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Experts in Demerit Points, Licence Suspensions, Speeding Tickets and More!

With combined experience of over 30 years, Ticketz Canada has been the most trusted business by Alberta drivers, who value their drivers’ licences and their clean drivers’ records. Your Licence and Driving Record are among your most valuable assets. Trust the experts to protect you from demerit points, licence suspensions, IRS suspensions, and high fines. Don’t wait, you have a limited time to fight your charges, call today for a free consultation and find out how we can help you get back on the road sooner and for less money.

  • Specializing in:
  • Traffic Ticket Defence – All Charges Defended
  • Immediate Roadside Sanction Suspension (IRS) Appeals
  • Demerit Point Suspensions
  • Commercial Driver Defence
  • Youth and GDL Drivers Licence Matters
  • Notary Public and Commissioner of Oaths Services

A traffic violation can have a significant impact on your life, making it difficult to drive and putting your licence at risk. If you have been issued a Traffic Violation, it is important to understand how they work and how to fight them. At Ticketz Canada, we are experts in any Traffic Violation and can help you avoid a licence suspension. We will review your case and advise you on the best course of action, whether it is fighting the ticket or trying to negotiate a lesser sentence. We have a proven track record of success, and we will do everything we can to help you keep your licence. Contact us today to learn more about how we can help you fight Demerit Points.

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First Offence DUI in Alberta

In Alberta, driving while intoxicated (DUI) is a grave offense that carries heavy penalties for offenders. If this is your first offense, you probably don't know what these consequences will entail. It's crucial to understand the nuances of Immediate Roadside Sanction (IRS) penalties and defence tactics for first-time DUI offenders in Alberta in order to safeguard your rights and lessen the effects on your life.

We'll cover all you need to know about DUIs in Alberta for first-time offenders in this blog post. This site strives to give you the knowledge you need to make wise decisions and take the required precautions to protect yourself, whether you're looking for clarification on the repercussions of a DUI conviction or direction on how to handle the legal system when appealing an IRS administrative penalty.

You have just SEVEN DAYS as a first-time DUI offender to file an appeal against your IRS Penalty.

Understanding DUIs in Alberta

In Alberta, driving under the influence (DUI) is a serious crime that carries harsh penalties for offenders as well as an administrative penalty. It is imperative that drivers comprehend the laws and penalties related to driving under the influence in order to stay out of legal problems. The Traffic Safety Act and the Criminal Code of Canada are the main statutes that control DUI laws in Alberta. Operating a motor vehicle when under the influence of alcohol, drugs, or a combination of both is prohibited by these regulations. A number of methods, like as blood testing, breathalyzer tests, and law enforcement officers' observations, can be used to prove impairment. In Alberta, you can be given an Immediate IRS if an officer believes that you are driving under the influence of drugs or alcohol.

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Blood Alcohol Concentration (BAC) Limits

In Alberta, the legal limit for blood alcohol content (BAC) is 0.08%. This means that if you drive a motor vehicle and your BAC is higher than this level, you may face criminal DUI charges in addition to IRS charges. Furthermore, commercial drivers and rookie drivers (those with a learner's or graduated driver's license) in Alberta are subject to a zero tolerance policy, which means that any measurable amount of alcohol in their system can result in penalties.

Immediate Roadside Sanctions (IRS)

For the majority of driving offenses involving impairment, Alberta has substituted Immediate Roadside Sanctions (IRS) for criminal prosecutions. You might, however, also be charged with a crime for driving while intoxicated if you receive an IRS: FAIL administrative penalty. If a driver refuses or fails a roadside sobriety test, has a blood alcohol content (BAC) between 0.05% and 0.08% or higher, or is suspected of driving while intoxicated, the IRS permits law enforcement officials to apply immediate sanctions, including license suspensions and car seizures. IRS seeks to discourage driving while intoxicated and to punish violators quickly.

