Being charged with a first offence DUI in Alberta can feel overwhelming.
Many people assume a first-time offence is minor or that the consequences are limited—but Alberta’s impaired driving laws are strict, even if this is your first encounter with the system.
This guide explains what happens after a first DUI in Alberta, including immediate roadside penalties, criminal consequences, licence suspensions, and what steps are commonly taken next.
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If you are charged with a first offence DUI in Alberta, you may face immediate roadside sanctions, a licence suspension, vehicle penalties, mandatory education programs, and criminal charges under the Criminal Code of Canada.
Jail time is not automatic for a first offence, but the consequences can still be serious and long-lasting.
Yes. A first DUI in Alberta is a criminal offence under the Criminal Code of Canada.
This includes:
Even though Alberta uses administrative penalties at the roadside, a first DUI can still result in criminal charges that proceed through the courts.
Note: in Alberta, you will also face provincial impaired driving penalties if your blood alcohol concentration is between 0.05 and 0.079.
Alberta uses a system called Immediate Roadside Sanctions (IRS).
For many first-time DUI cases, drivers are issued an IRS FAIL instead of being immediately charged criminally at the roadside.
An IRS FAIL Alberta sanction is issued when a driver fails a roadside breath test.
It triggers immediate administrative penalties, separate from any criminal court process.
If you receive an IRS FAIL on a first DUI offence, consequences typically include:
These penalties begin immediately, often before you have spoken to a lawyer or appeared in court.
In addition to roadside sanctions, a first DUI offence can lead to criminal consequences, including:
While jail is not mandatory for a first offence, sentencing depends on the circumstances of the case.
Many people are surprised to learn that licence suspensions happen quickly—often before any court appearance.
Driving before reinstatement can lead to additional criminal charges.
Every DUI case is fact-specific.
In first offence situations, issues may arise related to:
Understanding how these issues apply depends on the details of the arrest.
If you are dealing with a first offence DUI, common next steps include:
Early guidance can help clarify what applies to your situation and what does not.
CALL A CRIMINAL DEFENCE LAWYER NOW
A first DUI can affect employment, travel, insurance, and future driving privileges.
Speaking with a criminal defence lawyer early can help you understand:
Browne Criminal Defence is located in Calgary, Canada, and focuses on criminal law matters, including impaired driving charges.
The most common sentence for a first DUI offence in Alberta—if there is a conviction—includes a minimum $1,000 fine, a one-year federal driving prohibition, and compliance with Alberta’s licence reinstatement requirements. Jail is not mandatory for a first offence, but additional penalties may apply depending on the circumstances.
Under the Criminal Code of Canada, the minimum fine for a first DUI conviction is $1,000, plus applicable surcharges. Administrative penalties, licence reinstatement costs, education programs, and ignition interlock fees can significantly increase the overall financial impact.
There is no single “best” plea that applies to every DUI case. Plea decisions depend on the facts, the evidence, and the legal issues involved. Speaking with a criminal defence lawyer can help clarify what options may be available in a specific situation.
DUI cases may involve legal issues related to the traffic stop, testing procedures, timing, or Charter rights. Whether a charge can be successfully challenged depends entirely on the facts of the case. A lawyer can review the circumstances to explain what issues, if any, may be relevant.
Jail is not mandatory for a first offence, but fines, driving prohibitions, and other penalties still apply.
A criminal conviction can remain on your criminal record indefinitely unless addressed through legal processes available under Canadian law.
No. IRS FAIL is an administrative roadside sanction. Criminal charges are handled separately through the courts.
Refusing a lawful breath demand can result in criminal charges, often with penalties similar to impaired driving.
Insurance consequences are common after impaired driving incidents and can last for several years.
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