Immediate Roadside Sanction (IRS) Defence in Alberta
Received an IRS Fail in Alberta? Whether you've been issued an IRS Fail, IRS Warn, or IRS Zero, our team handles Immediate Roadside Sanction appeals through SafeRoads Alberta. We've represented over 1,200 Alberta drivers through the SafeRoads review process and can help you understand your options before the 7-day appeal deadline passes.
What Is an Immediate Roadside Sanction?
An Immediate Roadside Sanction (IRS) is a serious administrative penalty issued under Alberta’s provincial impaired driving laws. It is imposed at the roadside without a trial and takes effect immediately, resulting in a licence suspension, vehicle seizure, financial penalties, increased insurance premiums, and potential mandatory reinstatement conditions.
An IRS is separate from any criminal charge you may have received. It is reviewed through an administrative process managed by SafeRoads Alberta, not through criminal or traffic court. Because the IRS system is governed by administrative law, it requires specialized knowledge and techniques that differ significantly from other types of legal forums.
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 has its 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.
IRS: FAIL Penalties
First Occurrence
IRS: FAIL — 1st Occurrence
Immediate 2-stage suspension: 90 days no driving, followed by a further 12-month suspension
May apply to participate in the Ignition Interlock Program during the 12-month suspension (discretionary, not guaranteed)
30-day vehicle seizure
$1,000 fine plus 20% victim fine surcharge
Must complete the Planning Ahead course
Insurance rate increases
If criminal-level impaired charges are also laid, additional court-imposed penalties may apply
Second Occurrence
IRS: FAIL — 2nd Occurrence
Immediate 2-stage suspension: 90 days no driving, followed by a further 36-month suspension
May apply to participate in the Ignition Interlock Program during the 36-month suspension (discretionary, not guaranteed)
30-day vehicle seizure
$2,000 fine plus 20% victim fine surcharge
Must complete the IMPACT Program
Insurance rate increases
If criminal-level impaired charges are also laid, additional court-imposed penalties may apply
Third+ Occurrence
IRS: FAIL — 3rd+ Occurrence
Immediate 2-stage suspension: 90 days no driving, followed by a lifetime suspension
May apply to participate in the Ignition Interlock Program (discretionary, not guaranteed). May apply for reinstatement after 10 years.
30-day vehicle seizure
$2,000 fine plus 20% victim fine surcharge
Insurance rate increases
If criminal-level impaired charges are also laid, additional court-imposed penalties may apply
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. While the immediate penalties are less severe than an IRS Fail, the severity of those consequences increases with prior occurrences. The long term consequences can also be much more expensive than what is listed on your Notice of Administrative Penalty. Due to the way the Approved Screening Devices are calibrated, many drives experience insurance ramifications equivalent to an IRS fail.
An IRS WARN appeal focuses on whether the regulatory grounds have been established and whether the procedural requirements set out in legislation were followed.
IRS: WARN Penalties
First Occurrence
IRS: WARN — 1st Occurrence
3-day immediate licence suspension
3-day vehicle seizure
$300 fine plus 20% victim fine surcharge
Second Occurrence
IRS: WARN — 2nd Occurrence
15-day immediate licence suspension
7-day vehicle seizure
$600 fine plus 20% victim fine surcharge
Must complete the Crossroads course (Planning Ahead may also be accepted)
Third+ Occurrence
IRS: WARN — 3rd+ Occurrence
30-day immediate licence suspension
7-day vehicle seizure
$1,200 fine plus 20% victim fine surcharge
Must complete the IMPACT Program
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 ZERO review focuses on whether the regulatory grounds were met and whether the administrative requirements were properly followed.
IRS ZERO: Commercial Penalties
First Occurrence
IRS: ZERO Commercial — 1st Occurrence
3-day immediate licence suspension
$300 fine plus 20% victim fine surcharge
Second Occurrence
IRS: ZERO Commercial — 2nd Occurrence
15-day immediate licence suspension
$600 fine plus 20% victim fine surcharge
Third+ Occurrence
IRS: ZERO Commercial — 3rd+ Occurrence
30-day immediate licence suspension
$1,200 fine plus 20% victim fine surcharge
All Occurrences
IRS: ZERO Novice — 1st & Subsequent
30-day immediate licence suspension
7-day vehicle seizure
$200 fine plus 20% victim fine surcharge
Immediate Roadside Sanction – 24-Hour Suspension
A IRS 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.