Ignition Interlock Program

As part of their punishment, some DUI offenders in Alberta may be obliged to participate in the Ignition Interlock Program. As long as they install an ignition interlock device in their car, participants in this program are permitted to drive for a portion of the time that their license is suspended. In order to verify sobriety, the device needs the driver to give a breath sample both before starting the car and on occasion while driving.

What are the Penalties for a First Offence DUI in Alberta

It's critical to comprehend the possible consequences if you've received an IRS or have been charged with a DUI for the first time in Alberta. Depending on the specifics of the incident, DUI sanctions in Alberta might include fines, license suspensions, required education courses, and even jail time. Let's examine the consequences in more detail for Albertans who get a DUI for the first time:

  • • IRS: FAIL
  • • IRS: WARN
  • • IRS: ZERO
  • • IRS: 24-Hour

It's critical to comprehend the ramifications and consequences associated with each of these penalties in the event that you acquire an IRS Administrative Penalty in Alberta.

First Offence DUI: IRS: FAIL

IRS FAIL fines apply if your blood alcohol content (BAC) is 0.08 or greater, or if you reject or fail a drug and alcohol test. These sanctions apply to a first offense and include:

Instantaneous two-stage, permanent driver's license suspension:

  • • you won't be allowed to drive for 90 days.
  • • 12-month suspension of your driver's license.
  • • 30-day car seizure period.
  • • a $1,000 fine and a 20% fee for victims.

The gravity of recurring offenses is highlighted by the increasing punishments for successive incidents.

First Offence DUI: IRS: WARN

If you fail a drug and alcohol sobriety test or if your blood alcohol content (BAC) is between 0.05 and 0.079, you may be subject to WARN penalties. For a first instance, you should anticipate:

  • • Immediate 3-day driver’s licence suspension.
  • • 3-day vehicle seizure.
  • • $300 fine plus victim surcharge of 20%.

First Offence DUI: IRS: ZERO

With a zero-tolerance policy for alcohol and drugs, there are special programs available for inexperienced drivers and commercial vehicle operators. Penalties for first offenses include fines, car confiscation, and an instant suspension of one's driver's license.

Commercial drivers face:

  • • An immediate 3-day driver’s licence suspension
  • • $300 fine plus a 20% victim surcharge

Novice drivers (those with a learner’s licence or Class 5 GDL):

  • • An immediate 30-day driver’s licence suspension
  • • 7-day vehicle seizure
  • • $200 fine plus a 20% victim surcharge

First Offence DUI: IRS: 24-Hour

A 24-hour driver's license suspension may be imposed if it is believed that drugs, alcohol, or a medical condition is impairing your ability to drive safely. You are immediately suspended and are not allowed to drive for the duration of the prescribed amount of time. You can request that Driver Fitness and Monitoring check your file in order to determine whether you are fit to drive if the suspension is due to a medical condition.

Which legal defenses are available in Alberta for a DUI on a first offense?

If you were arrested for DUI for the first time in Alberta, you probably feel anxious, afraid, and concerned about the consequences. Don't worry, you have seven days to file an appeal for your IRS DUI if you were given an administrative penalty for being a first-time offender. You can use a variety of defenses to file an appeal for your initial IRS DUI.

The following are a few of the most popular defenses to straight-forward roadside sanctions:

1. Failure to Provide a Second Test

People who take intoxilyzer (breathalyzer) or roadside tests have the right to ask for a retest in order to verify the accuracy of the first findings. A breach of correct procedure may give rise to the cancellation of the Administrative Penalty if this chance is not given, or if the opportunity's justifications are not properly disclosed and communicated in a timely manner.

2. Failure to Properly Identify the Driver, Time of Driving, or Operation of Motor Vehicle

One way to defend yourself from IRS charges is to contest the veracity or correctness of the details law enforcement has given about the driver's identity, the time they drove, or how the car was operated. Inconsistencies or discrepancies in the police's evidence can weaken their case against you.

