The Importance of Fighting IRS and DUI Charges in Alberta
Protect your finances, career, and driving privileges by understanding why it is important to take action against Immediate Roadside Sanctions and DUI charges.
Impaired Driving Alberta
Understanding IRS and DUI charges in Alberta is crucial, as each follows a different process with unique consequences for your licence, driving record, and future.
Understanding IRS and DUI Charges
Understanding Immediate Roadside Sanction (IRS) and Driving Under the Influence (DUI) charges is an important first step if you’ve been stopped for impaired driving in Alberta.
- An IRS is applied immediately when a driver fails or refuses a roadside breath test. If their blood-alcohol concentration (BAC) is found to be higher than 0.08% the results are an immediate licence suspension, vehicle impoundment, and a Notice of Administrative Penalty (NAP).
- A DUI charge, on the other hand, can involve additional testing, legal proceedings, and potentially more serious long-term consequences.
Both types of charges can affect your driving privileges, insurance rates, and even your employment.
Immediate Financial and Legal Impacts
Both IRS and DUI charges can have significant consequences:
- License suspension: Temporary loss of driving privileges.
- Vehicle seizure: When your vehicle is seized after a DUI or IRS charge, it’s usually taken to a tow lot or municipal impound, and your Seizure Notice will tell you exactly where it is and who to contact. You’ll need to cover towing and storage fees, and bring proof of ownership, insurance, and ID to get it back. For more details on checking your vehicle’s location and the release process, visit SafeRoads Alberta.
- Fines and fees: Just in initial fines costs for these charges can range from $300 – $2k+
- Mandatory programs: Education, treatment, or ignition interlock device installation.
Failing to contest these charges may amplify the financial and practical impact. This causes more unneeded stress and further complicates things. It does this by making routines, responsibilities, and family obligations much harder to manage.
Broader Impacts on Your Personal and Professional Life
The effects of these charges extend beyond the immediate penalties and can impact your daily life, your job, your finances, and even your long-term driving record
- Insurance rates: Expect a significant increase after a DUI or IRS Fail. For DUI charges this can last between 5-10 years and IRS 3-5.
- Employment risks: Many positions, especially those involving driving, require a clean record. For example a lot of employers simply can’t take the risk of having someone with a suspended licence on their team, because even something as small as moving a truck across a parking lot could lead to costly fines for both the employee and the company.
- Commercial drivers: Under IRS ZERO: Commercial, any alcohol or drug presence leads to automatic penalties.
- Personal mobility: Losing your licence can significantly disrupt work, family, and daily life.
Working with a DUI specialist early can help reduce these long-term impacts. Acting quickly gives you a better chance to challenge penalties, protect your licence, and keep your insurance rates from skyrocketing. It also means having someone guide you through the process, so you always know what’s happening and what options are available.
The Process
Facing impaired driving charges in Alberta can be stressful, and the processes for IRS and DUI charges are different. Understanding each step, from the traffic stop to the review or court proceedings, can help you protect your licence and make informed decisions. Below, we break down both processes so you know what to expect and what to do about it.
IRS (Immediate Roadside Sanction) Process
- Traffic Stop and Initial Observation – Everything begins when a police officer suspects you might be impaired. This could be due to unusual driving, the smell of alcohol, or other observable signs. They may ask you to complete a Standardized Field Sobriety Test (SFST) or a roadside breath test. Feeling nervous is natural, but arguing or refusing minor instructions can make the situation more complicated. Remaining calm and cooperative is the best approach.
- Failing or Refusing the Roadside Test – If you fail or refuse the test, your licence is suspended immediately and your vehicle is seized. You’ll also receive a Notice of Administrative Penalty (NAP) outlining the suspension, fines, and other administrative consequences. A common mistake is panicking or not reviewing the NAP carefully–missing key details can make it harder to file a review. For more details, see Dahlem Criminal Defence.
- Understanding Your 7-Day Window – Once you have your NAP, you have 7 calendar days to request a review through SafeRoads Alberta. Acting quickly is crucial. Many drivers assume they have more time, and missing this window can make it significantly harder to challenge the sanction.
- Contacting an IRS Specialist – After receiving your NAP, it’s highly recommended to contact an experienced IRS specialist. They can review the NAP for errors and explain your options. Trying to navigate this process alone can be risky, as small details or mistakes may negatively affect your review.
- Preparing Your Review – Your specialist will prepare your submission for SafeRoads Alberta. This may involve pointing out errors in the roadside testing procedure or identifying administrative mistakes. Providing incomplete or unclear information is a common pitfall–working with a professional ensures your case is fully documented and presented correctly.