Like other IRS matters, the review focuses on whether the regulatory grounds are established and whether the procedural requirements were met.
IRS 24 Penalties
All Occurrences
IRS: 24-Hour — 1st & Subsequent
24-hour immediate licence suspension
The peace officer may seize the vehicle for 24 hours
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
- Amanda C.“There are not enough words to express my gratitude for Jeff and his wife. I felt lost and hopeless, and they gave me my life back. Their kindness, honesty, and dedication are unmatched. Within weeks, I was back on the road with my license, registration, and insurance restored.
They are professional, efficient, and truly care about the people they help. They communicated with me every step of the way and made what felt impossible, possible. I will recommend them to absolutely anyone who needs help. They are true miracle workers. God bless you both. I highly, highly recommend this company to anyone looking for real help, real results, and people who genuinely care about you.”
How This Process Works
A Free Consultation to Understand Your Options
Contact us and we’ll go through your contravention details, officer notes, and testing records, looking for procedural issues, inconsistencies, and regulatory requirements that may not have been met.
We Review Your Disclosure and Identify What Matters
We go through your contravention with you, explain your IRS type, the consequences, and whether a review makes sense in your case. If you decide to move forward, we can typically file your appeal the same day.
We Handle the Paperwork and Prepare Your Case
All we need from you is a signed consent form and a short personal statement. From there, we research the applicable regulations, draft the required documents, and prepare your case for your SafeRoads Alberta hearing.
We Submit Your Appeal and Send You the Decision
You don’t have to appear in person. We submit your appeal to SafeRoads Alberta and once SafeRoads Alberta issues a decision, we send it to you, along with your next steps based on the result.
Common Questions About IRS Appeals
If you’ve received an Immediate Roadside Sanction, it’s normal to have questions about whether an appeal is worth pursuing and what to expect. Here are some of the most common ones we hear.
I failed the breath test (or blew over). Is there any point in appealing?
In many cases, yes, and this is one of the most important things to understand about the IRS review process.
An IRS review is not a criminal trial and it doesn’t focus on guilty or innocent the same way a criminal of traffic trial does.
It’s an administrative review that examines among other things, whether the sanction was issued in accordance with the regulatory requirements set out in Alberta’s legislation.
Where we can establish certain requirements weren’t properly met, the sanction can be cancelled, regardless of what the test result showed.
We’ve helped drivers who blew well over the limit, who provided multiple fail readings, and who were certain they had no case. In many of those situations, procedural or record issues were identified that led to a successful outcome.
A free consultation can help you understand whether grounds for cancellation may exist in your specific case.
What happens if I don't appeal within 7 days?
If no review is requested within 7 days of receiving the Notice of Administrative Penalty, the sanction remains in effect as issued and the associated consequences, including the licence suspension, vehicle seizure, fines, and any mandatory programs, must be completed before reinstatement.
In some circumstances, a late IRS review may still be possible. Eligibility depends on specific factors, which we can explain during a free consultation.
You can also learn more on our Late IRS Review page.
Do I have to appear in person for the review?
In most cases, no, unless you wish to.
IRS reviews are conducted through SafeRoads Alberta and we typically recommend our clients proceed through written submissions rather than an oral hearing. We prepare and submit everything on your behalf, and in the majority of cases, you don’t need to appear at all.
We’ll confirm what’s required for your specific situation during the consultation.
What if I also received a criminal charge?
An IRS and a criminal charge are separate processes handled through different systems. The IRS review is an administrative matter decided by SafeRoads Alberta, while a criminal charge proceeds through the courts.
We focus exclusively on the IRS appeal. If you’ve also received a criminal charge, we can refer you to an experienced impaired driving lawyer in your area to handle that side of things.
Can I drive while my appeal is being reviewed?
It depends on the type of IRS you received. In some cases, like an IRS:Fail, the licence suspension remains in effect during the review period, while in others such as an IRS:Warn, the suspension will have run its course before the review is conducted.
The specifics depend on your IRS type and occurrence number.
Is there any risk or downside to filing an appeal?
No. Filing an IRS review does not increase your penalties or create any additional consequences. It preserves your options and ensures your situation is properly examined. If the appeal is not successful, the original sanction simply remains in place as issued so you’re no worse off than if you hadn’t appealed.
You Have Options. Let Us Help You Explore Them
We’ve represented over 1,200 Alberta drivers through the IRS review process. A free consultation is the best place to start. We’ll review your situation and help you decide on a path forward with no pressure and no obligation.