Muenz Law Office Calgary Criminal Defence Lawyer

How do I get my license back once suspended?

The Administration License Suspension Program will automatically suspend your driver's license if you are criminally charged with impaired driving. The suspension begins immediately when you are charged. Qualifications for suspension include operating a vehicle while impaired, refusing to take a breathalyzer test, failing a breathalyzer test and/or causing bodily harm or death to someone while driving impaired.

When you are charged with impaired driving, your vehicle will also be seized. If it is the first offense within 10 years, it will be seized for just three days. If it is a second or subsequent offense within a 10-year period, the seizure of the vehicle will be for 7 days.

Can I appeal the driver's license suspension or the vehicle seizure? Yes, you can appeal a suspension. Instructions for doing so are on the reverse side of your Notice of Suspension/Disqualification form. Appealing via a written hearing will cost $125, or you can request an in-person hearing, which will cost $250. This is done by purchasing one of the applications from an Alberta registry agent.

An Alberta Registry agent can also provide applications to appeal the vehicle seizure, which is a separate appeal from the license suspension appeal. Any person who owns the vehicle or has an interest in the vehicle can apply to have it released early. Again, there are fees that will be charged for the appeal.

Appeals must be made within 30 days of the suspension of license or vehicle seizure. There must be reason to appeal an impaired driving suspension or seizure, such as a denial of the charges. You may seek legal assistance for your appeal or your attempt to have the charges eradicated.

Source: Alberta Transportation Safety Board, "Alberta Administrative Licence Suspension Program," accessed Jan. 22, 2016

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Muenz Law Office Calgary Criminal Defence Lawyer

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