This release was issued under a previous government.

Alberta’s new, comprehensive impaired driving legislation aims to keep drivers who drink from getting behind the wheel by changing behaviours through enforcement balanced with education, prevention and monitoring. Bill 26, the Traffic Safety Amendment Act, 2011, was passed on December 6 to reduce collisions and needless deaths and injuries on Alberta’s roads.

“Impaired driving is preventable and Alberta will pursue coordinated actions that are proven to change behaviours when taken together,” said Minister of Transportation Ray Danyluk. “This legislation has sparked some important conversations around the province.  I encourage everyone to keep talking - keep talking to your spouses, to your sons and daughters, to your parents, to your friends, to your colleagues and to those important to you.”

In the coming months, government will work with partners to run a public education and awareness campaign to help Albertans prepare for the new law. 

The new law takes an integrated approach that builds on existing sanctions and education programs. The law reserves the strongest sanctions for repeat offenders and those who are criminally impaired with blood-alcohol content (BAC) over .08. It also expands existing sanctions for drivers impaired with BAC from .05 up to .08.  Repeat offenders will face progressively harsher penalties with each offence.  Accompanying changes will also be made to regulatory sanctions for new drivers who are found with any BAC in their system.

“This new legislation is one important step toward making Alberta’s roads safer,” said Minister of Justice and Attorney General Verlyn Olson. “It’s now up to all Albertans to take the next steps forward by making smart choices when it comes to drinking and driving and encouraging others to do the same.”

The new legislation focuses on creating stronger, safer communities and roads. An estimated 22 per cent of drivers in fatal collisions in Alberta last year had consumed some alcohol. Alcohol-related collisions resulted in 569 fatalities and 8,535 injuries over the last five years in Alberta. 

"This legislation will be a further tool to police to get drunk drivers off the road," said Jonathan Denis, Solicitor General and Minister of Public Security. "The tougher penalties target drunk drivers who repeatedly put us all at risk. Cracking down on high risk drivers is the right call for Alberta."

Information about the new law is available on the Alberta Transportation website at: www.transportation.alberta.ca. The Traffic Safety Amendment Act, 2011 is available on the Alberta Queen’s Printer website: www.qp.alberta.ca.

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Backgrounder: Changes to Alberta’s drinking and driving laws

Media inquiries may be directed to:


Donna Babchishin
Communications
Alberta Transportation
780-619-9523
780-415-1841

     

To call toll-free within Alberta dial 310-0000.

Backgrounder

Changes to Alberta’s drinking and driving laws

Why these changes?

An estimated 22 per cent of drivers in fatal collisions on Alberta’s roads last year were found to have consumed alcohol.

Alberta’s approach is based on research that impaired driving is a behavior that can change. Research also shows that no single action has as much impact as a multi-faceted approach that includes direct consequences that are immediate.  Education is also a critical component.

The strongest sanctions are reserved for repeat offenders and drivers with blood-alcohol content (BAC) over .08.  The existing sanctions (24-hour licence suspensions) for drivers impaired with a BAC from .05 up to .08 will be increased.  Related regulatory changes will place additional restrictions on new drivers.

Alberta’s approach does not include fines and demerits.  All costs are consequence-based and are paid by the driver.  Taxpayers will not pay for these individual sanctions.

What are the changes for drivers with Criminal Code charges (BAC over .08)?

Current

  • Immediate 24 hour licence suspension followed by
  • 21 day grace period followed by
  • 90 day licence suspension
  • 6 month ignition interlock mandatory for repeat offences and most serious offences

New

  • First conviction - Immediate licence suspension sustained until the criminal charge is resolved, 3 day vehicle seizure
  • Second and subsequent convictions - Immediate licence suspension sustained until the criminal charge is resolved, 7 day vehicle seizure
  • Addictions assessment may be required.
  • Mandatory use of ignition interlock device after criminally convicted of impaired driving:
    • First conviction - 1 year
    • Second conviction - 3 years
    • Third and subsequent convictions - 5 years

What are the changes for drivers with a BAC from .05 up to .08?

Current

  • 24 hour licence suspension

New

  • First offence - Immediate 3 day licence suspension, 3 day vehicle seizure
  • Second offence - Immediate 15 day licence suspension, 7 day vehicle seizure, remedial course, may be required to attend a hearing with the Alberta Transportation Safety Board
  • Third and subsequence offences - Immediate 30 day licence suspension, 7 day vehicle seizure, remedial course, mandatory hearing with the Alberta Transportation Safety Board

What are the related regulatory changes for new drivers?

