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Administrative License Suspensions

Can the police take away my licence before I go to court?
Yes, Alberta’s Traffic Safety Act gives the police the power to take your licence and destroy it once you have been charged with specific crimes.

What are those specific crimes?
They are from the Criminal Code -  driving while impaired by alcohol or drugs; driving with more than eighty milligrams of alcohol in one hundred millilitres of your blood; failing or refusing to provide a sample (of breath or blood). The police do not need to wait for you to go to court.

Losing my licence before going to court – what is that called?
It is called an “administrative licence suspension” – police, lawyers and judges often use that term.

I have an administrative licence suspension - how long do I go without a licence?
An administrative license suspension is a minumum of three months.

Can my administrative licence suspension last longer than three months?
Yes, it can be longer.

What can make my administrative licence suspension last longer than three months?
The facts around your charge can lengthen your licence suspension. For example, were you also involved in an accident causing bodily harm or death? If so, your licence is automatically suspended for at least three more months. Previous convictions can also lengthen your suspension – specifically, any convictions for impaired driving, for driving over 0.8 or for refusing or failing to provide a sample. A lawyer can advise you on legal length of your suspension.

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21-day Temporary Driving Permits

What if I need to keep driving after my licence is suspended?
You can ask the police officer for a 21-day temporary driving permit. Depending on the circumstances, the officer may or may not give you a temporary driving permit.

If I get a temporary driving permit, what happens after its 21 days end?
Your administrative licence suspension starts once the 21 days end.

What if I hand in my temporary driving permit before its 21 days end?
If you hand it in early, then your administrative licence suspension starts early.

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Ending Your Administrative License Suspension Early

If my charges are dropped or the court finds me not guilty, then my administrative licence suspension ends automatically, right?
No. Your licence suspension ends at the time indicated on your Notice of Suspension or Disqualification, provided by the police.

How do I get my administrative licence suspension to end early?
To get it to end early, you must appeal to the Transportation Safety Board. The appeal deadline is 30 days after your Notice of Suspension or Disqualification was issued. A lawyer can advise you on when to appeal your suspension and whether you should appeal.

What if my court process is not finished – will my appeal of my licence suspension succeed?
It depends on whether or not the Transportation Safety Board accepts that you have valid reasons for ending your licence suspension early.

What does the Transportation Safety Board consider are valid reasons for ending my administrative licence suspension early?
It depends on the specific charges against you. For example, you were charged with impaired driving but have proof that your blood or breath sample was not over 0.08. Depending on the circumstances, the Board may accept that proof as a valid reason for ending your licence suspension early. A lawyer can advise you on how to appeal your suspension and whether you should appeal.

I was acquitted, found not guilty. Isn’t that a valid reason for ending my administrative licence suspension early?
It is not always a valid reason since the Board may or may not accept proof of your being acquitted as a valid reason. That is, court uses criminal law standards of proof in acquitting you, but the Board uses administrative law standards of proof. What is proof in criminal law is not always proof in administrative law. A lawyer can advise you on how to appeal your suspension and whether you should appeal.

My licence suspension makes it hard to get to work – is that a valid reason to end my suspension early?
No, the inconvenience or hardship caused by your suspension is not a valid reason. For advice on whether to appeal your suspension, contact a lawyer.

Is appealing a licence suspension free?
No, the Transportation Safety Board charges fees, even if you do not go in person before the Board. If you go in person, the fees are higher.

Is the cost of a lawyer included in the appeal fees?
No, lawyer fees are extra. A lawyer can advise you on whether to appear in person and whether to have legal representation before the Board.

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Reinstating Your License

If my administrative suspension period ends or if I win my appeal, then I get my licence back automatically – right?
No. You have to apply to an Alberta registry for a new licence. Specifically, you must give the registry proof that you have done all these things:

  1. Finished your suspension period or won your appeal.
  2. Completed Alberta’s Impaired Driver Program. The program has two courses: Planning Ahead and Impact. Your Notice of Suspension indicates the course you are to take. You are responsible for paying the required fees.
  3. Done everything else (if anything) written on your Notice of Suspension or Disqualification.
  4. Passed a driver examination.
  5. Paid the fee for your licence reinstatement.


If I win my appeal, I am still responsible for the fee for my licence reinstatement?
Yes, you are still responsible for paying the fee. The Board does not pay your fee.

If I get my new licence, I get all my driving privileges back, right?
Not necessarily. If you get a new licence, it might be a Restricted Operator’s Licence – your registry office can clarify what restrictions may apply.

What if my licence suspension has not ended and I need to drive for more than 21 days– do I have any options other than an appeal?
You may qualify for Alberta’s alcohol ignition interlock program.

