Quote:
Originally Posted by jar_e
Yeah that's not how a 24 hour suspension works at all.
You can't appeal it. There's no following the officer back and going on a breathalyzer. The simple admission of alcohol when you are pulled over is grounds to be put on a roadside. If you blow > than 0.05, you can receive a 24 hour suspension. The 0.05 thing has always been there with 24 hour suspensions. The only thing that's changing is the penalties.
Edit: and furthermore, if you blew >0.08, you wouldn't be getting just a 24 hour suspension, you'd be charged with impaired driving.
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You can find the entire traffic safety act here but I have cut out the important part for your benefit.
http://www.qp.alberta.ca/documents/Acts/t06.pdf
Quote:
24-hour disqualification re alcohol or drug
89(1) If a peace officer reasonably suspects that the driver of a
motor vehicle has consumed alcohol or otherwise introduced into
the driver’s body any alcohol, drug or other substance in such a
quantity so as to affect the driver’s physical or mental ability, the
peace officer may require the driver to surrender the driver’s
operator’s licence to the peace officer.
(2) On being required by a peace officer to surrender the driver’s
operator’s licence under subsection (1), the driver
(a) is disqualified from driving a motor vehicle in Alberta,
and
(b) shall forthwith surrender the driver’s operator’s licence, if
the driver is the holder of an operator’s licence, to the
peace officer.
(3) The refusal or other failure of a driver to surrender an
operator’s licence under subsection (2) does not prevent the
disqualification from driving from taking effect.
(4) A disqualification from driving arising pursuant to this section
terminates at the end of 24 hours from the time that the
disqualification came into effect.
(5) Notwithstanding subsection (4), if the disqualification from
driving arises in respect of the use of alcohol and the driver
voluntarily,
(a) at a place designated by the peace officer, undergoes a test
the purpose of which is to show the proportion of alcohol
in the driver’s blood, and the result of that test indicates
that the proportion of alcohol in the driver’s blood does
not exceed 80 milligrams of alcohol in 100 millilitres of
blood, or
(b) produces to the peace officer a certificate signed by a
physician stating that the driver’s blood, as tested by the
physician after the commencement of the disqualification
from driving, did not contain more than 80 milligrams of
alcohol in 100 millilitres of blood,
the peace officer shall forthwith return the operator’s licence, if
any, to the driver and the disqualification from driving is
terminated.
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I have highlighted the important parts. If your BAC is less than 80 they have to give you your drivers license back and let you go on your merry way. Under the new law, something that is legal is being punished. The reason they don't let you fight it in court is because no law has been broken.
I firmly believe that if driving between 0.05 and 0.08 is dangerous they should make it a crime and punish people accordingly. Personally, I have no idea if it is dangerous or not as I don't have a breathalyzer to play with when I am drinking.