Impaired Driving in Alberta
Understanding the difference between a DUI, a criminal impaired driving charge, and an Immediate Roadside Sanction, and what your options are.
Impaired Driving Alberta
Most people who receive what they think is a “DUI” or “impaired driving charge” in Alberta are actually dealing with an Immediate Roadside Sanction, a provincial administrative penalty that is separate from the criminal justice system. This page explains the difference between the two, what each one means for your licence and driving record, and what options are available to you.
What People Mean When They Say “DUI”
DUI, or “Driving Under the Influence,” is an American term. It’s widely used in Canada, but it is not a legal term in this country.
When someone in Alberta says they got a DUI, they’re usually referring to one of two things:
- A criminal impaired driving charge issued under the Criminal Code of Canada, or
- An administrative impaired driving penalty called an Immediate Roadside Sanction issued under Alberta’s provincial system.
These are two separate processes with different rules, different consequences, and different ways to respond. Understanding which one you’re dealing with, or whether you’re dealing with both, is the first step.
How Alberta Handles Impaired Driving
Alberta uses two systems to address impaired driving. One is criminal, handled through the courts under federal law. The other is administrative, handled through a provincial body called SafeRoads Alberta. In some cases, a driver may be subject to both arising from the same incident.
- The Provincial System: Immediate Roadside Sanctions
- The Federal System: Criminal Impaired Driving Charges
When a police officer suspects a driver of impairment, they can issue a provincial administrative penalty called an Immediate Roadside Sanction. This happens at the roadside. The penalties, including licence suspension, vehicle seizure, and fines, take effect immediately. There is no court date, no trial, and no presumption of innocence in the traditional sense.
The IRS system was introduced to deal with impaired driving faster and outside the court system. It covers a range of situations, from a blood alcohol concentration above 0.05 to refusing to comply with a demand for a breath or bodily fluid sample. The type of IRS issued, whether it’s a FAIL, WARN, ZERO, or 24-Hour suspension, determines the severity of the penalties.
For a full breakdown of each IRS type and the associated penalties, see our What Is an Immediate Roadside Sanction page.
In addition to or instead of an IRS, a driver may be charged with a criminal offence under the Criminal Code of Canada. Criminal impaired driving charges are handled through the court system and can result in a criminal record, additional fines, licence suspensions, and in some cases imprisonment.
A criminal charge and an IRS are two separate matters. They can both arise from the same incident, but one does not depend on the other. Being found not guilty of a criminal charge does not automatically cancel an IRS, and successfully challenging an IRS does not affect a criminal charge.
Why Challenging an Immediate Roadside Sanction Matters
If you receive an IRS and don’t challenge it, the penalties stand. The suspension runs its full course, the fines are paid, and the IRS remains on your driving record. For many people, the consequences extend well beyond the initial penalties.
Your driving record is affected.
An IRS appears on your Alberta driving abstract. This is visible to insurance companies, employers, and any organization that checks your driving history.
Your insurance will be affected significantly.
An IRS, particularly an IRS FAIL and IRS WARN, can result in significant rate increases and reductions in coverage. Many drivers find themselves unable to afford insurance for years after receiving an IRS. Some drivers find their coverage cancelled entirely and are forced to seek high-risk insurance at substantially higher premiums.
Your ability to work may be impacted.
Many employers require a clean driving record or a valid licence. For commercial drivers, an IRS can affect their ability to work, making it impossible to continue working as a professional driver in most cases. For anyone whose job involves driving, whether it’s sales, trades, deliveries, or transportation, an IRS can mean lost income or lost employment.
If you challenge the IRS and it is cancelled, the suspension is lifted, the fines are reimbursed, and the IRS is removed from your driving abstract. If you don’t challenge it, none of that changes and you will have to live with the consequences for many years.
What You Can Do If You Receive an IRS
If you’ve received an IRS, you have the right to request a review through SafeRoads Alberta. This is the only way to challenge the sanction. You have 7 calendar days from the date the IRS was issued to file a review. If that deadline has passed, you may still be eligible for a late review within one year.
This is where we come in. Save My Licence reviews the details of your IRS, assesses the strength of your case, and handles the entire review process on your behalf. We are not lawyers. We are specialized paid representatives who work exclusively within the SafeRoads Alberta system. This is all we do and we are very good at it.
For criminal impaired driving charges, you need a lawyer. We work with many excellent lawyers, and can introduce you to experienced impaired driving defence lawyers in your area if needed.
Not sure which applies to you? A free consultation will sort it out. We’ll explain what you’re facing, what options are available, and whether we can help.
Not Sure What You’re Dealing With?
A Free Consultation Will Sort It Out.
FAQs
Is it worth fighting a DUI or IRS in Alberta?
Yes. Even a first occurrence can have lasting effects on your insurance rates, employment, and driving record. If the IRS is cancelled through a successful review, the suspension is lifted, fines are cancelled, your impound fees are reimbursed and the sanction is removed from your driving abstract. If you don’t challenge it, the penalties stand as issued.
How long does a DUI or IRS stay on my driving record in Alberta?
An IRS appears on your Alberta driving abstract and can remain on your driving record indefinitely, in accordance with Alberta’s record retention policies. A criminal impaired driving conviction is separate and can appear on your criminal record indefinitely. If an IRS is successfully challenged and cancelled, it is removed from your driving abstract entirely.
Is a DUI the same as an IRS?
Not exactly. “DUI” is an American term commonly used in Canada to describe any impaired driving situation. In Alberta, impaired driving can result in an administrative penalty (an IRS) through the provincial system, a criminal charge through the courts, or both. They are separate processes with different consequences.
How Does Save My Licence Help with an IRS in Alberta?
We handle the entire IRS review process on your behalf through SafeRoads Alberta. This includes obtaining and reviewing your disclosure, identifying any procedural or regulatory grounds that may support your case, preparing your submission, and filing it before your deadline. Every case starts with a free consultation where we assess your situation and explain your options.
Will an IRS give me a criminal record?
No. An IRS is an administrative penalty, not a criminal charge. It will not appear on a criminal record. However, it does appear on your Alberta driving abstract and can affect your insurance and employment opportunities.
Can I be charged criminally and receive an IRS from the same incident?
Yes. It is possible to receive both a criminal charge and an IRS from the same traffic stop. The two are handled through completely separate systems, and the outcome of one does not affect the other.
What happens to my IRS if my criminal charge is dropped?
Nothing. The IRS is a separate administrative matter. A criminal acquittal does not cancel an IRS, and a successful IRS review does not affect a criminal charge. Each must be dealt with independently.
How is an IRS review different from going to court?
An IRS review is an administrative hearing conducted through SafeRoads Alberta. There is no judge, no jury, and no courtroom. The review does not examine your guilt or innocence in the same way a trial would. Instead it focuses on whether the recipient is able to establish a regulatory ground for cancellation. It is a fundamentally different process from criminal court proceedings.
Not Sure What You’re Dealing With? We Can Help You Figure It Out.
Whether you’ve received an Immediate Roadside Sanction, a criminal charge, or both, the first step is understanding what applies to your situation. Contact us for a free consultation. We’ll explain what you’re facing and point you in the right direction.