Const. Dave Smith with the MHPS traffic unit provides members of the police commission clarity about current impaired driving laws in the province.--NEWS PHOTO BRENDAN MILLER
bmiller@medicinehatnews.com
Wednesday evening members of the local police commission received a presentation from the Medicine Hat Police Service’s traffic unit to answer questions on impaired driving infractions and the provincial legislation behind enforcement.
Const. Dave Smith, a veteran on the traffic unit, began his presentation highlighting important changes that occurred In 2018 to the province’s impaired driving laws.
The new legislation implemented immediate roadside sanctions and provided police the authority to request a breath sample without reasonable suspicion.
“It was established (in Dec. 2018) that driving was no longer a right, it was actually established it was a privilege,” said Smith. “So with that they come up with mandatory alcohol screening.
“So as long as an officer, conducting a vehicle stop for whatever reason – vehicle regulations, document check – if an officer had on their person a roadside screen device, they would make a mandatory alcohol screening. And that was deemed a very small intrusion, for a breath sample, because of the severity and safety issues to the public.”
Smith explained this process streamlined and shortened the time it takes for officers to conduct traffic stops as they no longer need suspicion to acquire DUI results.
The presentation flowed into changes that were introduced in 2020 when the province turned various Traffic Safety Act infractions into administrative penalties through the Provincial Administrative Penalties Act.
“There was a framework created so that impaired driving investigations and sanctions could be issued without criminal charges and that way you could avoid jail time,” said Smith, who says previously drivers would always encounter a licence suspension or vehicle seizure, which would accompany a criminal charge investigation.
Police are about to utilize several tools to detect impaired driving, including approved roadside screening devices, instruments and drug screening equipment. Officers can also issue standardized field sobriety tests, test blood or bring in a highly trained drug recognition expert to identify what particular substance a driver may be on during the traffic stop.
Alberta drivers caught with a blood alcohol level between 0.05 to 0.08 per cent can face a three-day vehicle seizure and a three-day licence suspension if it is their first offence. They may also face a fine and be required to take a course on the dangers of impaired driving.
Additionally drivers caught with a blood alcohol level of more than 0.08 per cent will face a 90-day licence suspension followed by a mandatory 12-month participation in a blow box or interlock program, at the cost of the driver, for their first offence. They would also have to participate in a safety course before receiving full driving privileges.
Smith’s presentation also highlighted the consequences of immediate roadside sanctions when driving with any alcohol or drugs that apply for new drivers with a graduated licence, or commercial drivers operating trucks or buses.
Additionally officers are able to issue a 24-hour suspension if they believe the driver could be a risk on the roads.
“It may be some kind of medical issue or medical event or fatigue, if you get somebody driving down the highway who’s been driving for a long time, an officer can issue a 24-hour licence suspension and vehicle seizure to make sure they don’t end up injuring themselves or somebody else on the road.”
Charges can become criminal in nature if a driver causes bodily harm, death or significant property damage from a collision or intoxicated while driving passengers under 16 year of age.
Drivers can also face criminal charges if their blood alcohol level is twice the legal limit, or 0.16 per cent.
Of the 23 impaired driving investigations launched by the MHPS to date in 2025, one has been criminal in nature.
