What is an Immediate Roadside Sanction (IRS)
IRS charges can affect your finances, licence, and future – learn how to protect yourself
Immediate Roadside Sanctions
An Immediate Roadside Sanction (IRS) in Alberta can have serious consequences, but understanding the process and acting quickly gives you the best chance to protect your licence and driving record.
Understanding Immediate Roadside Sanctions in Alberta
If you’ve recently received an Immediate Roadside Sanction in Alberta, you may be feeling uncertain or anxious about what happens next. At Save My Licence, we provide clear, practical guidance so you understand what this all means and what steps you can take to protect your licence. An IRS can feel overwhelming, but knowing your options can help reduce stress and give you confidence in moving forward.
Alberta introduced this system to handle impaired-driving cases faster and keep them outside of court.
There are several types of Immediate Roadside Sanctions including IRS Warn, IRS Fail, and IRS ZERO: Commercial. Each carries its own consequences, but an IRS Fail is among the most serious.
- IRS Warn: A warning issued when your blood alcohol level is between 0.05% and 0.079% or when you fail drug and alcohol tests.
- IRS Fail: Issued when a roadside test indicates impairment, or you fail or refuse to take a drug test, triggering immediate penalties.
- IRS ZERO: Commercial: Applies to commercial drivers, where there is zero tolerance for alcohol and drugs.
Understanding the type of sanction you received is important, as it affects the penalties you face and your available options.
For more information on Alberta’s impaired driving penalties, you can visit Alberta’s official impaired driving page.
If you want to understand how DUI convictions can affect employment, this article from Kolinsky provides helpful insights.
What Happens During an IRS Fail
An IRS Fail occurs when:
- Your roadside breath test shows a blood-alcohol concentration (BAC) of 0.08 or higher
- You refuse to provide a breath or fluid sample
Immediate consequences may include:
- Vehicle seizure for up to 30 days
- Driver’s licence suspension for up to 90 days
- Mandatory education programs
- Potential ignition interlock device installation
These penalties can impact your daily life, work, and mobility. Understanding the process can help you take steps to manage the situation calmly and effectively.
What You Can Do After an IRS Fail
The good news is that you do have options. You can request a review of your Immediate Roadside Sanction through SafeRoads Alberta – but strict deadlines apply. You typically have seven days from the date of the sanction to file your appeal.
At Save My Licence, we guide you through every step of this process – from reviewing your police disclosure to helping you file your review on time. We focus on clarity, fairness, and results, ensuring your case gets the attention it deserves.
Why Acting Promptly Matters
Taking action soon after receiving an Immediate Roadside Sanction is important, especially because you typically have a seven-day window to request a review. Acting within this period gives you the best chance to have your case examined thoroughly and can make a real difference in the outcome. If you wait too long delays can:
- Affect your chance to challenge the sanction
- Impact your insurance or driving record
- Cause unnecessary stress and uncertainty
Even if you are unsure of the strength of your case or feel overwhelmed, starting the review process promptly ensures your rights are protected and that you do not miss critical deadlines. Moving quickly shows responsibility and may be viewed positively in the review, which can help improve the chances of a favorable decision. By understanding deadlines and procedures, you can approach the process confidently, knowing you are taking proactive steps to protect your rights.
The Process
Facing an Immediate Roadside Sanction (IRS) in Alberta can be stressful and confusing. The consequences can impact your licence, vehicle, and daily life. Below, we break down the process step by step so you know what to expect and how to take action.
Traffic Stop and Initial Observation
It all starts when a police officer suspects you might be impaired. This could be because of unusual driving, the smell of alcohol, or other signs. They may ask you to do a Standardized Field Sobriety Test (SFST) or a roadside breath test. It’s natural to feel nervous, but arguing or refusing minor instructions can make things more complicated. Staying calm and cooperative is the best approach.
Failing or Refusing the Roadside Test
If you fail or refuse the test, your licence will be suspended immediately, and your vehicle will be seized. You’ll also receive a Notice of Administrative Penalty (NAP) that outlines the suspension, fines, and other administrative consequences. A common mistake is panicking or not looking over the NAP carefully–missing details can make it harder to file a review. For more details, see Dahlem Criminal Defence.
Understanding Your 7-Day Window
After receiving your NAP, you have 7 calendar days to request a review through SafeRoads Alberta. Acting quickly is essential. A mistake many drivers make is assuming they have more time–missing this window can make it much more difficult to challenge the sanction.
Contacting an IRS Specialist
Once you have the NAP, reaching out to an experienced IRS specialist is highly recommended. They can review the NAP, check for errors, and explain your options. Some drivers try to do this alone, but that can be risky if important details are missed.
Preparing Your Review
Your specialist will get your submission ready for SafeRoads Alberta. This may involve pointing out errors in the roadside testing procedure or administrative mistakes. A common pitfall is giving incomplete or unclear information–having a professional guide the process ensures your case is properly documented and a much higher chance of a successful appeal.
Submitting the Review and Staying Informed
Once the review is filed, your IRS specialist keeps you updated. You usually don’t need to appear in person unless requested. The most common mistake here is not responding promptly to any follow-up requests, which can delay or hurt your review.
Receiving the Outcome
SafeRoads Alberta will send a written decision, which might uphold, reduce, or overturn the suspension or fines. Even if the review isn’t fully successful, taking action shows responsibility, which can help with future insurance companies or administrative reviews.
Next Steps if Needed
If the outcome isn’t favourable, there may be additional options for appeal or further legal action with the help of a lawyer. Waiting too long or assuming nothing can be done is a common mistake. Knowing your options early is key to protecting your licence, driving record, and future.
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Preventing IRS Fails in the Future
While you can’t change the past, you can reduce the risk of future IRS fails by adopting safe driving habits:
- Plan Ahead – Avoid driving after consuming alcohol or drugs. You can use a designated driver, ride-sharing service such as Uber or order a taxi.
- Know Your Limits – Understanding how alcohol affects you personally is the key to avoiding future IRS fails. Portable breathalyzers that you can buy online or in stores can help you to check your blood alcohol concentration (BAC) before driving. It’s also a good idea to review Alberta’s legal limits and government BAC guidelines so you know where you stand before getting behind the wheel.
- Stay Informed – Keep up-to-date with Alberta’s rules regarding roadside testing and impaired driving.
Being proactive can help you maintain your driving privileges and avoid stressful situations in the future.
FAQs
Can I drive while my IRS review is in process?
Unfortunately, no. Once you receive an Immediate Roadside Sanction, your licence is suspended right away, and that suspension stays in place while your review is being processed. Even if you request a review through SafeRoads Alberta, you cannot legally drive until a decision is made. If your review is successful and the IRS is cancelled or changed, your licence may be reinstated sooner, but until then, you will need to wait for the outcome.
Who can receive an IRS in Alberta?
Any driver suspected of impaired driving, including commercial drivers under zero-tolerance rules.
Can a lawyer help with an IRS review?
Yes. Legal guidance can improve your chances of reducing or overturning a sanction. However, a DUI specialist such as Save My Licence is often more effective and can cost considerably less.
Does an IRS show up on my criminal record?
No. IRS charges are administrative, not criminal, so they will not appear on your criminal record. However, they can still have serious consequences, such as an immediate licence suspension, vehicle seizure, fines, and higher insurance rates.
Are all IRS penalties the same?
No. They range from minor warnings to severe fails, with different fines, suspensions, and programs.