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What is the Alberta drivers' license suspension program?

The Alberta government has the right to issue an immediate Notice of Suspension/Disqualification to any driver who provides police with a blood or breath sample that shows an alcohol content of more than 80 milligrams percent. The government can also revoke driving privileges from individuals who refuse to submit to a toxicology or breath alcohol test. The government has the right to do this under the Traffic Safety Act.

That said, those who have been issued a drivers' license suspension will have grounds to appeal the suspension through the Traffic Safety Act's Section 39.2. Grounds for appeal should be based on the following criteria: 1) the individual did not have a blood alcohol content of more than 80 milligrams percent within three hours of driving his or her vehicle; 2) the individual did not consume an intoxicant at the time of driving the vehicle (be it alcohol, drugs, or a combination of the two) in a quantity that would impair driving inside a three-hour window of vehicle operation; and 3) the driver did not refuse to give a breath or toxicology sample to officers when requested at the time of vehicle operation .

An appeal of a drivers' license suspension can certainly be handled without the assistance of a qualified criminal defense lawyer in Alberta, but there is a lot that individuals will need to keep in mind in order to ensure that the appeal is filed appropriately. There are also small rules and regulations that could apply to unique circumstances, which could be used to help individuals or harm them in their pursuit of their appeal. As such, it may be helpful to consult with a legal counselor prior to filing an appeal to preserve a drivers' license and privileges.

Source: Government of Alberta, "Alberta Administrative Licence Suspension Program," accessed June 10, 2016

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