The province of Alberta utilizes Immediate Roadside Sanctions (IRS) for individuals believed to be operating a motor vehicle while their ability is impaired by alcohol, drugs, or a combination of both. A peace officer must have reasonable grounds to believe a driver is impaired prior to issuing an IRS. These administrative penalties are governed by the Alberta Traffic Safety Act, which outlines several distinct categories of sanctions.
1. IRS: 24-Hour Sanction
This is an entry-level sanction. If an officer has reasonable grounds to believe a driver’s physical or mental ability is affected by any quantity of alcohol or drugs, they may suspend the driver’s license and seize the vehicle for a maximum of 24 hours pursuant to Section 88(1) of the Traffic Safety Act.
2. IRS: ZERO (Novice and Commercial Drivers)
Immediate Roadside Sanctions Alberta maintains a strict “zero tolerance” policy for certain classes of drivers:
- Trigger: Any detectable amount of alcohol or drugs in the system triggers an IRS.
- Novice Drivers (Class 7 or GDL): Results in a 30-day licence suspension, 7-day vehicle seizure, and a fine under Section 88.01.
- Commercial Drivers: Penalties escalate per offence under Section 88.02:
- First Offence: 3-day licence suspension and a fine.
- Second Offence: 15-day licence suspension and a fine.
- Third Offence: 30-day licence suspension and a fine.
3. IRS: WARN (BAC 0.05 to 0.079)
Under Section 88.03(1), these Immediate Roadside Sanctions Alberta apply to drivers with a blood alcohol concentration (BAC) between 0.05 and 0.079:
- First Offence: 3-day licence suspension, 3-day vehicle seizure, and a fine.
- Second Offence: 15-day licence suspension, 7-day vehicle seizure, and a fine.
- Subsequent Offences: 30-day licence suspension, 7-day vehicle seizure, a fine, and mandatory remedial education such as the Crossroads or IMPACT programs.
4. IRS: FAIL (The Most Severe Sanction)
An IRS: FAIL is the most severe administrative sanction. It is issued if a driver has a BAC of 0.08 or higher, is found to be impaired, or refuses to provide a breath or fluid sample.
- First Offence: Includes a 90-day immediate licence suspension, a further 1-year suspension (with an Ignition Interlock Program option), a 30-day vehicle seizure, a fine, and completion of the Planning Ahead course.
- Second Offence: Includes a 90-day immediate licence suspension, a further 36-month suspension (Interlock option available), a 30-day vehicle seizure, a fine, and completion of the IMPACT education program.
- Third Offence: Includes a 90-day immediate licence suspension, a lifetime licence suspension (with removal eligibility after 10 years), a 30-day vehicle seizure, and a fine under Section 88.1.
Note: In addition to an IRS FAIL, police may also impose criminal charges at their discretion. A criminal conviction can lead to a federal driving prohibition and a permanent criminal record.
Your Right to a Second Test and Review
If you are issued an Immediate Roadside Sanctions Alberta “Warn” or “Fail,” you have the legal right to request a second test on a different screening device immediately. If the second test shows a lower reading, the sanction must be cancelled. If the sanction stands, you have only 7 days from the date of the Notice to file a review with SafeRoads Alberta.
Why Legal Representation Matters
The IRS system operates under “administrative law,” where the burden of proof differs from “criminal law,” and timelines for appeal are extremely short. Simply paying the fine is considered an admission of guilt, which can lead to a “fail” on your driving abstract and significantly higher insurance premiums.
If you have been issued a Notice of Administrative Penalty, do not wait. Contact White & Jeet Law today to discuss your options and protect your right to drive.
