Driving on a suspended license in Alberta is a criminal offense that carries fines, jail time, and a mandatory driving prohibition

If your Alberta driver's license is suspended, you cannot legally operate a motor vehicle on any public road. Driving anyway is not a minor traffic violation — it is prosecuted as a criminal offense under the Traffic Safety Act. The consequences include fines starting at $500, possible jail time, a criminal record, and an automatic additional driving prohibition that extends beyond your original suspension period.

The moment your license is suspended, you lose the legal right to drive. Police can stop you for any reason, run your license, and charge you when ready if they discover the suspension. A conviction stays on your record and affects insurance rates, employment prospects, and your ability to cross into other provinces or the United States.

Key Takeaways

  • Driving on a suspended license in Alberta is a criminal offense with mandatory minimum fines of $500 and possible jail sentences up to two years.
  • A conviction adds a criminal record and triggers an automatic additional driving prohibition that lasts at least one year beyond your original suspension end date.
  • Your license can be suspended for unpaid traffic fines, medical reasons, accumulating demerit points, or failing to pay child support or provincial fines.
  • You can request a review of your suspension through Alberta's Administrative Licence Suspension (ALS) process or appeal to the Court of Queen's Bench if you have grounds.
  • Once your suspension ends, you must pay all outstanding fines and fees before you can reinstate your license with Alberta Transportation.

Why your license gets suspended in Alberta

Alberta Transportation suspends licenses for several reasons, and the most common is accumulating too many demerit points. You receive demerit points for traffic violations — speeding, failing to stop, careless driving, and similar offenses. Once you reach 15 demerit points within a two-year period, your license is automatically suspended for three months. A second suspension within five years lasts six months, and a third suspension lasts one year.

Other suspension triggers include unpaid traffic fines or court-ordered fines, failing to pay child support, failing to pay provincial fines (such as health care premiums), medical conditions that make you unsafe to drive, or a conviction for impaired driving. If you are convicted of driving under the influence, your license is suspended for a minimum of one year, and you must complete an alcohol education program before you can reinstate it.

You receive written notice of a suspension by mail to your address on file with Alberta Transportation. The notice states the reason, the suspension start date, and the suspension length. If you do not receive notice, you are still legally suspended — ignorance does not protect you from prosecution.

Criminal penalties for driving while suspended

Driving on a suspended license is prosecuted under section 260 of the Criminal Code of Canada. The offense carries a mandatory minimum fine of $500 for a first offense. If you are convicted a second time within ten years, the minimum fine is $1,000. A third or subsequent conviction within ten years carries a mandatory minimum fine of $2,500.

Beyond fines, the court can sentence you to jail time. A first offense can result in up to six months in jail. A second offense can result in up to one year in jail. A third or subsequent offense can result in up to two years in jail. The court considers your circumstances — whether you drove out of necessity, how far you drove, whether you caused an accident — but the minimum fine is non-negotiable.

A conviction also results in an automatic additional driving prohibition. The court must impose a prohibition lasting at least one year for a first offense, at least one year for a second offense, and at least two years for a third or subsequent offense. This prohibition begins after your original suspension ends, so your total time off the road extends well beyond the initial suspension period.

How to request a review of your suspension

If your license was suspended for demerit points, you can request an Administrative Licence Suspension (ALS) review within 30 days of receiving the suspension notice. You submit a written request to Alberta Transportation explaining why the suspension should not take effect or should be reduced. The review is conducted by an adjudicator who is not the person who issued the suspension.

The ALS review is not a formal hearing — you submit documents and a written statement, and the adjudicator makes a decision based on the file. You can include evidence that the demerit points were issued in error, that you have completed a defensive driving course, or that the suspension causes undue hardship. However, hardship alone — such as losing your job or being unable to drive family members — is not grounds for overturning a suspension based on demerit points.

If your suspension was for unpaid fines, child support, or other financial reasons, you must pay the outstanding amount to reinstate your license. There is no review process for financial suspensions. If you cannot pay in full, contact the body that issued the fine (the court, Alberta Health Services, or the child support enforcement office) to discuss a payment plan.

Appealing a suspension to the Court of Queen's Bench

If the ALS review upholds your suspension, or if your suspension was issued for medical reasons or impaired driving, you can appeal to the Court of Queen's Bench. You must file the appeal within 30 days of receiving the ALS decision or the suspension notice. The appeal requires you to show that Alberta Transportation made an error of law or acted unreasonably.