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Alberta's Alcohol Ignition Interlock Program

What is the alcohol ignition interlock program?
It is a provincial government program. If you are convicted and get into the program, you are able to drive but only vehicles that have alcohol ignition interlock devices installed in them.

What is an alcohol ignition interlock device?
If the device detects alcohol on your breath, it keeps your vehicle from starting.

Does Alberta’s alcohol ignition interlock program accept everyone who applies?
No, the program does not accept people who are convicted of impaired driving causing injury or death.

What do I need to get into the program?
You must not have been convicted of impaired driving causing injury or death. As well, you must meet all of the following conditions:

  1. Have a court order authorizing you for the program – ask the court for the order during your sentencing.
  2. Serve the minimum amount of your suspension. That is, if this is your first offense, you serve at least the first three months of your suspension; if it is a second offense, you serve at least the first six months. For each further offence, you must serve an additional 12 months in suspension time.
  3. Complete the impaired driving course set out in your Notice of Suspension, plus every other requirement (if any) set out in that Notice.
  4. Be an Alberta resident and eligible for a Restricted Operator’s Licence.
  5. Be accepted by the Alberta Transportation Safety Board into the program.
  6. Undertake to stay in the program (if accepted) for at least six months.

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Further Resources

How do I find more information about losing or reinstating my driver’s licence?
Alberta has many sources of such information, including law offices, Alberta Law Society libraries, university law libraries, and following organizations:

  1. Alberta Government : For example, the Ministry of Transportation gives out its Basic Licence Driver's Handbook on-line and at registry offices. You can reach government ministries and offices, toll-free, from any land-line telephone in Alberta, by calling the Government’s switchboard at 310-0000. Reception operates from 8:00 a.m. to 6:00 p.m., except on weekends or statutory holidays.
  2. Central Alberta Law Office (CALO): A program of Legal Aid Alberta, CALO runs a free walk-in clinic. Service is first come, first serve. For service times and other information about the walk-in clinic, please call CALO at (403) 340-7730.
  3. Lethbridge Legal Guidance (LLG): LLG may have relevant publications for you and, if you qualify, may have a volunteer give you information.
  4. Native Counselling Services of Alberta (NCSA): The NCSA can provide information. It may also decide to assign a court worker to you if you are First Nations, Métis or Inuit;
  5. Student Legal Assistance of Calgary (SLA): If you qualify, SLA may have a volunteer give you information;
  6. Student Legal Services of Edmonton (SLS): If you qualify, SLS may have a volunteer give you information. SLS also has many publications. It makes its booklets on impairment offences and on driving licence suspensions available in print and on-line.


How do I consult with a lawyer about losing or regaining my driver’s licence or about the alcohol ignition interlock program?
A private lawyer, a legal clinic or Alberta Law Line may be able to give you legal advice:

  1. Private lawyers can be found, for example, in the telephone book or through the Lawyer Referral Service at 403-228-1722 in Calgary or, toll free, at 1-800-661-1095 elsewhere in Alberta (plus, Saskatchewan, BC’s Lower Mainland, Yukon, NWT, and Nunavut).
  2. Full-time legal clinics in Alberta include, in Calgary, Calgary Legal Guidance and Student Legal Assistance; in Edmonton, the Edmonton Community Legal Centre and Student Legal Services; in Central Alberta (including Red Deer), the Central Alberta Community Legal Clinic; and, in Lethbridge, Lethbridge Legal Guidance. Each clinic decides on its own who gets legal advice. Central Alberta Law Office (CALO). A program of Legal Aid Alberta, CALO runs a free walk-in clinic. Service is first come, first serve, and CALO determines who is eligible for legal advice. For service times and other information about the walk-in clinic, please call CALO may be reached at (403) 340-7730.
  3. Alberta Law Line has staff lawyers who provide legal advice to eligible callers. The staff lawyers give legal advice solely over the telephone and do not represent people in court or meet them in person. For information about whether you would qualify for advice, please visit the Law Line Services section of this site.


What if I need help paying for a lawyer to help me to deal with losing or regaining my licence or to deal with the alcohol ignition interlock program?

  • Friends or family might lend you money or otherwise help you with your lawyer’s bill. 
  • A lawyer might accept services or goods from you as partial payment of your legal bill.
  • A lawyer may accept your case on what is called a Legal Aid certificate. If so (if you qualify financially), Legal Aid Alberta will issue certificate to a lawyer to work on your case. You will be expected to repay the cost of your legal representation to Legal Aid Alberta.
  • If you get a Legal Aid certificate, it may go to a lawyer who works within a Legal Aid program, such as the Siksika Nation Program, or the Youth Criminal Defence Office (YCDO). YCDO serves minors, not adults. For more information about Legal Aid and any of its services, please visit www.legalaid.ab.ca or call Service Alberta at 310-0000 (toll-free in Alberta).

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