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Immediate Roadside Sanctions in Alberta

Alberta’s Immediate Roadside Sanctions (IRS) Program is a critical tool used by police to address impaired driving. IRS penalties are administrative, meaning they take effect immediately at the roadside — even without a criminal charge. These sanctions can impact your licence, finances, and daily life, making it essential to understand your rights and options. Our firm helps drivers navigate IRS notices, protect their driving privileges, and fight against long-term consequences.

What the Law Says

The IRS Program is governed by the Traffic Safety Act and administered by Alberta SafeRoads. It allows police to issue immediate penalties for alcohol- or drug-related driving offences, including suspected impairment, breath sample refusals, or violations for zero-tolerance drivers.

Key IRS contraventions include:

  • IRS: WARN (0.05–0.079 BAC) – Issued when a driver registers a “Warn” result on an approved screening device. Sanctions escalate with repeat offences. (Section 88.1, Traffic Safety Act)
  • IRS: FAIL (0.08 BAC or higher) – Issued for a “Fail” result. Immediate consequences can include licence suspension, vehicle seizure, and fines, even without criminal charges. (Section 88.2, Traffic Safety Act)
  • IRS: REFUSAL – Applied when a driver refuses or fails to provide a breath sample. Legally treated the same as a FAIL. (Section 88.2, Traffic Safety Act)
  • IRS: DRUGS – Issued if a driver is suspected of impairment by drugs, or a combination of drugs and alcohol. Sanctions are immediate and do not require scientific testing. (Section 88.2, Traffic Safety Act)
  • IRS: ZERO (Zero-Tolerance) – Applies to learners, probationary, and certain commercial drivers. Any detectable alcohol or drugs can trigger immediate sanctions. (Section 88.1, Traffic Safety Act; Use of Highway and Rules of the Road Regulation)

Understanding your IRS notice early is essential. Acting quickly allows you to ensure proper process is followed, respond appropriately, and protect your rights.

Offences and Penalties

IRS penalties vary depending on the contravention and your prior driving history. Common penalties include:

  • Immediate licence suspensions ranging from a few days to several months
  • Vehicle seizure and impoundment for certain violations
  • Fines and administrative fees
  • Mandatory participation in education or treatment programs
  • Ignition interlock device requirements for repeat or serious offences

Penalties escalate quickly for repeat infractions, and failing to comply can lead to further licence restrictions and financial consequences. Our firm helps drivers understand their options, respond correctly, and ensure all legal procedures are properly followed.

Consequences of Receiving a Penalty

Even though IRS penalties are administrative rather than criminal, their impact can be significant:

  • Employment challenges – Licence suspensions can affect jobs that require driving
  • Financial burden – Fines, towing, interlock installation, and increased insurance costs add up
  • Lifestyle disruption – Restrictions can impact childcare, school, medical appointments, and daily routines
  • Driving record impact – IRS penalties are recorded with Alberta SafeRoads and may influence future licensing

Our team helps drivers navigate IRS notices strategically, ensuring their rights are protected and responses are timely and effective.

Assault Charges FAQ

What is an Immediate Roadside Sanction (IRS)?

An IRS is an administrative penalty issued by police at the roadside for suspected alcohol- or drug-related driving offences. IRS penalties take effect immediately and are separate from any criminal charges. Common IRS types include WARN, FAIL, REFUSAL, DRUGS, and ZERO.

What happens if I get a WARN, FAIL, or REFUSE?

  • IRS: WARN (0.05–0.079 BAC): Short-term licence suspension and administrative fines.
  • IRS: FAIL (0.08 BAC or higher): Longer licence suspension, possible vehicle seizure, and fines.
  • IRS: REFUSAL: Treated the same as a FAIL under Alberta law.

All IRS penalties are administered by Alberta SafeRoads and can affect your driving record.

What is a ZERO-Tolerance (IRS: ZERO) offence?

IRS: ZERO applies to learner, probationary, and certain commercial drivers. Any detectable alcohol or drugs can result in immediate penalties. Zero-tolerance rules are strict because they apply to drivers who are legally required to maintain complete sobriety.

Do IRS penalties count as criminal convictions?

No. IRS penalties are administrative, not criminal. They are recorded with Alberta SafeRoads, and appear on a driver’s driving record, not their criminal record.

Can I challenge an IRS penalty?

Yes. You can request a review of an IRS notice through Alberta SafeRoads. There are strict timelines to request a review, so it’s important to act quickly. Our firm helps drivers prepare responses, submit review requests, and ensure all procedural requirements are followed.

Does Alberta SafeRoads consider personal hardship in an IRS Review?

No. When reviewing an IRS notice, Alberta SafeRoads does not take personal, financial, or employment hardship into account. The review focuses solely on whether the IRS was properly issued and all procedural requirements under the Traffic Safety Act were followed. While it can be frustrating, presenting hardship alone will not change the sanction. Our firm helps drivers ensure their review addresses the legal and procedural issues that are relevant under the law.

Why should I contact a lawyer after receiving an IRS?

Even though IRS penalties are administrative, the consequences for your licence, work, and daily life can be significant. A lawyer can help you:

    • Understand the type of IRS issued
    • Ensure all legal procedures are followed
    • Prepare and submit a review request if applicable
  • Protect your driving privileges and rights

What happens if I miss the deadline to request an IRS review?

Under Alberta SafeRoads rules, you generally have 7 days from the date of the IRS notice to request a review. If you miss this deadline, the review may still be possible, but only if you act swiftly and provide a valid explanation for the delay. SafeRoads will consider requests for late reviews on a case-by-case basis, but there is no guarantee the sanction will be changed.

It is critical to seek advice immediately if you miss the initial 7-day window. Our firm helps drivers prepare late review requests correctly and quickly, ensuring that all procedural requirements are met so you retain the best possible opportunity to challenge the administrative sanction.

How can you help me?

At KJR, we regularly defend clients facing:

  • Domestic assault
  • Assault with a weapon
  • Aggravated assault
  • Assaults involving police officers

We provide:

  • Absolute confidentiality
  • Aggressive Charter litigation
  • Strategic negotiation with prosecutors
  • A relentless focus on protecting your freedom and future

If you are under investigation or have already been charged, do not speak to police without a lawyer. Early decisions often determine the final outcome.

📞 Call (587)-583-2808 today to speak confidentially with a Calgary criminal defence lawyer.