This question has caused some confusion online. It is important to understand that there are provincial laws and federal laws on this matter.
Federally speaking, the maximum allowable blood alcohol level while driving is a BAC of .08. A BAC of .08 or more will get you severe penalties.
This is a criminal (Federal) offence, regardless of the provincial laws.
That being said, most provinces have impaired driving laws that go even further.
What is the maximum allowable blood alcohol level to Drive in Alberta?
In Alberta, it is illegal to drive with a BAC of between .05 and .079. (equal to or exceeds 50 milligrams of alcohol in 100 milliliters of blood, but less than 79 milligrams of alcohol in 100 milliliters of blood).
So you can see that there is the Federal level of .08, then more restrictive regulations on the Provincial level.
Federal BAC Limits vs. Alberta BAC Limits
The federal limit across Canada is a BAC of 0.08. Exceed that, and you’re dealing with criminal penalties—it’s a hard line. But Alberta? Alberta’s provincial limit kicks in at 0.05, which is below the federal limit. So, technically, you can be under the national limit but still be over the provincial threshold.
Why Alberta’s Limit is Stricter than the Federal Level
Alberta’s decision to enforce a 0.05 BAC limit reflects the province’s focus on safety and reducing impaired driving accidents. The idea is to create a buffer—preventing people from hitting the criminal limit by imposing penalties before reaching that point.
Differences Between Federal and Provincial Enforcement
Federally, enforcement focuses on criminal offenses, while Alberta’s laws are more about preventing risky behavior before it escalates. A BAC of 0.05 to 0.079 won’t land you in federal court, but you’ll face significant penalties at the provincial level.
Penalties for BAC Levels in Alberta
Driving with a BAC between 0.05 and 0.079 in Alberta gets you in hot water. Penalties are pretty serious, including fines, immediate license suspension, and, if it’s a repeat offense, even jail time. While some provinces stick closer to the federal limit, Alberta takes a stricter stance on impaired driving—no gray areas there.
Immediate Consequences for First-Time Offenders
For first-time offenders, a license suspension can last anywhere from 3 to 30 days, depending on the exact BAC level and whether you’ve had prior infractions. Your vehicle could also be impounded immediately.
What Repeat Offenders Can Expect
Multiple offenses? Expect stiffer penalties like longer suspensions, hefty fines, and mandatory installation of an ignition interlock device. That’s when things get really inconvenient.
What Happens if You Break Alberta’s BAC Laws?
If you’re found driving with a BAC over 0.05 in Alberta, even if you’re under the federal limit of 0.08, the consequences hit fast. Your vehicle can be seized on the spot, and your license gets suspended immediately. It doesn’t stop there—repeat offenses ramp up the penalties, and legal fines become steeper with every infraction. So even a single misstep can lead to major disruptions.
Consequences
If you are found guilty of criminal-level impaired driving, you may be required to:
- complete a Federal Driving Prohibition as stated on the Order of Driving Prohibition Against an Offender issued by the Courts
- pay a reinstatement fee at any Alberta registry agent
- complete an education course
- successfully participate in the Mandatory Ignition Interlock Program for a prescribed term
- successfully complete a road test at any Alberta registry agent
Alberta.ca Federal penalties for impaired driving
Vehicle Seizure and License Suspension Details
Alberta enforces immediate vehicle seizures for impaired driving. The car gets impounded for 7 to 30 days, depending on your BAC level and whether it’s a repeat offense. License suspensions can last from a 24-hour suspension for lower levels to 90 days or more.
Long-Term Legal and Financial Implications
Apart from the initial penalties, the long-term consequences include skyrocketing insurance premiums and a criminal record if you breach the federal limit. Repeat offenses can also lead to a permanent driving ban.
How BAC Levels Are Measured and Why They Matter
The BAC measurement is based on the amount of alcohol in your bloodstream, and in Alberta, they don’t leave much room for error. A reading of 0.05 could be enough to lead to serious legal trouble, and it’s not just about penalties—safety’s the key factor here. While the federal law sets the ceiling at 0.08, Alberta’s stricter approach aims to minimize risk even further.
Methods Used for BAC Testing
Police in Alberta use breathalyzer devices to estimate your BAC. In some cases, blood tests may be requested for more precise measurements. Refusing a test is considered a serious offense and carries the same penalties as exceeding the BAC limit.
Why Driving with a BAC of 0.05 is Risky
Even at 0.05, alcohol impairs motor skills, slows reaction times, and diminishes decision-making ability. Alberta’s strict BAC laws are in place because the risk of an accident increases significantly at this level, even though it doesn’t seem high.
Alberta’s Blood Alcohol Level Driving Laws Main Points
- The Alberta maximum allowable blood alcohol level for driving is from .05 to .079.
- The Federal Law is .08 across Canada, but individual provinces can make more restrictive policies.
- Driving impaired (including drugs) can lead to very serious fines, license restrictions, and possibly jail time.
- Read our article about demerits for a DUI in Alberta