Frequently Asked Questions
Immediate Roadside Sanctions (IRS) Alberta
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What are Immediate Roadside Sanctions (IRS) in Alberta?
If you have received an Immediate Roadside Suspension, also known as a Notice of Administrative Penalty (“NAP”), the information below will assist you in getting acquainted with the NAP.
The SafeRoads Immediate Roadside Sanction (IRS) regime is an administrative regime. A NAP is a provincial administrative penalty under the Traffic Safety Act of Alberta. The SafeRoads regime legislation uses the term “recipient” for a person who has received a notice of administrative penalty.
Essentially, under the Traffic Safety Act, there are five distinct types of sanctions.
IRS 24-hour suspension: This penalty is issued when the police suspect the driver is impaired by alcohol, drugs or a physical or medical condition that affects their ability to safely drive; you are subject to a 24-hour driver's licence suspension. The IRS 24-hour suspension carries the following penalties:
a) 24-hour Driver’s licence suspension
b) Vehicle seized for 24 hours (optional)
c) If you receive a 24-hour driver's licence suspension for medical reasons, you may have your file reviewed by Driver Fitness and Monitoring to determine your fitness to drive.
IRS Zero Novice: The novice drivers in the Class 7 learner’s licence or a Class 5-GDL licence category must note that there is zero tolerance for any alcohol and drugs If a peace officer has reasonable grounds to believe that the driver of a motor vehicle is a novice driver and, at the time of driving, has any alcohol or drug in the driver’s body, then they can issue the IRS Zero Novice to this driver. The IRS Zero Novice carries the following penalties:
a) an immediate 30-day driver’s licence suspension where you are unable to drive under any circumstances
b) a 7-day vehicle seizure
c) a $200 fine plus victim fine surcharge of 20%
IRS Zero Commercial: Similar to Novice drivers, there is zero tolerance for any alcohol and drugs. A peace officer can issue an IRS Zero commercial if they have reasonable grounds to believe that the driver of a motor vehicle is operating a commercial vehicle and has at the time of operating the commercial vehicle any alcohol or drug in the driver’s body.
a) an immediate 30-day driver’s licence suspension where you are unable to drive under any circumstances
b) a 7-day vehicle seizure
c) a $200 fine plus victim fine surcharge of 20%
IRS: Warn: Applies to drivers when law enforcement has reasonable grounds to believe that a driver operated a motor vehicle with a blood alcohol concentration that is equal to or exceeds 50 milligrams of alcohol in 100 millilitres of blood.
1st Contravention
i) 3-day driver’s licence suspension
ii) 3-day vehicle seizure
iii) $300 fine plus victim fine surcharge of 20 percent
2nd Contravention
i) 15-day driver’s licence suspension
ii) 7-day vehicle seizure
iii) Crossroads Course (1/2 day)
iv) $600 fine plus victim fine surcharge of 20 percent
3rd and subsequent contravention
i) 30-day driver’s licence suspension
ii) 7-day vehicle seizure
iii) Impact Course (2 days)
iv) $1200 fine plus victim fine surcharge of 20 percent
IRS: Fail: The IRS FAIL has been explained at great length in the remainder of this article.
You may also receive a criminal DUI charge alongside the IRS. Further, the imposition of criminal charges may depend on following factors:
The NAP is not a criminal conviction and will not result in a criminal record. However, it is important to consider other consequences, such as a significant increase in your insurance rates. Therefore, contesting this penalty is an important first step.
We have successfully conducted hundreds of hearings since December 2020, when this law came into effect in Alberta.
What is an IRS FAIL?
The IRS FAIL penalty is imposed when a peace officer has reasonable grounds to believe that you contravened one of the sub-sections of s. 88.1(1) of the Traffic Safety Act which are as follows:
IRS Fail Impaired - That you operated a motor vehicle while your ability to do so was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug; or
IRS Fail BAC over 80 - within 2 hours after ceasing to operate a motor vehicle, had a blood alcohol concentration that was equal to or exceeds 80 milligrams of alcohol in 100 milliliters of blood; or
IRS FAIL BDC – that you within 2 hours after ceasing to operate a motor vehicle, had a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug (prescribed by regulation under the Criminal Code); or
IRS FAIL Drug/alcohol – that you within 2 hours after ceasing to operate a motor vehicle, had a combined blood alcohol and drug concentration equal to or exceeding the limits prescribed by the Criminal Code; or
IRS FAIL refusal – that you failed or refused , without a reasonable excuse, to comply with a demand made under section 320.27 of 320.28 of the Criminal Code.
