Edmonton DUI Defense

Frequently Asked Questions

What happens when I’m stopped for DUI?

When stopped for DUI:

• Officer observes driving behavior – Looking for signs of impairment
• Field sobriety tests may be requested – Standardized tests to check coordination
• Breath demand can be made – Legal requirement to provide sample
• Vehicle may be seized – Immediate impoundment possible
• License may be suspended – Administrative penalty
• Criminal charges may be laid – If evidence of impairment exists

How long will my license be suspended?

License suspension depends on:

• First or repeat offense – Longer for repeat offenders
• Blood alcohol level – Higher levels mean longer suspensions
• Refusal to provide sample – Similar to high blood alcohol
• Previous suspensions – History affects duration
• Criminal conviction – Additional suspension time
• Administrative penalties – Immediate roadside suspensions

What are the penalties for DUI?

DUI penalties include:

• Criminal record – Permanent unless pardoned
• License suspension – Varies by offense
• Fines and surcharges – Minimum $1,000 for first offense
• Ignition interlock – Required for some offenders
• Vehicle seizure – Immediate impoundment
• Possible jail time – Mandatory for repeat offenses

Can I fight the breath test results?

Breath test results can be challenged based on:

• Machine calibration – Must be properly maintained
• Operator training – Must be certified
• Testing procedures – Must follow protocol
• Maintenance records – Must be up to date
• Technical issues – Equipment problems
• Charter violations – Rights violations

What is an ignition interlock?

Ignition interlock:

• Breath testing device – Installed in vehicle
• Required for driving – Must use to start car
• Regular calibration – Monthly maintenance
• Monthly reporting – Results sent to authorities
• Cost to user – Installation and maintenance fees
• Time limited – Required for specific period

How long does a DUI stay on my record?

DUI record duration:

• Criminal record: Permanent – Unless pardoned
• Driving record: 10 years – On Alberta driving abstract
• Can be pardoned – After waiting period
• May affect insurance – Higher premiums
• Travel restrictions – Some countries may deny entry
• Employment impacts – May affect certain jobs

What is the difference between criminal and administrative penalties?

Criminal penalties:

• Court imposed – After conviction
• Criminal record – Permanent mark
• Possible jail time – For serious offenses
• Higher fines – More severe penalties
• Longer suspensions – More serious consequences
• More serious consequences – Long-term impacts

Administrative penalties:

• Immediate effect – At roadside
• No criminal record – Administrative only
• License suspension – Immediate
• Vehicle seizure – At roadside
• Shorter duration – Less severe
• Separate from court – Different process

Can I get a pardon for DUI?

Pardon process:

• Wait required time – 5 years for summary conviction
• Complete application – Detailed paperwork
• Pay fees – Application costs
• Show rehabilitation – Evidence of change
• No new charges – Clean record required
• Good conduct – Demonstrate improvement

What happens if I refuse a breath test?

Refusing breath test:

• Criminal charge – Similar to DUI
• License suspension – Immediate penalty
• Similar penalties – As impaired driving
• Must show reason – For refusal
• Can be challenged – In court
• Get legal help – Important to consult lawyer

How do I get my license back?

License reinstatement:

• Wait suspension period – Complete full term
• Complete requirements – All conditions
• Pay reinstatement fee – Required payment
• Possible interlock – If ordered
• Driver improvement – May need course
• Clean record – No new offenses

What is a temporary driving permit?

Temporary permit:

• Limited driving privileges – Specific purposes
• Specific purposes only – Work, medical, etc.
• Strict conditions – Must follow rules
• Time limited – Short duration
• Must be approved – By authorities
• Requires application – Formal process

How does DUI affect my insurance?

Insurance impacts:

• Higher premiums – Significant increase
• Possible cancellation – By insurer
• High-risk category – Special classification
• Limited providers – Fewer options
• Long-term effects – Lasts for years
• Cost increases – Substantial

What should I do if charged with DUI?

If charged with DUI:

• Contact lawyer immediately – Time is critical
• Document everything – Keep records
• Note deadlines – Important dates
• Don’t discuss case – With anyone but lawyer
• Follow conditions – Strictly
• Get legal help – Professional assistance

What are the penalties for DUI in Edmonton?

