Immediate Roadside Sanction (IRS) Defense in Alberta
If you’ve received an Immediate Roadside Sanction (IRS), you have 7 days from when you receive the Notice of Administrative Penalty to request a review. This deadline is strict, and missing it can limit your options. We focus exclusively on IRS appeals for Alberta drivers and our experienced team can help you determine whether a review is available in your situation.
What Is an Immediate Roadside Sanction?
An Immediate Roadside Sanction is a serious administrative penalty issued under Alberta’s provincial impaired driving laws. They are imposed at the roadside without a trial and take effect immediately, resulting in licence suspension, vehicle seizure, financial penalties and other unseen consequences.
An IRS is separate from any criminal charge you may have received and is reviewed through an administrative process managed by SafeRoads Alberta. Appealing an IRS through SafeRoads is materially different from fighting a charge in criminal or traffic court. It is governed by administrative law which requires specialized knowledge and techniques.
Types of Immediate Roadside Sanctions in Alberta
Under Alberta’s impaired driving laws, police may issue different types of Immediate Roadside Sanctions depending on the circumstances.
Each type of IRS have their own specific consequences which increase in severity depending on the occurrence number.
Immediate Roadside Sanction – FAIL (IRS FAIL)
An IRS FAIL is issued when a police officer has reasonable grounds to believe that a contravention under Alberta’s impaired driving provisions has occurred. That belief may be based on observed signs of impairment, objective testing, a refusal to comply with a lawful demand, or a combination of factors.
An IRS FAIL results in an immediate licence suspension and related penalties, with severity increasing based on prior occurrences.
An IRS review focuses on whether the regulatory grounds for cancellation have been established and whether the requirements set out in regulation were properly met at the time the sanction was issued.
Immediate Roadside Sanction – WARN (IRS WARN)
An IRS WARN is issued when a Police officer has reasonable grounds to believe that a driver has blood alcohol content above 50 mg% but is below the prescribed criminal limit.
An IRS WARN results in an immediate licence suspension and related consequences. The severity of those consequences increases with prior occurrences.
An IRS review does not determine guilt or innocence. It focuses on whether the regulatory grounds for cancellation have been established and whether the requirements set out in legislation were properly followed at the time the sanction was issued.
Immediate Roadside Sanction – ZERO (IRS ZERO)
An IRS ZERO is issued to drivers who are subject to zero-tolerance driving conditions, including novice, probationary, and certain commercial drivers. It is issued when a peace officer has reasonable grounds to believe that the driver has alcohol or drugs in their body while operating a motor vehicle.
An IRS ZERO results in an immediate administrative licence suspension and related consequences under Alberta’s impaired driving regime.
An IRS review focuses on whether the regulatory criteria for issuing a ZERO sanction were met and whether the administrative requirements were properly followed. The review does not assess criminal responsibility.
Immediate Roadside Sanction – 24-Hour Suspension
A 24-hour suspension may be issued when a peace officer has reasonable grounds to believe that a driver is impaired by alcohol or drugs, but the circumstances do not meet the criteria for issuing an IRS FAIL, WARN, or ZERO.
A 24-hour suspension is temporary and administrative in nature. While it does not carry the same immediate consequences as other IRS sanctions, it may still be relevant to a driver’s history and future roadside interactions.
Where a review is available, it focuses on whether the regulatory grounds for issuing the suspension were established and whether the procedural requirements were met.
A free consultation can help determine which regulatory grounds for cancellation may be available in your case.
Keep In Mind:
You Have 7 Days to Request a Review of Your IRS Charge
To appeal an Immediate Roadside Sanction, you must request a review within 7 days of receiving the sanction. If no appeal is requested within that time, the sanction remains in effect as issued.
In some circumstances, a late IRS review may still be possible if the deadline has already passed. Eligibility for a late review depends on specific factors, which we can explain during a free consultation.
- Call us now: 403-465-1324
- Missed the deadline? Learn about late review options
Let’s Get You Back on the Road – Start Your Appeal Today
How this Process Works
Reach Out Within 7 Calendar Days – We’re Here When You Need Us Most
If you’ve received an Impaired driving charge, time is short – but you’re not alone. Contact us as soon as possible so we can begin protecting your licence and your peace of mind.
We Listen, Review, and Guide You Through Filing a Review
We’ll carefully review your contravention and police disclosure, explain what it all means, and talk through your options. You’ll always know what’s happening – and why.
We Take Care of the Paperwork and Build Your Defense
If you decide to move forward, we’ll handle the filing and legal work. All we need is your consent form and a short personal statement – from there, we research, write, and prepare your appeal.
We Submit Everything and Keep You Informed
You don’t have to appear in person unless you choose to. We finalize and submit your defence, and you’ll receive a decision, usually in writing, within 30 calendar days of your charge.
We’re Protecting Your Future
Call us today to start your appeal and take the first step toward regaining your freedom.