What Is an Immediate Roadside Sanction (IRS) in Alberta?
Understanding the IRS process, what it means for your licence, and what options are available to you.
What Is an IRS?
Understanding Alberta Immediate Roadside Sanctions
An Immediate Roadside Sanction (IRS) is a provincial penalty issued by police under Alberta’s Traffic Safety Act. It suspends your licence immediately. Other consequences depend on the sanction type and can include fines, a vehicle seizure and reinstatement requirements.
Alberta’s IRS categories are FAIL, WARN, ZERO Novice, ZERO Commercial and 24-Hour. Your Notice of Administrative Penalty identifies the sanction you received. This guide explains the differences, what happens next and how to challenge an IRS through the review process.
Types of Immediate Roadside Sanctions in Alberta
There are several categories of IRS in Alberta. The type you receive determines the severity of the penalties, the specific consequences that apply, and the arguments that are available for cancellation.
For a quick-reference breakdown of penalties, visit our IRS Appeal page.
Immediate Roadside Sanction: FAIL
IRS FAILs are the most serious IRS category.
An IRS FAIL can be issued when a peace officer has reasonable grounds to believe that a driver operated a vehicle while impaired by alcohol, a drug, or a combination of both; that a driver had a blood alcohol concentration at or above 80 mg per 100 mL of blood within two hours of driving; that a driver had a blood drug concentration at or above the prescribed limits within two hours of driving; that a driver had a combined blood alcohol and blood drug concentration at or above the prescribed limits within two hours of driving; or that a driver failed or refused to comply with a demand for a breath or bodily fluid sample.
Penalties escalate with each occurrence, starting with a 90-day licence suspension followed by a further 12-month suspension, a 30-day vehicle seizure, and a $1,000 fine for a first occurrence. A second occurrence extends the further suspension to 36 months and increases the fine to $2,000. A third occurrence results in a lifetime suspension following the initial 90 days. Drivers who also receive criminal impaired driving charges may face additional court-imposed penalties.
Immediate Roadside Sanction: Warn
An IRS WARN can be issued when a driver provides a breath sample showing a blood alcohol concentration between 0.05 and 0.079.
For a first occurrence, penalties include a 3-day licence suspension, a 3-day vehicle seizure, and a $300 fine. Penalties escalate with each occurrence, reaching a 30-day suspension and $1,200 fine by a third occurrence.
An IRS WARN can also affect your insurance. The impact depends on your insurer and driving history, not just the fine listed on your notice.
Immediate Roadside Sanction: ZERO Novice
Under the IRS ZERO Novice Program, there is zero tolerance for any alcohol or drugs for drivers holding a Class 7 Learner’s licence or a Class 5 GDL licence. Any detectable amount can trigger a sanction. Penalties include a 30-day licence suspension, a 7-day vehicle seizure, and a $200 fine.
Immediate Roadside Sanction: ZERO Commercial
Under the IRS ZERO Commercial Program, there is zero tolerance for any alcohol or drugs for drivers operating a commercial vehicle. For a first occurrence, penalties include a 3-day licence suspension and a $300 fine. Penalties escalate with subsequent occurrences.
Immediate Roadside Sanction: 24
An IRS 24 can be issued at the officer’s discretion when a driver is suspected of being impaired by alcohol, drugs, or a physical or medical condition that affects their ability to safely drive. The driver’s licence is suspended for 24 hours, and a peace officer may also seize the vehicle for 24 hours.
What Happens at the Roadside
An IRS investigation typically begins during a traffic stop or checkstop, but can be issued anywhere, including your home or the police detachment.
If a police officer suspects alcohol impairment, they may demand a breath sample using an Approved Screening Device or an Approved instrument. For drug impairment, the officer may demand the driver to perform a Standardized Field Sobriety Test, provide a fluid sample or comply with a Drug Recognition Expert evaluation.
Depending on the outcome of the testing, the police officer may issue an IRS under the applicable sections of the Traffic Safety Act. It is important to note that they may also issue an IRS based on the officer’s observations without any objective testing being conducted.
Once charged under the Immediate Roadside Sanction program you are issued a Notice of Administrative Penalty outlining the sanctions that apply.
It is important to understand that the IRS process places the burden on the driver to challenge the sanction after the fact. The penalties begin the moment the sanction is issued, regardless of whether the driver believes the results were accurate or the process was followed correctly.
What You Can Do After an IRS Fail
You Have the Right to Challenge an Immediate Roadside Sanction
If you’ve received an Immediate Roadside Sanction in Alberta, you are entitled to request a review through SafeRoads Alberta. This is the only mechanism available to have the sanction cancelled. The deadline to apply is 7 calendar days from the date your IRS was issued. If you’ve already missed that deadline, a late review may still be available.
What a SafeRoads IRS Review Actually Examines
An IRS review is not a re-trial of whether you were impaired. It is an administrative review that examines whether the sanction was issued in accordance with the regulatory and procedural requirements set out in Alberta legislation and the applicable caselaw.
The review can examine the grounds for the sanction itself as well as the process that led to it, including:
- The circumstances of the stop,
- Whether proper procedures were followed,
- Whether the officer had the required grounds to issue the IRS, and
- Whether the administrative steps were completed correctly.
This is why experienced representation matters. The details that determine what arguments are available are technical, and knowing what to look for requires familiarity with the legislation, the caselaw, and how SafeRoads adjudicators apply it.