Penalties vary based on offense:

• First offense: Minimum $1,000 fine, 1-year license suspension, mandatory education program
• Second offense: Minimum 30 days jail, 3-year license suspension, mandatory ignition interlock
• Third offense: Minimum 120 days jail, lifetime license suspension, permanent criminal record
• Additional penalties may include:
  • Ignition interlock device – Required for 1-5 years depending on offense
  • Vehicle seizure – Immediate 7-day impoundment
  • Mandatory education programs – DUI education and treatment
  • Criminal record – Permanent unless pardoned
  • Increased insurance costs – Significant premium increases
  • Travel restrictions – May affect international travel
  • Employment impacts – May affect certain jobs
  • Alberta-specific programs – Local rehabilitation requirements
  • Edmonton court procedures – Local sentencing practices
  • Provincial regulations – Alberta-specific penalties

How long does a traffic ticket stay on my record?

In Alberta:

• Minor violations: 3 years from conviction date
• Major violations: 5 years from conviction date
• Criminal convictions: Permanent unless pardoned
• Demerit points: 2 years from offense date
• Insurance impact: May affect rates for 3-6 years
• Driver’s abstract: Shows for specified periods
• Employment checks: May be visible to employers
• Commercial licenses: Different retention periods
• Alberta-specific rules: Provincial regulations apply
• Edmonton procedures: Local court practices
• Point system: Alberta demerit point rules
• License renewal: Impact on renewal process

Can I fight a traffic ticket in Edmonton?

Yes, you can:

• Request a trial – Must be done within 30 days
• Challenge the evidence – Question officer’s observations
• Present your defense – Bring witnesses and evidence
• Cross-examine the officer – Question their testimony
• Appeal the decision – If convicted, can appeal to higher court
• Consider legal representation – Lawyer can help with defense
• Review disclosure – Get officer’s notes and evidence
• Prepare thoroughly – Gather all relevant information
• Know the law – Understand relevant traffic laws
• Alberta-specific procedures – Follow local court rules
• Edmonton court practices – Local trial procedures
• Provincial regulations – Alberta traffic laws

What happens if I get caught driving with a suspended license?

Consequences include:

• Additional suspension time – Added to existing suspension
• Vehicle seizure – Immediate 7-day impoundment
• Possible jail time – Up to 6 months for first offense
• Increased fines – Minimum $2,000 fine
• Criminal charges – Possible criminal record
• Insurance issues – May be denied coverage
• License reinstatement – More difficult process
• Alberta-specific penalties – Provincial regulations
• Edmonton court procedures – Local sentencing
• Provincial laws – Alberta Traffic Safety Act
• Commercial licenses – Additional restrictions
• Future applications – Impact on future license applications

How do I get my license back after a DUI suspension?

Process includes:

• Complete suspension period – Must serve full term
• Pay reinstatement fee – Required payment to Alberta Transportation
• Complete required programs – DUI education and treatment
• Install ignition interlock – If ordered by court
• Pass driver’s exam – If required by authorities
• Provide proof of insurance – Must show valid coverage
• Submit application – Complete required forms
• Wait for processing – Can take several weeks
• Alberta-specific requirements – Provincial regulations
• Edmonton procedures – Local reinstatement process
• Provincial programs – Alberta-specific requirements
• Documentation needed – Required paperwork

What is an ignition interlock device?

A device that:

• Tests breath for alcohol – Must be alcohol-free to start
• Prevents vehicle start if alcohol detected – Safety feature
• Required for some DUI offenders – Court-ordered installation
• Must be installed by approved provider – Certified technicians
• Regular maintenance required – Monthly calibration
• Records all attempts – Creates log of usage
• Random retests while driving – Must provide samples
• Monthly reporting – Results sent to authorities
• Alberta-specific requirements – Provincial regulations
• Edmonton providers – Local installation options
• Cost considerations – Installation and monthly fees
• Program duration – Typically 1-5 years

Can I get a work permit while my license is suspended?

Yes, if you:

• Meet eligibility requirements – Must show need for driving
• Complete application – Detailed paperwork required
• Pay required fees – Application and processing costs
• Follow permit conditions – Strict rules apply
• Maintain clean driving record – No further violations
• Show employment need – Must prove work requirement
• Provide employer documentation – Proof of employment
• Limited driving privileges – Only for work purposes
• Alberta-specific rules – Provincial regulations
• Edmonton procedures – Local application process
• Permit duration – Limited time period
• Regular reporting – Must follow conditions

What is the difference between a traffic ticket and a criminal charge?

