What Is the Legal Limit in Alberta?

What Is the Legal Limit in Alberta?

Alberta and other Canadian provinces are strictly enforcing Canada’s impaired driving laws, and the penalties upon conviction can be harsh. If you have been arrested and charged with impaired driving in Alberta, you need experienced legal representation on your side every step of the way.

If you have been charged with an alcohol-related offence, the knowledgeable lawyers at AIDD will be able to meet you to discuss the facts and circumstances of your arrest. Our lawyers can also help you formulate a good legal defence for your alcohol charge.

Blood Alcohol Concentration (BAC)

Blood alcohol concentration—or BAC—is a decimal figure expressing milligrams of alcohol per deciliter of blood. When it comes to BAC, Canada’s Criminal Code, establishes four limits:

Operating a motor vehicle while impaired by alcohol, regardless of BAC: This limit relates to a driver’s ability to perceive and react to what is happening around her to be able to safely operate a motor vehicle. Instead of or in addition to alcohol, a drug may impair a person.

BAC between 0.05 and 0.08 %: If you are found to have a BAC in this range, you may be subject to an immediate 3-day licence suspension and a 3-day vehicle seizure for a first-time offence. This offence does not result in a criminal record.

BAC greater than 0.08%: Under the law, there is a presumption that your ability to operate a motor vehicle is impaired if your BAC exceeds 0.08. Under this standard, the court does not have to find that you appeared drunk or impaired so as to convict you.

Driving with a BAC of more than 0.00 (any alcohol level), if you are a new Alberta driver with any form of Graduated Driver’s Licence: This standard sets forth a zero-tolerance policy for drinking and driving. Although there is no criminal charge associated with this limit, a first-time offence can result in an immediate 30-day licence suspension, a 7-day vehicle seizure, and a waiting period before a person can obtain a full licence.

Factors That May Influence a Person’s BAC Level

A person’s gender, body type, metabolism, pattern and amount of alcohol consumption, food intake, activity level, and the presence of other medications or drugs may affect BAC levels in a person’s system.

Possible Criminal and Civil Penalties

If you have been found guilty and convicted of impaired driving in Alberta, you may be subject to the following:

• Licence suspension;
• Licence revocation;
• Fines;
• Court-ordered restitution;
• Mandatory alcohol education courses;
• Mandatory ignition interlock installation; and
• A criminal record.

Contact an AIDD Lawyer Today for a Free Initial Consultation and Case Evaluation

Impaired driving charges and convictions are taken very seriously in Alberta. The lawyers at AIDD may be able to represent you in your case and minimize the effects of an impaired driving charge or conviction. To schedule a free consultation and case evaluation with an AIDD lawyer, please call us today at (403) 457-4415 or contact us online.