How the IRS Review Process Works
Once you’ve decided to move forward with a review, here’s what the process looks like.
Start With a Free Consultation
Tell us what happened and show us your IRS notice. We explain your options, check your deadline and answer your questions about the appeal and our fees.
We File Your Review Request
If you hire us and have not already requested a review, we handle that step on your behalf. We confirm the review date and the deadlines for preparing and submitting your case.
We Build Your Case
We review the officer’s records, testing information and your account of what happened. We identify the grounds that apply to your case and prepare the evidence and arguments for your SafeRoads review.
We Handle the Submission and Next Steps
We submit your case to SafeRoads Alberta. When the written decision arrives, we explain the result and what you need to do next.
Have Questions About Your IRS?
A Free Consultation Is the Fastest Way to Get Answers.
How an IRS Differs from a Criminal Impaired Driving Charge
One of the most common sources of confusion is the relationship between an IRS and a criminal impaired driving charge. They are entirely separate processes.
An IRS is an administrative penalty issued under provincial law. It is handled through SafeRoads Alberta, not the courts. A criminal charge is laid under the Criminal Code of Canada and is prosecuted through the criminal justice system.
In some cases, a driver may receive both an IRS and a criminal charge arising from the same incident. These are dealt with independently. A successful IRS review does not affect a criminal charge, and a criminal acquittal does not automatically cancel an IRS.
Save My Licence handles IRS reviews through SafeRoads Alberta.
If you are also facing a criminal charge, we can refer you to an experienced impaired driving lawyer in your area.
FAQs
Can I drive while my IRS review is in process?
Requesting a review does not itself lift your suspension. You cannot drive while your licence remains suspended. A shorter suspension may end before the review is decided, but you must confirm your licence status and complete any required reinstatement steps before driving.
Who can receive an IRS in Alberta?
Any driver on Alberta roads can receive an IRS if a police officer has grounds to suspect impairment by alcohol, drugs, or a combination of both. This includes fully licenced drivers, GDL and learner’s permit holders, and commercial vehicle operators. Novice and commercial drivers are subject to zero-tolerance conditions, meaning any detectable amount can trigger a sanction.
Is an Ignition Interlock Device Mandatory After an IRS FAIL?
Not exactly. An IRS FAIL suspension has two stages. The first stage is a 90-day suspension during which you cannot drive under any circumstances. After that, a further suspension period begins (12 months for a first occurrence, 36 months for a second, and lifetime for a third). During this second stage, you may apply to participate in Alberta’s IRS FAIL Ignition Interlock Program, which would allow you to drive a vehicle equipped with an interlock device. However, participation is discretionary and access is not guaranteed. If you do not participate, whether by choice or because your application is not approved, your licence remains suspended for the full period.
Do I need a Lawyer for an IRS review?
No. IRS reviews are administrative hearings, not court proceedings, so a lawyer is not required. You can represent yourself, or you can hire a specialized paid representative like Save My Licence. Because we work exclusively within the SafeRoads Alberta system, our experience is focused specifically on IRS reviews, and our fees are typically much lower than a lawyer’s.
Does an IRS show up on my criminal record?
No. An IRS is an administrative sanction, not a criminal charge. It will not appear on a criminal record, and in most cases will not affect your ability to travel. However, it does appear on your Alberta driving abstract and can significantly affect your insurance, and your ability to work.
Are all IRS penalties the same?
No. Penalties vary significantly depending on the type of IRS (FAIL, WARN, ZERO, or 24-Hour), whether it is a first or subsequent sanction, and the specific circumstances of the case. Our IRS Appeal page outlines the penalties for each type.
What if I missed the 7-day deadline?
You may still be able to request a late review if you can demonstrate exceptional circumstances for missing the deadline. Late reviews are available up to one year after the IRS was issued. Visit our Late IRS Review page for more information.
Can I handle the review myself?
You have the right to represent yourself. However, the review process involves technical regulatory and procedural issues, and the grounds for a successful outcome are not always obvious from the documents alone. Most drivers who contact us do so because they want experienced eyes on their file.
What happens if my review is unsuccessful?
If your IRS is upheld, the original penalties remain in place. Depending on your situation, there may be further options available. We can discuss these with you after the decision is issued.
Do I Have to Pay Before My Review, and Is There a Refund if It's Unsuccessful?
Our fees must be paid before your hearing takes place. This is because the majority of the work, including obtaining and reviewing your disclosure, researching the applicable legislation and caselaw, and preparing your submission, is completed before the hearing itself. If your review is unsuccessful, fees are not refundable, as the work has already been done on your behalf.
Can You Guarantee or Promise a Result?
No, and you should be cautious of anyone who does. Every IRS case involves a unique set of facts, and the outcome depends on the specific circumstances of your interaction with police, the procedures that were followed, and importantly, how the adjudicator interprets the facts and applies the law. What we can tell you is that we will review your case thoroughly, identify every available ground, and put forward a strong submission on your behalf. A free consultation is the best way to get an honest assessment of where your case stands.
Have Questions About Your IRS?
If you’ve received an Immediate Roadside Sanction in Alberta and want to understand your options, contact us for a free consultation. We’ve represented over 1,200 Alberta drivers through the IRS review process at SafeRoads Alberta.