- Submitting the Review and Staying Informed – Once the review is filed, your specialist will keep you informed. You typically won’t need to appear in person unless requested. Not responding promptly to any follow-up requests is a frequent mistake that can delay or compromise your review.
- Receiving the Outcome – SafeRoads Alberta will issue a written decision that may uphold, reduce, or overturn the suspension or fines. Even if the review isn’t entirely successful, taking action shows responsibility and can be viewed favorably by insurance companies or in future administrative reviews.
- Next Steps if Needed – If the outcome isn’t favorable, additional appeal options or legal action may be possible with the help of a DUI lawyer. Waiting too long or assuming nothing can be done is a common error–understanding your options early is key to protecting your licence, driving record, and future.
DUI (Driving Under the Influence) Process
- Traffic Stop and Initial Investigation – Everything begins when a police officer suspects you might be impaired. This could be because your driving seemed unusual or because there was a noticeable smell of alcohol. They may ask you to complete a Standardized Field Sobriety Test (SFST) or a roadside breath test. Feeling stressed is normal, but arguing or refusing minor instructions can make the situation worse. Staying calm and cooperative is always the best approach.
- Failing a Test or Being Charged – If the tests indicate impairment, you could be charged with DUI under Canada’s Criminal Code. Unlike IRS charges, this is a criminal matter, meaning the consequences are more serious. A common mistake is thinking you can handle this alone–seeking guidance from a DUI lawyer early can make a significant difference.
- Receiving Your Disclosure – After being charged, the police will provide a disclosure, which includes all the evidence against you: test results, officer observations, and other relevant details. It can feel overwhelming at first, but reviewing it carefully with a lawyer is crucial. Misreading the disclosure or overlooking details can negatively affect your defense.
- Getting Help from a DUI Lawyer – Contacting a DUI lawyer promptly is essential. They will review your disclosure, explain your options, and help you determine the best approach. Waiting too long is a common mistake that can limit your choices and affect your case.
- Building Your Defense – DUI cases go through the criminal court system, which may include arraignments, hearings, or even a trial. Your lawyer will represent you every step of the way, negotiate if possible, and ensure all procedures are followed correctly. Missing court dates or not following instructions is a mistake that can make the situation far worse.
- The Court Process – DUI cases go through the criminal court system, which might include arraignments, hearings, or even a trial. Your lawyer will represent you every step of the way, negotiate if possible, and make sure all procedures are followed correctly. Missing court dates or not following instructions is a mistake that can make things much worse.
- Outcome and Penalties – If the case is decided against you, penalties may include fines, licence suspension, vehicle impoundment, mandatory education programs, or even jail time. Even if the outcome isn’t ideal, having a lawyer helps protect your rights and can sometimes reduce the severity of the penalties.
- After the Case – Once the case is resolved, you may need to manage insurance, licence reinstatement, or your criminal record. Working with a DUI attorney ensures you understand these long-term consequences and take the proper steps to safeguard your driving privileges and future.
Start Your IRS or DUI Review Today
Why Fighting IRS and DUI Charges Matters
Contesting these charges is about more than avoiding fines. it’s about protecting your driving record, maintaining your independence, and safeguarding your future opportunities both personally and professionally :
- Protect your livelihood: Maintain your licence and employment opportunities.
- Reduce financial strain: Avoid excessive fines and insurance increases.
- Preserve your record: Prevent lasting marks on your driving or criminal history.
- Peace of mind: Know that your rights are defended and your case is handled correctly.
Taking action early can make a significant difference in the outcome and may help reduce the long-term impact on your life. An experienced DUI defense lawyer can help ensure your rights are protected at every stage.
FAQs
Is it worth fighting a DUI in Alberta?
Absolutely. Even a first offence can have lasting effects on your insurance, employment, and driving record. Many cases have been reduced or overturned due to technical or procedural errors.
How long does a DUI stay on my record in Alberta?
Depending on the outcome, an IRS Fail may stay on your driving record for several years, and a criminal DUI conviction can appear indefinitely.
Can a DUI lawyer really help?
Yes – experienced DUI defense lawyers understand both the legal and administrative systems. They know how to identify weaknesses in evidence and challenge unfair penalties.
What’s the difference between a DUI and an IRS Fail?
A DUI charge is criminal, while an Immediate Roadside Sanction (IRS) is administrative. Both have serious consequences, but the process and penalties differ.
How can Save My Licence help?
We guide drivers through every step, from reviewing disclosures to filing appeals, helping protect driving privileges and rights.
Take Control of Your Defense Today
Facing a DUI or IRS charge is stressful, but you don’t have to face it alone. Talk to our experienced team at Save My Licence and find out how expert guidance can safeguard your licence and help you move forward with confidence.