Traffic tickets:

• Provincial offenses – Under Alberta Traffic Safety Act
• Usually fines only – No jail time typically
• No criminal record – Provincial offense only
• Handled in traffic court – Provincial Court
• Demerit points apply – Affects driving record
• Insurance impact – May increase premiums
• Alberta-specific procedures – Provincial rules
• Edmonton court practices – Local procedures
• Appeal process – Different from criminal
• Resolution options – Various ways to handle
• Payment options – Flexible arrangements
• Record retention – Limited time period

Criminal charges:

• Federal offenses – Under Criminal Code
• Possible jail time – More serious consequences
• Criminal record – Permanent unless pardoned
• Handled in criminal court – More formal process
• Higher penalties – More severe consequences
• Long-term impacts – Affects many aspects of life
• Alberta-specific procedures – Provincial rules
• Edmonton court practices – Local procedures
• Legal representation – Right to lawyer
• Trial process – More complex procedures
• Sentencing options – Various possible outcomes
• Appeal rights – Different process

How do I check my demerit points?

You can:

• Check online through Alberta Transportation – Most convenient
• Request driver’s abstract – Official record
• Visit registry office – In-person service
• Call Alberta Transportation – Phone service
• Review insurance documents – May show points
• Check renewal notices – Annual updates
• Alberta-specific system – Provincial rules
• Edmonton services – Local registry offices
• Point calculation – How points are assigned
• Impact on license – When action is taken
• Point reduction – How points decrease
• Commercial licenses – Different rules apply

What happens if I miss my court date for a traffic ticket?

Consequences include:

• Automatic conviction – Guilty by default
• Additional fines – Late payment penalties
• Possible warrant – For arrest
• License suspension – Administrative action
• Difficulty rescheduling – Limited options
• Insurance impact – May affect rates
• Alberta-specific rules – Provincial regulations
• Edmonton procedures – Local court practices
• Reinstatement process – How to fix situation
• Payment options – Available arrangements
• Legal advice – Recommended course of action
• Future applications – Impact on future matters

Can I get a reduced fine for a traffic ticket?

Possible through:

• Early payment discount – Pay within specified time
• Alternative measures – Diversion programs
• Negotiation with prosecutor – Before trial
• Trial outcome – If found not guilty
• Special circumstances – Hardship cases
• Payment plans – Installment arrangements
• Alberta-specific options – Provincial programs
• Edmonton procedures – Local practices
• Legal representation – Lawyer can help
• Documentation needed – Proof of circumstances
• Application process – How to apply
• Eligibility criteria – Who qualifies

What is the difference between careless and dangerous driving?

Careless driving:

• Provincial offense – Under Traffic Safety Act
• Lower penalties – Fines and demerits
• No criminal record – Provincial only
• Usually fines only – No jail time
• Insurance impact – May increase rates
• Demerit points – 6 points
• Alberta-specific rules – Provincial regulations
• Edmonton procedures – Local practices
• Defense options – Various strategies
• Resolution process – How to handle
• Appeal rights – Limited options
• Record retention – 3 years

Dangerous driving:

• Criminal offense – Under Criminal Code
• Higher penalties – Possible jail time
• Criminal record – Permanent unless pardoned
• Possible jail time – Up to 5 years
• Serious consequences – Long-term impacts
• License suspension – Administrative action
• Alberta-specific procedures – Provincial rules
• Edmonton court practices – Local procedures
• Legal representation – Right to lawyer
• Trial process – More complex
• Sentencing options – Various outcomes
• Appeal rights – Different process

How do I appeal a traffic court decision?

Process involves:

• File notice of appeal – Within 30 days
• Pay appeal fee – Required payment
• Prepare appeal materials – Written submissions
• Attend appeal hearing – Present case
• Follow court procedures – Strict rules apply
• Get legal advice – Recommended
• Alberta-specific rules – Provincial regulations
• Edmonton procedures – Local practices
• Documentation needed – Required evidence
• Time limits – Strict deadlines
• Hearing process – What to expect
• Possible outcomes – Various results

What is a roadside suspension?

An immediate suspension that:

• Can be issued at roadside – By police officer
• No court hearing required – Administrative action
• Based on officer’s assessment – Professional judgment
• Can be appealed – Limited time to do so
• Has specific duration – Varies by offense
• Vehicle seizure – Immediate impoundment
• Alberta-specific rules – Provincial regulations
• Edmonton procedures – Local practices
• Appeal process – How to challenge
• Documentation needed – Required proof
• Reinstatement process – How to get back
• Impact on record – Long-term effects

How do I get my vehicle back after it’s been seized?

Process includes:

• Complete seizure period – Must wait full time
• Pay towing/storage fees – All costs must be paid
• Provide valid license – Must be eligible to drive
• Show proof of insurance – Valid coverage required
• Follow release procedures – Specific steps
• Documentation needed – Required paperwork
• Alberta-specific rules – Provincial regulations
• Edmonton procedures – Local practices
• Payment options – Available arrangements
• Storage locations – Where to find vehicle
• Release conditions – Must be met
• Future implications – Impact on record