CRIMINAL LAW

DUI & Impaired Driving

Charged with Refusal of the Breathalyzer Test in Edmonton?

If you have been stopped for driving dangerously and the officer suspects you have been drinking, you will be asked to submit to a breathalyzer test to measure your BAC (blood alcohol content). While it is within your rights to refuse this test, under Alberta law you can be charged for that refusal. If you have been detained by law enforcement under suspicion of impaired driving due to alcohol and have refused to provide a breathalyzer sample to determine your BAC, call the skilled impaired driving defence lawyers at Haryett & Company today.

What if I Refuse the Breathalyzer?

The officer will assume the worst about your condition of impairment. While in court, you will have a limited defence to their subjective judgment of your state and ability to operate a motor vehicle. Your driver’s license may be suspended or cancelled if you’re stopped by law enforcement and you fail to comply with a demand, for example refusing a breath test or Standard Field Sobriety Test (SFST).


Charges for Impaired Driving in Alberta

Tougher consequences at the .05 to .08 level are intended to discourage drinking and driving before drivers reach the criminally impaired level.

For drivers with Blood Alcohol .05 to .08:

  • 1st offence: immediate 3-day licence suspension and 3-day vehicle seizure.
  • 2nd offence: immediate 15-day licence suspension, 7-day vehicle seizure, “Planning Ahead” course.
  • 3rd offence: immediate 30-day licence suspension, 7-day vehicle seizure, “Impact” course.

For drivers with blood alcohol content over .08 it is a criminal charge, and you will receive an immediate license suspension which is sustained until the criminal charge is resolved:

  • 1st charge: sustained licence suspension and 3-day vehicle seizure, “Planning Ahead” course.
  • 2nd charge: sustained licence suspension, 7- day vehicle seizure, “Impact” course.
  • 3rd charge: sustained licence suspension, 7-day vehicle seizure, “Impact” course.

Mandatory Ignition Interlock after Criminal DUI Conviction

  • 1st conviction: 1 year 
  • 2nd conviction: 3 years
  • 3rd conviction: 5 years

There is a zero-tolerance impaired driving policy for GDL drivers in Alberta. For any GDL driver that undergoes a breathalyzer and registers a BAC of over .00 will face an immediate 30-day license suspension and 7-day vehicle seizure.


Prepare Your Defence Today

Our impaired driving defence team will defend you in court for refusing to take the breathalyzer at a police check or during a traffic stop. We are here to help you through this complex and stressful process, and will work tirelessly to achieve the fairest resolution to your case.

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1-877-716-5317

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Haryett & Company
100-9924 106 Street NW
Edmonton, AB T5K 1C4

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