What Are Immediate Roadside Sanctions (IRS)?
Definition and Purpose of the IRS Program
Immediate Roadside Sanctions (IRS) is a provincial administrative penalty program introduced in Alberta to address impaired driving. Instead of pursuing criminal charges in every impaired driving case, IRS allows law enforcement to impose immediate penalties on drivers caught with a blood alcohol concentration (BAC) over the legal limit or under the influence of drugs.
The primary goals of the IRS program are:
- Enhancing road safety by swiftly removing impaired drivers from Calgary’s streets.
- Reducing court backlog by handling certain impaired driving cases through administrative rather than criminal procedures.
- Providing immediate consequences that serve as deterrents for driving under the influence.
Key Legislative Framework Under Alberta’s Impaired Driving Laws
The IRS program is governed by the Provincial Administrative Penalties Act (PAPA) and aligns with both provincial and federal laws on impaired driving. Under Alberta’s Traffic Safety Act, police officers have the authority to impose immediate penalties, including licence suspensions and vehicle seizures, when a driver is found to be impaired.
Alberta’s IRS penalties operate under a tiered system, with escalating consequences for repeat offences. These penalties apply when:
- A driver’s BAC is 0.05 or higher (exceeding the provincial threshold).
- A driver’s BAC is 0.08 or higher, which is a federal criminal offence.
- A driver is impaired by drugs or a combination of drugs and alcohol.
- A driver refuses to provide a breath or blood sample when lawfully requested.
Difference Between IRS and Traditional Criminal Impaired Driving Charges
Before the introduction of IRS, impaired driving cases in Alberta primarily led to criminal charges under the Criminal Code of Canada. This process involved arrest, court proceedings, and potential criminal convictions.
With IRS, many impaired driving incidents are now handled through provincial administrative penalties rather than the courts. The key differences include:
| Factor | Immediate Roadside Sanctions (IRS) | Criminal Charges |
| Process | Handled through an administrative penalty system | Requires court proceedings |
| Licence Suspension | Immediate licence suspension of 90 days, followed by a 12-month interlock program | Licence suspension determined by court |
| Vehicle Seizure | Immediate vehicle seizure (varies based on offence severity) | Potential vehicle impoundment |
| Criminal Record | No criminal record, but penalty remains on driving record | Criminal record upon conviction |
| Appeal Process | Can be challenged through SafeRoads Alberta appeal system | Legal proceedings in court required |
Although IRS penalties do not result in a criminal record, they can still have serious financial and legal consequences, such as increased insurance premiums and mandatory participation in educational or rehabilitation programs.
IRS Categories and Their Impact on Drivers in Calgary
Overview of Different IRS Levels Based on Impairment Severity
IRS: Fail – High Blood Alcohol Concentration (BAC) Levels
The IRS: Fail category applies when a driver’s BAC is 0.08 or higher, exceeding the legal limit set by the Criminal Code of Canada. This is the most serious level under the IRS program and carries immediate and severe consequences.
Penalties for IRS: Fail
- Immediate 90-day licence suspension (no driving privileges).
- Vehicle seizure for 30 days (towing and storage costs apply).
- Mandatory participation in the Ignition Interlock Program for 12 months after the suspension period.
- Fines starting at $1,000, increasing for repeat offences.
- Mandatory “Planning Ahead” or “IMPACT” impaired driving education program.
A driver facing an IRS: Fail sanction does not receive a criminal record but is subject to penalties that can significantly impact their ability to drive and lead to higher insurance costs.
IRS: Warn – Lower BAC but Still Impaired
The IRS: Warn category applies when a driver’s BAC is between 0.05 and 0.079. While this does not exceed the federal criminal threshold, Alberta law considers this level of impairment risky enough to warrant immediate administrative action.
Penalties for IRS: Warn
- First offence: 3-day licence suspension and 3-day vehicle seizure.
- Second offence (within 10 years): 15-day licence suspension, 7-day vehicle seizure, and mandatory education program.
