A group of Alberta lawyers is preparing to file a constitutional challenge, saying the province's impaired driving legislation violates the rights of Albertans.
"We feel this legislation is profoundly unfair," said D'Arcy DePoe, president of the Criminal Trial Lawyers' Association.
DePoe is one of about a dozen lawyers from Edmonton and Calgary that will be filing the challenge in the coming weeks.
Stiffer penalties for impaired drivers came into effect in Alberta on July 1st. Under the new legislation, any driver caught with a blood alcohol level over 0.08 will face a criminal charge and immediately have their licence suspended. Drivers will not get their licence back until the criminal charge is resolved in court.
DePoe says as a result, a number of people are pleading guilty just to get their licence back.
"The major concern is that if you're charged criminally with a drinking and driving offence, your licence is taken until your case is dealt with in court. In this province, in some jurisdictions, that could take a year or longer," DePoe said adding, "They're entering guilty pleas whereas before, they would have defended themselves."
The challenge comes just weeks before the one year anniversary of the death of three Beaumont teens. On November 26, 2011, Kole Novak, Bradley Arsenault, and Thaddeus Lake were driving home when they were struck and killed by an alleged drunk driver, just south of Edmonton.
Zane Kovak, Kole's father, thinks the challenge is extremely frustrating.
"Every sentence that is handed out to a drunk driver right now, pretty much, is absolutely the minimum, the minimum, not anywhere near the maximum of what could be handed out. So now, on top of that, we're trying to further undermine the strength of the laws? I think it's horrendous."
Kovak says it is clear that some people aren't getting the message when it comes to drinking and driving, and something needs to be done to keep innocent people safe on the roads.
"If we further dilute the law, we're just further empowering people to continue on with irresponsible actions that put other people's lives at risk," he said adding, "I think what this group of lawyers is trying to do is really putting ordinary Canadian citizens, innocent people at risk."
Novak says the penalties aren't stiff enough, and will continue his fight for harsher consequences.
"Everything is done to protect the rights of the accused. I want to know where the rights were that my son should have had to continue to live his life," he said, "Why are we not taking drunk driving seriously?"
DePoe says he understands the need to crack down on drunk drivers but, says the legislation comes at the expense of Albertans.
"No one quarrels with the need to investigate and prosecute impaired drivers, it's a serious problem. But, you don't do it by sacrificing basic constitutional rights."
Alberta is the first province to introduce indefinite licence suspensions. The province says those charged can also appeal, and take a second roadside breath test.
"The legislation was put in place simply to keep Albertans safe," said Transportation Minister Ric McIver adding, "The government's legal advice is that the law is constitutional and our lawyers tell us that it will stand up to a test."
Lawyers will launch the challenge on behalf of their clients in the next few weeks.
With files from Kendra Slugoski.
© Global News. A division of Shaw Media Inc., 2012.