Current

  • Immediate 24 hour licence suspension followed by
  • 7-day grace period followed by
  • 30 day licence suspension

New

  • First and subsequent offences - 30 day licence suspension is now immediate, 7 day vehicle seizure

Are Alberta’s changes the toughest in Canada?

The changes to Alberta’s drinking and driving laws target high risk groups like repeat offenders and new drivers, and include meaningful warnings for early offenders.

These changes are not the toughest in Canada with regard to fines - Alberta’s changes do not include fines or demerits. Also, Saskatchewan has the lowest or toughest level at which penalties are issued, with sanctions beginning at a blood alcohol concentration of .04. Alberta’s approach is targeted, coordinated and comprehensive. Many other provinces have similar, increased sanctions for drinking and driving.

Why has government introduced stronger penalties for drivers with a blood alcohol concentration of .05 or greater?

Studies show that a blood alcohol concentration of .05 affects a driver’s vision, response time, steering, braking and attention. Tougher administrative penalties for drivers with a blood alcohol concentration of .05 or greater serve as a form of early intervention and will provide an opportunity for these drivers to get the help they need and to avoid future criminal charges. These penalties help to change behaviour and have been shown to lead to an overall reduction in the number of drivers over .08. 

Why don’t drivers receive a 24-hour suspension for the first offence?

The current 24 hour suspension is not making the impact it should - it is not changing behaviour. A person faces no consequence for getting repeated 24-hour suspensions for driving at a dangerous BAC level, no matter how many suspensions they get. We need more meaningful sanctions applied early so that this is not repeated.

Does this mean I cannot have a drink with dinner?

While this does not prevent you from enjoying a drink over dinner or with friends after work, a blood-alcohol content of .05 is the point at which you are not fit to drive.

Can I appeal a licence suspension or a vehicle seizure?

If your licence is suspended for more than three days, you can appeal the suspension through the Alberta Transportation Safety Board. Vehicle seizures occurring as a result of a second, third or subsequent offence can also be appealed through the Alberta Transportation Safety Board.

What is the role of the Alberta Transportation Safety Board?

The Alberta Transportation Safety Board is an independent, quasi-judicial body that hears appeals. The Board’s members live in the community in which the hearing is held and come from a variety of backgrounds, for example, members may be teachers, former lawyers or ex-police members.

What is an approved screening device?

An approved screening device is a portable piece of equipment used at the roadside by a law enforcement officer to test for alcohol. These carefully calibrated, stringently evaluated devices provide a scientific assessment of a driver’s blood alcohol concentration. A driver can request a second breath test on a second device.

How will these changes affect the hospitality industry?

We consulted with the hospitality industry - the Canadian Restaurant and Foodservices Association was one of the stakeholders around the table. Stakeholders discussed the need for government and industry to both play a role in educating consumers.

We are not advising Albertans to refrain from drinking - we are saying do not drink and drive. We want everyone to plan ahead and to exercise personal responsibility when drinking.

The hospitality industry plays an important role in responsible drinking. More than 140,000 Albertans working in licensed premises have been trained in identifying and working with people who may be impaired.

Will the recent decision about BC’s law affect Alberta?

Alberta will still be proceeding with its new law and there is no apparent effect on the Alberta legislation. Alberta studied other jurisdictions closely in the development of its legislation to learn from both the challenges and benefits of other approaches. Alberta’s law does not include fines or demerits, and it incorporates an appeal process.

Why did government move this legislation through now?

This legislation has been in the works for a number of years and was underway when Premier Redford was the Minister of Justice and Attorney General. The Traffic Safety Plan partners have been instrumental in shaping Alberta’s approach. Sanctions for this range of impairment have been in place for some time. Alberta is simply enhancing these sanctions and ensuring that sanctions for the criminally impaired are substantially increased.

In addition to the research, Alberta’s Traffic Safety Plan has shown that leadership by government and its partners can change behaviours behind the wheel. The sooner the legislation is implemented, the sooner Alberta can improve the safety for Albertans and visitors using our roads.

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“Impaired driving does not discriminate. It can affect all of us - whether you are young or old, whether you are a motorist, passenger or pedestrian, or whether you are close to someone who was in a tragic accident.”
- Ray Danyluk, Minister of Alberta Transportation

Media inquiries may be directed to:


Donna Babchishin
Communications
Alberta Transportation
780-619-9523
780-415-1841

     

To call toll-free within Alberta dial 310-0000.