In the province of Alberta, a peace officer has the right to signal an individual operating a motor vehicle pursuant to the Traffic Safety Act and pursuant to the Criminal Code of Canada. Recent amendments to the Criminal Code permit an officer to make a Mandatory Alcohol Screening Demand requiring an individual to provide a sample of their breath into a road side screening device without any grounds to believe the person has been drinking. In some cases, the officer will need to have at least a "reasonable suspicion" of alcohol consumption to make a road side demand. Ultimately, a demand for the driver to accompany the officer to a police station or CHECK STOP van may be made to provide a sample of your breath into an actual Breathalyser machine. Additionally, due to changes to the Criminal Code, the demand may be to submit for a Drug Evaluation. It is important to have the ability to consult Counsel at this time to know your rights and options.
If you have been charged with a DUI in Edmonton it is important to contact Counsel as soon as possible. Your license will be automatically suspended pursuant to the Traffic Safety Act and there is a short window within which you have the right to challenge the Adminstrative License Suspension. Failur to act in time may prevent you from protecting your rights even if you are ultimately acquitted of the allegations. In addition, the penalties under the Criminal Code of Canada have substantially increased with the recent amendments. It is important that you consult with experienced Counsel to know your rights and how to protect them, get in touch with our lawyer today.
If you have been charged with drinking and driving, or careless operation of a motor vehicle, or fail to submit an acceptable breath sample, you shall be subject to the following fines upon conviction:
For the first offence: a minimum fine of $1,000; a minimum one-year driving ban.
For a second offence: a minimum prison term of 30 days; a minimum driving prohibition of two years.
For a third offence: a minimum prison term of 120 days; a driving ban lasting at least three years.
For legal guidance regarding driving offences, feel free to reach out to Robert M. Kassian.