3. Failure to Inform You of Your Right to a Roadside Appeal in Writing

People who are subject to IRS should be made aware of their written entitlement to a roadside appeal. It is improper procedure and may give rise to a challenge to the IRS's legitimacy if this information is withheld.

4. Failure to Make the Breath Demand or Take the Breath Test Properly

Accurate results from breathalyzer tests depend on how they are administered correctly. The findings of the breath test may be deemed void and grounds for challenging the Administrative Penalty may arise if law enforcement officials do not follow the established protocols when making the breath demand or administering the breath test.

5. Failure to Serve the Notice of Administrative Penalty

Individuals subjected to IRS should be served with a notice of administrative penalty detailing the sanctions imposed. Failure to serve this notice properly can be grounds for challenging the IRS.

6. Failure to Conduct the Correct Roadside Appeal

The IRS's legitimacy may be questioned if law enforcement officials carry out the roadside appeal procedure improperly, jeopardizing the agency's credibility.

7. Failure to Provide Complete Records

Those who are charged with driving while intoxicated are entitled to see certain case-related documents. Inability to produce these records may make it more difficult for you to put up a strong defense and may give rise to cancellation.

8. Failure to Use the Lowest Readings to Determine the Applicable IRS

The IRS penalties are based on the blood alcohol concentration (BAC) readings obtained from breathalyzer tests. Law enforcement officials may have reasons to cancel if they do not use the lowest values to determine the applicable IRS.

How Does a DUI Impact Your Driving Record?

Beyond the immediate penalties imposed by the court, a DUI conviction may have long-term repercussions. A conviction for DUI in Alberta results in a criminal record, which can hinder your ability to travel, find work, and even find housing. A DUI conviction also typically carries higher insurance costs and sometimes even a suspension of one's license. Your insurance rates will be impacted by both a criminal conviction and an IRS Notice of Administrative Penalty.

DUI Lawyer for First Offenders

It is imperative that you obtain legal counsel if you are facing charges of DUI for the first time or an IRS Notice of Administrative Penalty in Alberta. This will help to guarantee the best potential outcome for your case. An experienced DUI attorney can guide you through the legal system, assist you understand your rights, and help you create a defense plan that works for your particular situation. You can lessen the negative effects of a DUI conviction on your life and improve your chances of a successful conclusion by working with an experienced attorney.

Our Mission

Our Mission is to help protect your insurance rates and driving status by utilizing our knowledge and expertise to speak on your behalf in court.

Testimonials

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  • Marilyn is smart, prompt, skilled, and clearly cares about what she does. She did a great job for me. I couldn't be happier. Ted Greenhough

  • My life was a nightmare after one incident that couldve ended up with lots of legal difficluty and a big fine which I wasnt able to wrap my head around paying as I just moved provinces. Marilyn, what an amazing individual who went above and beyond her duty as my representative by taking the time to listen on my side and ensure me she will do everything she could to get me the best deal. Marilyn listened to me as if I were her family member by making sure I stay possitive and strong, she managed to end this disaster with a very minimal damage of a fine that will no longer affect my life for demerits, suspension or any further challenges. Strongly recommend Marilyn as she is one of the best lawyers I ever had represent me. Ryan Valizadeh

  • Marilyn is AMAZING. Not only did she help me through the situation, but she got me on a better path. She gave me TONS of advice and even showed up on my court date by herself as I was hard at work, and couldn’t make the date. She is an unbelievable person to work with, constantly keeping you informed. Ticketz Canada is the only place I will use and go to for traffic related offences. She is extremely understanding and great to talk to. Thanks Marilyn!! Austin Taillefer

  • Marilyn and the team were able to navigate the traffic court system with all it changes and get a resolution that benefited me with no points and lesser fine. This as a result did not impact my insurance and help me maintained a clean driving record. I would recommend their services for defence in traffic matters. Ron Ruggles

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