.05 Blood Alcohol Content

Blowing Over in Alberta

You blew over .05 blood alcohol content on a breathalyzer test. Now what? If you have been pulled over for BAC over .05 in Alberta, under Bill 26 a police officer may slap you with a license suspension and seize your vehicle.

How long will my vehicle seizure & license suspension last?

The duration of drinking and driving penalties depends on whether you are a first-time or repeat offender.

  • 3-day license suspension and 3-day vehicle seizure for first offence
  • 7-day license suspicion, 7-day vehicle seizure for second offence
  • 30-day license suspension, 7-day vehicle seizure for third offence (plus mandatory board hearing and remedial course)

You will also be on the hook for the costs of towing and impounding your vehicle.





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What does it mean to be charged
with .05 BAC in Calgary, Alberta?

You may be wondering, are there any long-term penalties for being over .05 BAC? Have I been charged with a crime?

In Alberta, under Bill 26, blowing over .05 BAC is not an offense under the criminal code. However, it is punishable under law, as detailed above.

To be charged with a criminal offense you must blow over .08 BAC. If that happens, you may face much harsher drinking and driving penalties:

  • Vehicle seizure
  • Prolonged (indefinite) license suspension
  • Criminal Code proceedings
  • Mandatory ignition interlock

The impact of a drunk driving charge on your life can be immense and irreversible.

Staying within your limits

With recent changes to Alberta drunk driving law, it’s good to know your alcohol consumption limits. Of course, the safest way to ensure you are within your limits is not to drink at all if you are driving.

But if you do have a social drink and plan to drive, these guidelines may help provide a sense of what your limit may be under Bill 26 to stay under .05 BAC.

[blood alcohol chart]

Defending drinking and driving charges in Calgary AB

Without a car, without a license and possibly facing other costs and penalties – a drinking and driving charge can feel as if the wheels are coming off. You need to get back on your feet as soon as possible.

Ryan Claxton can help. Call us now at 1-587-315-0447 for a consultation.

Calgary Criminal Defense Lawyers