Upon issuing of the NAP for IRS FAIL, your vehicle will be seized for a set period of time, you will need to participate in an education course and pay a fine. You will also need to participate in Alberta’s IRS: FAIL Ignition Interlock Program. Please do not pay the fine if you plan to fight or appeal the NAP.
How long do I have to make up my mind?
If you have received a NAP, there is no court date, as your only method of appeal is to apply for a review before an adjudicator.
→ Do not miss the 7-day appeal period, or you may lose your right to apply for a review.
The law requires that the application for a review by an Adjudicator must be filed within 7 days of when you were issued the NAP. Once the application for a review is filed, the Hearing itself must be held within 21 days of when you were issued the NAP. Our written materials to be filed on your behalf must be submitted at least 3 days prior to the hearing date.
We can help you fight an IRS suspension anywhere in Alberta. It is important that you do not miss out on the opportunity to apply for a review within the deadline.
Will the Crown have to prove the case against me, or am I going to trial for this?
Unlike the criminal cases, where the burden is on the crown to prove the case against you beyond a reasonable doubt, however, in IRS cases, the burden is on you to establish the grounds of cancellation on a balance of probabilities. In particular, the legislation states the following:
The burden of proof is on the recipient of a notice of administrative penalty, in your case, you.
An adjudicator may determine the weight to be given to any documents, records, representations or evidence; and
An adjudicator is not bound by the rules respecting evidence applicable to judicial proceedings.
Further, there is no trial. Once you apply for an IRS review, you have the option to proceed with either a written review or an oral review, which is an online hearing lasting no longer than 30 minutes. Our practice is to file a sworn statement for the client, along with a written legal argument, and then appear at the oral hearing. We find this to be the most effective approach for a better outcome.
I am past my 7-day deadline; can I still file for a Late Review?
Although Late reviews are theoretically possible, they are sparingly granted. They require a separate application.
The purpose of the late review request is to allow a recipient of a NAP, who was unable to respond to the notice within the seven-day timeline, an opportunity to prove why they meet the conditions of an exceptional circumstance, as noted above.
A request for a late review may only be granted by the Director if satisfied that an exceptional circumstance under Section 10(2) of the Provincial Administrative Penalties Regulation Alta Reg. 217/2020 (the “Regulation”) rendered the Recipient unable to request a review within the legislated timelines. Those circumstances are that the Recipient:
was unaware of the NAP, and if, on becoming aware, the Recipient took prompt action to notify the Director of SafeRoads Alberta; or
experienced physical or mental incapacity rendering the Recipient unable to respond to the NAP within the seven-day timeline, and if on regaining capacity, the Recipient took prompt action to notify the Director of SafeRoads Alberta; or
experienced unforeseen and unavoidable events rendering the Recipient unable to respond to the NAP within the seven-day timeline, and if the Recipient took prompt action to notify the Director of SafeRoads Alberta.
If you establish that you had an exceptional circumstance, the Director may allow you to then go on to dispute the NAP itself.
What are the penalties associated with the NAP?
For the first occurrence, there is an immediate 90-day suspension starting the day the NAP was issued, which prohibits you from driving. After the initial 90 days expire, there is an additional Mandatory suspension of 1 year, during which you can only operate a motor vehicle with an interlock ignition device installed.
If this is a second contravention, the penalties are increased and include a mandatory 3-year suspension after 90 days. For a third contravention, there is a mandatory lifetime suspension after the initial 90 days.
To have the interlock installed, you must first complete the Planning Ahead course available on the SafeRoads website. We recommend registering for this course as soon as possible because previous clients have sometimes struggled to finish the 1-day course before their initial 90-day suspension expires, especially since it can be very busy.
What is an IRS Alberta Ignition Interlock or the blow-box Program?
This program is designated for drivers who have been issued a driver’s licence suspension under IRS FAIL with the occurrence date on or after December 1, 2020.
