Licence Suspension After a DUI in Alberta: Why Early Defence Matters
Losing your driver’s licence after a DUI (impaired driving) charge in Alberta can feel like your whole life is suddenly on hold. Your ability to work, care for your family, or even run errands disappears overnight. But getting your licence back is possible, but it isn’t automatic. There are specific steps and conditions you need to understand before you apply.
If you’re facing this situation, having an experienced criminal defence lawyer on your side can make all the difference. And at Patmore Defence, our focus is on defending impaired driving and Immediate Roadside Sanction (IRS) matters, with the goal of preventing licence loss where possible and minimizing long-term consequences when a suspension has already occurred.
Why Your Licence Would Be Suspended First Place
In Alberta, impaired driving charges trigger licence suspensions both administratively and criminally. Under the province’s Immediate Roadside Sanctions (IRS) and Traffic Safety Act regimes, police can suspend your licence right at the roadside if you fail or refuse a breath or drug test. These suspensions can last 90 days or more, and in many cases, participation in Alberta’s Ignition Interlock Program is required before you drive again.
Beyond the administrative suspension, a criminal conviction for DUI results in a mandatory licence disqualification (typically one year for a first offence) and often conditions that must be satisfied before reinstatement.
Another important point to note is that your licence is not returned after a DUI suspension ends. Alberta’s system is designed to ensure you have met all legal and administrative requirements before you’re back on the road.
Additional Legal Consequences
Under Alberta’s Provincial Administrative Penalties Act, repeat offenders, impaired drivers who cause bodily harm or death, and cases involving severe aggravating factors may also face criminal charges in addition to the IRS penalties.
This can lead to further legal consequences, including imprisonment, lengthy driving suspensions, and a permanent criminal record.
Navigating Alberta’s impaired driving laws can be challenging, especially with the severe penalties involved. If you are facing an IRS suspension or DUI charge, it's crucial to consult with a legal professional who specializes in Alberta's DUI laws to ensure that your rights are protected.
Criminal Impaired Driving Charges
Licence suspensions can also result from criminal driving charges, including impaired operation, over 80, or refusal offences under the Criminal Code. A conviction carries mandatory driving prohibitions, often starting at one year for a first offence, with escalating penalties for subsequent convictions.
This is where a criminal defence plays a critical role. Successfully defending or resolving a criminal driving charge can mean the difference between keeping your licence and facing long-term driving prohibitions.
Why You Should Get Legal Help
At Patmore Defence, the focus is on early, strategic intervention. Defending impaired driving cases is not just about trial — it involves scrutinizing every step of the investigation, including:
The legality of the traffic stop
The administration and reliability of breath or drug tests
Compliance with Charter rights, including the right to counsel
Police procedures and disclosure issues
Whether the roadside or evidentiary thresholds were properly met
In IRS matters, defence work may involve challenging how the demand was made, whether testing protocols were followed, or whether the sanction was lawfully imposed. In criminal cases, a strong defence can result in charges being withdrawn, reduced, or resolved without a conviction — directly protecting a client’s driving privileges.
Why Early Legal Advice Is Critical
Too often, drivers wait until after a suspension is imposed before seeking legal help — by then, options may already be limited. Speaking with a defence lawyer as soon as possible after an impaired driving allegation allows for a proactive strategy to protect your licence, rather than just reacting to its loss.
Protect Your Rights After a DUI
If you’re dealing with a licence suspension linked to an impaired driving charge in Alberta, you don’t have to navigate a complex, frustrating process on your own. Early legal support can protect your rights and help expedite your return to driving.
Ryan Patmore has been protecting the rights of individuals charged with impaired driving across Alberta for years. Impaired driving laws are complex and constantly evolving.
Book a free consultation with us today and get a clear plan for regaining your driver’s licence and protecting your future.