Alberta Administrative Licence Suspension Program
Under the Traffic Safety Act, a driver charged with a drug and/or alcohol-related offence will be issued a Notice of Suspension/ Disqualification. This means a person who has provided a breath or blood sample over 80 milligrams percent, or refused a demand by a peace officer to provide a breath or toxicological (e.g. blood, urine) sample. Please read the AALS (pdf) fact sheet for some important information about the program.
Grounds for Appeal under Section 39.2 of the Traffic Safety Act:
- That you did not provide a breath or blood sample that was over 80 milligrams percent while you operated or had care or control of a motor vehicle or at anytime within 3 hours after having driven a motor vehicle.
- That you did not drive a motor vehicle having consumed a drug, alcohol or a combination of a drug and alcohol in such a quantity that your ability to operate the motor vehicle was impaired at anytime within 3 hours after having driven a motor vehicle.
- That you did not refuse a demand by a peace officer to supply a breath sample or a toxicological sample (e.g. blood, urine) while you operated or had care or control of a motor vehicle.
Appealing a Notice of Suspension/ Disqualification
Important things to remember if you are appealing your suspension/ disqualification:
- You must purchase an Application for Hearing at any Alberta Registry Agent office.
- There are two types of Appeal Applications, non-oral which requires a written submission ($125) or an oral, which requires a personal appearance before the Board ($250). In addition to the application fee, a Registry Agent fee will be charged.
- The application fee will be refunded only if the appeal is successful. However, the Registry Agent fee is not refundable, regardless of the Board’s decision.
- Pursuant to section 45 of the Traffic Safety Act, an Application for Hearing must be filed with the Board within 30 days of the suspension/ disqualification being issued. The issue date is on the bottom right side of the Notice of Suspension/ Disqualification.
- The original application must be sent to the Board. A fax will not be accepted.
- You must fill out the "Required Information" section and send a copy of the Notice of Suspension/ Disqualification form that was given to you by the peace officer, as well as a copy of the Certificate of Analyses if a breath sample was taken. Your application could be returned to you if you do not send a copy of these documents with your original Application for Hearing.
- Hardship will not be considered as a reason to cancel the suspension/ disqualification.
- Applying for a hearing does not affect your suspension/ disqualification. This remains in effect while the appeal process is taking place.
- Court decisions on related Criminal Code charges do not affect the Alberta Administrative Licence Suspension. This is provincial legislation and the suspension/ disqualification remains in effect until the Board rules on the appeal or the suspension/ disqualification expires.
- The Board will endeavor to hear the appeal of the suspension/ disqualification within 30 days of receiving the application.
- The Board will verbally notify the appellant or their legal counsel by telephone of the decision of the hearing and forward the written decision of the hearing via fax, email or mail at a later date.
For more information contact: (Monday to Friday, 8:15 a.m. - 12 noon; 1:00 p.m. - 4:30 p.m.)
|Alberta Transportation Safety Board
Main Floor, Twin Atria Building
4999 - 98 Avenue
Edmonton, Alberta T6B 2X3
Phone (780) 427-7178
Fax: (780) 422-9739
|Alberta Transportation Safety Board
Suit 302 Willow Park Centre
10325 Bonaventure Drive SE
Calgary, Alberta T2J 7E4
Fax: (403) 297-4139
|Toll Free in Alberta by first dialing 310-0000|