An ignition interlock device is an in-vehicle alcohol breath-sensing tool that measures the driver's breath alcohol levels (BAC). The device prevents the vehicle from starting if it detects a BAC above a pre-set limit. It is installed inside the vehicle, near the driver's seat, and is connected to the engine's ignition system.
Once you've served 60 days of the initial 90-day suspension, you can schedule an installation date for the interlock—details are available on the website. We recommend booking the installation for the day after your Planning Ahead course, as they will provide a certificate of completion at the end of that day.
Please check the Government website for more details:
Alberta Ignition Interlock Program Details
- FIRST OCCURRENCE -
If Applying for IRS FAIL IIP
Apply at least 30 days before the end of 90-day suspension period.
Complete the Planning Ahead Course preferably before the end of 90-day suspension period and before applying for IIP
If Not Applying for IRS FAIL IIP
Complete the Planning Ahead Course before the end of 15-month suspension period
- SECOND OCCURRENCE -
If Applying for IRS FAIL IIP
Apply at least 30 days before the end of 90-day suspension period.
Complete the Impact Course before the end of 90-day suspension period and before applying for IIP.
If Not Applying for IRS FAIL IIP
Complete the Impact Course before the end of 39-month suspension period
- THIRD OCCURRENCE -
If Applying for IRS FAIL IIP
Apply at least 30 days before the end of 90-day suspension period.
Complete the Impact Course before the end of 90-day suspension period and before applying for IIP.
If Not Applying for IRS FAIL IIP
Lifetime suspension
Note: The Driver Fitness and Monitoring will determine the eligibility for Alberta’s restricted driver licence. They may also determine some additional reinstatement conditions to be completed by the applicant.
When can I retrieve my seized vehicle?
If you have received an IRS Fail, there is also a 30-day seizure of your vehicle. The towing and storage fees are usually significant.
If we win, the police will refund you for the seizure costs. In some cases, you'll likely need to pay the tow company upfront and then claim reimbursement from the police, depending upon the policies of the law enforcement who issued you the NAP. Some law enforcement agencies waive the seizure costs upfront.
Is it worth appealing the IRS NAP?
This administrative penalty system was established because the courts were overwhelmed with criminal impaired driving cases. Additionally, the State was losing too many criminal impaired driving trials.
The IRS system is designed to limit defences to a few very specific categories. These are complex, but I have conducted a lot of these Reviews, so I know which defences are more likely to succeed. I also like to explore every possible defence as I have had success in winning some cases based on novel arguments. Once I am retained to give my opinion, I will inform you of my assessment of your chances, and it will be up to you to decide whether to move forward with the review.
**Do Not Pay the Fines on the Saferoads Portal Unless You Want to Abandon the Appeal. If you pay the fine, your IRS deemed confirmed. If you pay the fine after applying for the review it is deemed that you have abandoned the appeal, so do not ever do that.
When will I receive my IRS decision?
The Adjudicators rarely issue a decision on the same day the review is held, but will reserve and deliver a written decision. The decision must be issued within 30 days of the date you received the NAP. Even if we win, you will remain suspended until the decision is uploaded on the portal, and until you are issued a new driver’s licence.
What are the next steps if I want to hire you?
Please call us for a quick phone consultation. Once you have retained our services, we will ask you to send us copies of all the documents provided by the police. It is essential that you send us everything and not just some of the documents, as certain defences depend on the documents you received.
Furthermore, as soon as you can, you should start to gather any information that may be of use to your lawyer. What information is relevant will depend on the facts in your case. In particular, you should start working on the following:
Prepare a statement of what occurred during the investigation while your memory is still fresh,
Collect and maintain all documents and records about the event;
Create a list of witnesses that may support your version of events; and
Record and save any relevant texts, emails, receipts, prescriptions, or photographic evidence.
We have endeavoured to provide a comprehensive overview of what one might anticipate if placed in this situation; however, IRS investigations—and the corresponding potential defences—are highly technical and fact-specific. It is important to understand that the information contained in this write-up is just general information and does not constitute legal advice. Please get in touch with us directly to get the most updated information, as the law keeps changing.
We look forward to hearing from you and finding as many arguments as possible to challenge your roadside suspension.
Meet
Kiran Cheema
Kiran is a criminal defence lawyer with extensive experience representing clients in a wide range of criminal matters and Immediate Roadside Sanctions (IRS) cases.
