Immediate Roadside Suspension Lawyer Calgary

In December 2020, Alberta revised its approach to sanctioning drivers suspected of driving under the influence of alcohol or drugs through Alberta Saferoads. Rather than issue a summons and pursue a criminal charge, the new law authorizes police officers to suspend a driver’s licence and impose a fine without appearing before a judge or even being confronted with the evidence. Police are not obligated to perform blood or urine tests. Sanctions can be imposed by an officer based on roadside sobriety tests and the officer’s opinion based on observation. Branded as a way to enforce the driving laws without diverting precious judicial resources and time, the Immediate Roadside Sanction does afford a right to appeal. But to preserve this important procedure, you must act quickly.

The Alberta Saferoads legislation decriminalizes many driving offences. However, you might also face a separate criminal charge depending on the results of any blood or urine tests performed at the police station, your prior criminal record, or whether there were children in the car at the time of detention.

Losing your driver’s licence can have catastrophic consequences for you and your family. Therefore, it is essential to consult with an experienced immediate roadside suspension lawyer to preserve your right to appeal and your driving privileges. At Bulwark Law, our lawyers know how to defend your driving rights with professionalism and efficacy.

What is Immediate Roadside Suspension in Calgary?

Alberta Saferoads legislation authorizes a police officer in Alberta to stop your motor vehicle, administer a series of roadside screening tests, and evaluate those results on the spot. If the officer believes you are driving while under the influence of alcohol or drugs, he or she can suspend your driver’s licence for a period of time up to lifetime suspension and impose a fine of up to $2000. These sanctions can be imposed without any court appearance or opportunity to review the evidence the officer gathered upon which any sanctions were based

There is a right to appeal, but the appeal must be filed, along with a $150 fee, within seven days of the event.

If you or a family member has lost a driver’s licence to immediate roadside suspension, you should retain an immediate roadside suspension lawyer as soon as possible to preserve your rights.

What Are the Potential Consequences of an Immediate Roadside Suspension Charge?

There are five different sanctions that a police officer can impose under this new legislation.

• 24-Hour Sanction: A police officer suspecting a driver of impaired driving due to alcohol or drug consumption can impose:
  • a 24-hour immediate suspension
  • seize your vehicle for 24 hours, and
  • seize your licence for 24 hours
• Novice Sanction: For new drivers with a learner’s permit or probationary licence, being suspected of driving under the influence can result in immediate sanctions:
  • • 30-day immediate driving suspension
    • 7-day vehicle seizure
    • $200 fine plus a victim fine surcharge
    • Reinstatement conditions imposed on the return of your licence
• Commercial Sanction: Drivers with commercial licences are subject to sanctions if suspected of DUI that will impede their ability to maintain their jobs and support their families. At the roadside a, police officer can impose:
  • • 3 to a 30-day driving suspension
    • $300 to $1200 fine plus a victim fine surcharge
    • Reinstatement conditions imposed on the return of your licence
• Warn Sanction: Driving with any alcohol or drugs in your system is dangerous, and the warning sanction is available when driving with some alcohol or drugs in your system—0.05 to 0.79, but not enough to be legally impaired—over 0.08. Depending on whether this is a first offence or a repeat, an officer can impose:
  • • 3 to a 30-day driving suspension
    • Seizure of your vehicle for up to 7 days
    • $300-$1200 fine plus a victim fine surcharge
    • Required attendance in an education course
• Fail Sanction: By failing an alcohol or drug test or by refusing to take one roadside, the arresting officer has the authority to impose:
  • • 90-day driving suspension
    • Seizure of your vehicle for up to 30 days
    • $1000 to $2000 fine plus a victim fine surcharge
    • Required participation in the Ignition Interlock Program for 12 months, 36 months, or a lifetime
    • Required attendance in an education course

Criminal sanctions are also available under these circumstances. However, the criminal prosecution is separate, so these roadside sanctions require a separate and immediate appeal within the 7-day threshold.

How Can an Immediate Roadside Suspension Lawyer Help You?

When facing the consequences of a licence suspension, you don’t want to try to represent yourself. Instead, you should remain silent and hire an experienced immediate roadside suspension lawyer as soon as possible to protect your rights and file your appeal for any roadside sanctions.

A skilled immediate roadside suspension lawyer can investigate the police to challenge their methods and how they secured evidence and witness testimony. Additionally, an experienced immediate roadside suspension lawyer can negotiate with the SafeRoads Alberta bureaucrats to lessen sanctions.

When SafeRoads Alberta officials are facing defence lawyers with a strong record of success, they are more likely to consider withdrawal or lessening of sanctions. Bulwark Law has the legal acumen and history of success that you need.

Contact Bulwark Law Today

Your economic livelihood is at stake when facing immediate roadside sanctions. Bulwark Law can help. Our lawyers are knowledgeable, experienced, and tenacious. We have a record of fierce representation combined with a thorough understanding of motor vehicle laws, criminal law and procedure. Call us at 403 678 7360 or contact us online to arrange your free initial consultation.