Caught Driving Impaired and Speeding in Alberta: What Happens
Facing impaired driving and speeding charges in Alberta at the same time? Learn what combined charges mean for your licence, record, and options.
Caught Driving Impaired and Speeding in Alberta: What Happens
When Alberta police charge a driver with both impaired driving and speeding at the same time, the consequences stack: two separate legal tracks, each carrying its own penalties, each capable of affecting your licence independently.
Two Separate Legal Systems, One Traffic Stop
Alberta traffic law and the federal Criminal Code operate on different tracks. A speeding charge typically runs through Alberta's provincial offence system. An impaired driving charge, depending on the circumstances, can involve either provincial administrative sanctions or criminal proceedings under the Criminal Code of Canada, or both simultaneously.
This distinction matters. A driver facing both charges at once is not dealing with a single case. They are potentially dealing with two cases, processed through different systems, with different timelines, different consequences, and different options for response.
What Impaired Driving Charges Look Like in Alberta
Alberta has two main pathways for impaired driving enforcement: the provincial administrative system and the criminal court system.
Provincial Administrative Sanctions
Alberta Transportation administers an Immediate Roadside Sanctions (IRS) program. When a driver registers a warn or fail on an approved screening device, or refuses to provide a sample, provincial sanctions typically apply immediately. These can include immediate licence suspension, vehicle seizure, and mandatory program requirements. The specific conditions and durations depend on the reading and whether it is a first or subsequent occurrence.
Administrative sanctions are separate from criminal charges. A driver can face both.
Criminal Impaired Driving
When police believe the evidence supports a Criminal Code charge, such as operation of a vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration at or above the legal limit, the matter proceeds through the criminal justice system. This involves arrest, release conditions, a court appearance, and a prosecution process that can take many months.
Conviction under the Criminal Code carries serious consequences, including a criminal record, mandatory minimum penalties, and federal driving prohibitions. These consequences extend well beyond what any traffic ticket produces.
What Speeding Charges Add to the Mix
A speeding ticket in Alberta is a provincial offence. On its own, it results in demerit points, a fine, and a mark on your Alberta driving record. The severity scales with how far over the limit you were travelling.
When police allege a driver was travelling significantly over the posted limit, the speeding charge itself can be serious. Extreme speeds in Alberta attract higher fines and more demerit points. At certain thresholds, charges can also overlap with stunt driving or excessive speed provisions.
When a speeding charge accompanies impaired driving allegations, the combined demerit point exposure on a single driving record can be substantial. Alberta uses a demerit system where accumulating points can trigger mandatory licence review or suspension, separate from any suspension already imposed through the IRS program.
Licence Suspension Layering
This is where combined charges create real complexity. A driver may face:
- An immediate administrative suspension under the IRS program
- Demerit-triggered suspension risk from the speeding offence
- A federal driving prohibition if the criminal charge results in conviction
- Potential GDL-related consequences for drivers still on a graduated licence
Each of these operates on a different timeline and through a different authority. Resolving one does not resolve the others.
How the Charges Interact Practically
Because the two charges travel through different systems, a driver needs to track both simultaneously. Missing a deadline on the speeding ticket while focused on the criminal matter is a real risk. Equally, failing to respond to an IRS administrative review request within the allowed window can forfeit options that would otherwise be available.
The timeline pressure is asymmetric. Alberta provincial traffic tickets typically come with a deadline to respond or dispute. Criminal charges operate on a court-scheduled basis, often over a longer horizon. Neither pauses to wait for the other.
For drivers facing both, early attention to the provincial speeding charge, while also understanding the criminal process, is generally the more organized approach.
What a Favourable Resolution on the Speeding Charge Can Mean
Even when a criminal impaired driving matter is pending, addressing the speeding charge separately can carry real value. A reduction in the speeding offence, or a resolution that reduces demerit points or the fine amount, can limit the cascading effects on the driving record.
Fabsy focuses specifically on the provincial traffic ticket side of this equation. If you have received a speeding ticket in connection with or separate from an impaired driving incident, that ticket is a provincial matter that can often be contested or negotiated. Fabsy's 95%+ favourable resolution rate reflects the consistent outcomes its team achieves on Alberta traffic tickets.
Fabsy charges a flat $488 administration fee plus 30% of any fine savings achieved. That structure means Fabsy's interest in getting fines reduced aligns directly with yours.
What You Should Do After Being Charged with Both
1. Note Every Deadline
Write down the response date on your traffic ticket. Note any IRS review request deadlines. These windows close, and extensions are not guaranteed.
2. Do Not Ignore Either Charge
Ignoring a provincial traffic ticket because you are focused on a criminal matter is a common mistake. Unaddressed tickets in Alberta accumulate consequences: late fees, registration blocks, and eventual licence suspension for unpaid fines.
3. Understand the Separation
A lawyer handling your criminal impaired driving matter is typically not also handling your provincial traffic ticket. These are different files. Make sure both have attention.
4. Submit Your Speeding Ticket for Review
Fabsy can review and fight your Alberta speeding ticket while you address the broader situation. You do not need the criminal matter resolved first. Submit the ticket as soon as possible to preserve your options.
Frequently Asked Questions
Can I fight a speeding ticket even if I also have an impaired driving charge?
Yes. The speeding ticket is a provincial matter that can be contested independently of any criminal charge. The two processes are separate, and addressing the speeding ticket does not affect how the impaired driving charge proceeds.
Will a speeding ticket conviction affect my criminal impaired driving case?
Generally, provincial traffic tickets and criminal charges are processed in different courts and do not directly affect each other's outcomes. However, your overall driving record can be relevant in various ways, so check with a criminal defence lawyer for advice specific to your situation.
How many demerit points could I be looking at for both offences combined?
Demerit point totals depend on the specific charges and the speeds involved. Speeding offences in Alberta carry varying point values depending on how far over the limit the driver was travelling. Combined with any points from other traffic violations, totals can accumulate quickly. Check the current Alberta demerit schedule for specific counts.
What is the deadline to dispute a speeding ticket in Alberta?
Alberta traffic tickets typically include a response deadline printed on the ticket itself. Missing it can result in a deemed conviction. Submit your ticket to Fabsy as soon as you receive it to avoid deadline pressure.
Does Fabsy handle criminal impaired driving charges?
No. Fabsy focuses on Alberta provincial traffic tickets, including speeding tickets. Criminal impaired driving charges require a criminal defence lawyer. Fabsy can handle the speeding ticket side while you work with a lawyer on the criminal matter.
What if I already have a licence suspension from the IRS program and I also get convicted of speeding?
Each penalty applies on its own terms. An IRS suspension and demerit-related consequences from a speeding conviction are administered separately. A driving record carrying both can have compounding effects on your licence status. Reducing or resolving the speeding charge can help limit that exposure.
Submit Your Alberta Speeding Ticket to Fabsy
If you received a speeding ticket alongside an impaired driving incident, or in any other circumstance, Fabsy can help. Fabsy's team fights Alberta traffic tickets every day, achieving favourable outcomes in 95%+ of cases. The flat $488 administration fee plus 30% of saved fines means the focus stays on reducing what you owe.
Submit your ticket now at fabsy.ca/submit-ticket
Do not wait until a deadline is close. Submit as early as possible to keep all your options open.
This article is general information about Alberta traffic law and is not legal advice. For advice specific to your situation, particularly regarding criminal charges, consult a qualified Alberta lawyer.