[Oling_Roachinen]

PepsiFree the section 88 amendment that you posted previously was for the immediate roadside sanctions. Not 88.1. The immediate roadside sanctions is for blowing over 0.05. The full section and the approved amendment is here:

Immediate roadside sanctions
88(1) In this section, (a) “approved instrument” means a device that is designed to
receive and make an analysis of a sample of the breath of
a person in order to measure the concentration of alcohol
in that person’s blood and that is
(i) an approved instrument within the meaning of
section 254 of the Criminal Code (Canada), or
(ii) approved under this Act by the Lieutenant Governor
in Council to be used for the purposes of this section;
(b) “approved screening device” means a device that is
designed to ascertain the presence of alcohol in a person’s
blood and that is
(i) an approved screening device within the meaning of
section 254 of the Criminal Code (Canada), or
(ii) approved under this Act by the Lieutenant Governor
in Council to be used for the purposes of this section;
(c) “notice of disqualification” means a notice of
disqualification served under subsection (2);
(d) “notice of suspension” means a notice of suspension
served under subsection (2).
(2) Where
(a) a peace officer has reasonable grounds to believe that a
person drove a motor vehicle, and
(b) in relation to that person driving that motor vehicle, the
peace officer has reasonable grounds by means of analysis
of a sample of breath using an approved screening device
or approved instrument to believe that the person has
consumed alcohol in such a quantity that the
concentration of alcohol in that person’s blood is equal to
or exceeds 50 milligrams of alcohol in 100 millilitres of
blood,
the peace officer shall, on behalf of the Registrar,
(c) in the case of a person who holds an operator’s licence,
(i) require that person to surrender to the peace officer
that person’s operator’s licence, and
(ii) serve on that person a notice of suspension of that
person’s operator’s licence;(d) in the case of a person who holds a licence or permit
issued in another jurisdiction that permits the person to
operate a motor vehicle, serve on that person a notice of
disqualification
(i) disqualifying that person from operating a motor
vehicle in Alberta, and
(ii) disqualifying that person from applying for or
holding an operator’s licence;
(e) in the case of a person who does not hold an operator’s
licence, serve on that person a notice of disqualification
disqualifying that person from applying for or holding an
operator’s licence.
(3) Where
(a) a person’s operator’s licence is surrendered under
subsection (2)(c), that person’s operator’s licence is
immediately suspended and that person is immediately
disqualified from driving a motor vehicle in Alberta for a
period of
(i) 3 days, in the case of a first suspension or
disqualification,
(ii) 15 days, in the case of a 2nd suspension or
disqualification, and
(iii) 30 days, in the case of a subsequent suspension or
disqualification;
(b) a notice of disqualification is served on a person under
subsection (2)(d), that person is immediately disqualified
from driving a motor vehicle in Alberta for a period of
(i) 3 days, in the case of a first disqualification,
(ii) 15 days, in the case of a 2nd disqualification, and
(iii) 30 days, in the case of a subsequent disqualification;
(c) a notice of disqualification is served on a person under
subsection (2)(e), that person is immediately disqualified
from driving a motor vehicle in Alberta for a period of
(i) 3 days, in the case of a first disqualification,
(ii) 15 days, in the case of a 2nd disqualification, and
(iii) 30 days, in the case of a subsequent disqualification.
(4) For the purposes of subsection (3), a suspension or
disqualification is
(a) a first suspension or disqualification if a person has not
been subject to a previous suspension or disqualification
under that subsection within the 10-year period preceding
the suspension or disqualification,
(b) a 2nd suspension or disqualification if a person has been
subject to one previous suspension or disqualification
under that subsection within the 10-year period preceding
the suspension or disqualification, and
(c) a subsequent suspension or disqualification if a person has
been subject to 2 or more previous suspensions or
disqualifications under that subsection within the 10-year
period preceding the suspension or disqualification.
(5) On a 2nd or subsequent suspension or disqualification under
subsection (3), a person
(a) is required to complete a mandatory educational program
required by the Registrar,
(b) is subject to terms and conditions set by the Registrar on
that person’s operator’s licence,
(c) is subject to a review by the Board at the Registrar’s
discretion after the 2nd suspension or disqualification, and
(d) is subject to a mandatory review by the Board after the
3rd or any subsequent suspension or disqualification.
(6) Notwithstanding subsection (3), where the person voluntarily
(a) attends forthwith at a place designated by the peace
officer and accompanies the peace officer to that place, if
necessary, and undergoes a test using an approved
instrument, or
(b) forthwith provides a 2nd breath sample into an approved
screening device that is different from the device used for
the test under subsection (2)(a),
the purpose of which is to show the proportion of alcohol in the
person’s blood, and the result of that test indicates that the
proportion of alcohol in the person’s blood is not equal to nor
exceeds 50 milligrams of alcohol in 100 millilitres of blood, the
peace officer shall forthwith return the operator’s licence, if any, to
the person and the disqualification from driving is terminated.
(6.1) The peace officer shall advise the person of the person’s
right to voluntarily undergo a test referred to in subsection (6).

88.1 is completely separate. And posted in my previous post, giving the officer the power to revoke a licence for 3 months + simply by saying the person is impaired.