An appeal is a formal legal proceeding, and most people hire a lawyer to represent them. The court reviews the evidence and the decision-maker's reasoning. If the court finds an error, it can overturn the suspension, reduce it, or send it back to Alberta Transportation for reconsideration. If the court finds no error, the suspension stands.

Filing an appeal does not automatically stop your suspension from taking effect. You can request a stay of the suspension while your appeal is pending, but the court will only grant this if you show that the suspension causes serious hardship and that you have a reasonable chance of winning the appeal. Most stay requests are denied.

Reinstating your license after the suspension ends

Once your suspension period ends, your license does not automatically reinstate. You must contact Alberta Transportation and pay a reinstatement fee. The fee is $75 for a standard reinstatement. If your suspension was for impaired driving, you must also provide proof that you have completed an approved alcohol education program before reinstatement is possible.

You must also pay all outstanding fines, court-ordered restitution, child support arrears, or other debts that triggered the suspension. If any of these amounts remain unpaid, Alberta Transportation will not reinstate your license, and your suspension continues indefinitely until the debt is resolved.

Once you have paid the reinstatement fee and cleared all outstanding amounts, you can renew your license in person at a ServiceAlberta office or online through the Alberta Transportation website. Bring your current identification and proof of payment. Your renewed license is mailed to you within two weeks.

What to do if you are charged with driving while suspended

If you are stopped and charged with driving on a suspended license, you will receive a court date notice. Do not ignore it — failing to appear in court results in an arrest warrant. You have the right to legal representation, and you should consult with a lawyer before your court date.

At your first court appearance, the Crown prosecutor will present the evidence — usually the police officer's testimony that your license was suspended and you were operating a vehicle. You can plead guilty, not guilty, or seek to resolve the matter through a guilty plea to a lesser charge if one is available. If you plead guilty, the judge will impose the mandatory minimum fine and may impose additional penalties.

If you plead not guilty, the case proceeds to trial. The Crown must prove beyond a reasonable doubt that your license was suspended and that you were driving. If the Crown cannot prove both elements, you may be acquitted. However, most cases result in guilty pleas because the evidence is straightforward.

Alternatives to driving while suspended

If your license is suspended, you are legally prohibited from driving. Using ride-sharing services such as Uber or Lyft, taking public transit, cycling, or asking friends and family for rides are your options. Some employers offer shuttle services or flexible work arrangements for employees with suspended licenses.

If you need to drive for work, you can request a work-related driving privilege from Alberta Transportation in limited circumstances. This is not a license reinstatement — it is a narrow exception that allows you to drive only to and from work and only for your employer's business. You must explore in writing and show that you have no other reasonable transportation option and that your employer depends on your driving. Approval is not may provide, and the privilege can be revoked at any time.

Frequently Asked Questions

Can I drive to the courthouse or to a lawyer's office if my license is suspended?

No. Driving for any reason — including to attend court or meet with a lawyer — is illegal and can result in a criminal charge. Use public transit, a taxi, a ride-sharing service, or ask someone else to drive you. The court will not excuse a charge of driving while suspended because you were driving to attend your own hearing.

What happens if I am in an accident while driving on a suspended license?

You face both the criminal charge for driving while suspended and civil liability for any damage or injury caused by the accident. Your insurance will likely deny your claim because you were driving illegally, leaving you personally responsible for all costs. You will also be charged with any traffic violations that contributed to the accident.

Does a suspension in Alberta affect my driving record in other provinces?

Yes. Alberta shares suspension information with other Canadian provinces and territories through the Canadian Driver Record Database. If you move to another province, your suspension follows you, and you cannot obtain a license in that province until your suspension is lifted in Alberta.

Can I get my suspension reduced if I complete a defensive driving course?

Completing a defensive driving course may help during an ALS review or court appeal, but it does not automatically reduce or eliminate a suspension. You can submit proof of completion as evidence that you are taking steps to improve your driving, but the decision-maker has discretion to consider it or disregard it.

What if I was not aware my license was suspended?

Lack of awareness is not a defense. Alberta Transportation mails suspension notices to your address on file. If you did not receive the notice, you are responsible for updating your address with Alberta Transportation. If you move and do not update your address, you are still legally suspended even if you never saw the notice.