsel under section 10(b).
• Medical explanations for physical symptoms mistaken for impairment.

Every case turns on its specific facts — from the timing of tests to the officer’s conduct during the stop.

Consequences Beyond the Courtroom

Even for first-time offenders, impaired driving can have long-term effects:

• Insurance surcharges that last for years.
• Employment restrictions, particularly for professional drivers or trades requiring fleet access.
• Travel limitations, as some countries (including the U.S.) deny entry to individuals with DUI convictions.
• Permanent criminal record, unless a record suspension (pardon) is later obtained.

For repeat or serious cases, the financial and personal consequences can far outweigh the initial penalties.

Public Safety and Alberta’s Zero-Tolerance Policy

Alberta takes a zero-tolerance approach to impaired driving among new and novice drivers (Class 7 or Class 5-GDL).

Any detectable alcohol or drug use while driving can result in:

• Immediate licence suspension.
• Fines.
• Mandatory education programs before reinstatement.

The focus is prevention — to reinforce safe driving habits early and reduce collisions related to impairment.

Conclusion

Alberta’s impaired driving laws are designed to deter risky behaviour, protect the public, and hold drivers accountable. Whether facing an administrative suspension or a full criminal charge, the consequences are serious and can affect nearly every aspect of your life.

If you’ve been stopped or charged with impaired driving in Edmonton, don’t face it alone. Legal advice can help determine whether police acted lawfully, whether testing was valid, and what defences may apply.

Cambria Law | Criminal Defence in Edmonton

At Cambria Law, we represent clients facing impaired driving charges and Immediate Roadside Sanctions across Alberta. Our team helps protect your rights, challenge evidence, and work toward fair outcomes — from first contact with police through reinstatement of your licence.

Contact us for confidential legal advice and practical next steps.