- Third offence (within 10 years): 30-day licence suspension, 7-day vehicle seizure, and mandatory participation in the Ignition Interlock Program.
Drivers in Calgary should be aware that even if they are below the 0.08 BAC level, they can still face serious consequences if they register in the IRS: Warn category, particularly if they have multiple violations.
IRS: Zero Tolerance – New Drivers and Commercial Drivers
The IRS: Zero Tolerance category applies to two specific groups:
- Graduated Driver Licensing (GDL) drivers – including learners and probationary drivers.
- Commercial vehicle drivers – operating under a Class 1, 2, or 4 licence.
Under Alberta’s Zero Tolerance law, these drivers must not have any alcohol or drugs in their system while operating a vehicle. Even trace amounts can lead to penalties.
Penalties for IRS: Zero Tolerance
- First offence: 30-day licence suspension and 7-day vehicle seizure.
- Additional offences: Longer suspensions, possible requirement for an Ignition Interlock Device, and mandatory education programs.
For Calgary’s GDL drivers, a single Zero Tolerance offence can delay their progression to a full, unrestricted licence. For commercial drivers, an IRS: Zero Tolerance sanction can jeopardize their employment, as they may be unable to drive for work.
How the IRS Classification Affects Penalties and Consequences
The IRS category a driver falls into determines the severity of the penalties they face.
| IRS Category | Who It Applies To | Key Penalties | Long-Term Consequences |
| IRS: Fail | Any driver with BAC 0.08+ | 90-day licence suspension, 30-day vehicle seizure, mandatory Ignition Interlock (12 months) | Increased insurance rates, expensive fines, possible employment issues |
| IRS: Warn | Any driver with BAC 0.05 – 0.079 | 3 to 30-day suspension, vehicle seizure (repeat offences), education program | Repeat offences can lead to mandatory Ignition Interlock |
| IRS: Zero Tolerance | GDL drivers, commercial drivers | 30-day licence suspension, 7-day vehicle seizure | Delays in GDL graduation, impact on employment for commercial drivers |
Penalties for IRS in Calgary
Fines and Administrative Penalties
The IRS program imposes graduated fines based on the level of impairment and whether it is a repeat offence. These fines are separate from court-imposed criminal fines and must be paid directly through Alberta’s SafeRoads system.
| IRS Category | First Offence | Second Offence (within 10 years) | Third Offence (within 10 years) |
| IRS: Fail (BAC 0.08+) | $1,000 fine | $2,000 fine | $2,000 fine + mandatory ignition interlock |
| IRS: Warn (BAC 0.05 – 0.079) | No fine | $200 fine | $300 fine |
| IRS: Zero Tolerance (GDL/Commercial) | No fine | No fine | No fine |
- Additional fees: Calgary drivers may also have to pay administrative fees, towing/storage costs, and reinstatement fees for their licence and vehicle.
- Payment process: Fines must be paid via SafeRoads Alberta, and failure to pay could result in additional penalties or difficulty renewing a driver’s licence.
Licence Suspensions
The duration of licence suspensions varies based on the IRS category and the driver’s history of offences. Licence suspensions begin immediately upon issuance of an IRS sanction, meaning drivers in Calgary cannot drive away from a traffic stop if sanctioned.
| IRS Category | First Offence | Second Offence (within 10 years) | Third Offence (within 10 years) |
| IRS: Fail (BAC 0.08+) | 90-day immediate suspension + 12-month mandatory ignition interlock | Same as first offence | Same as first offence |
| IRS: Warn (BAC 0.05 – 0.079) | 3-day suspension | 15-day suspension | 30-day suspension |
| IRS: Zero Tolerance (GDL/Commercial) | 30-day suspension | Same as first offence | Same as first offence |
- GDL drivers: Any IRS-related licence suspension will reset their probation period, delaying their ability to graduate to a full licence.
- Ignition Interlock: After the 90-day suspension for IRS: Fail, drivers must install an Ignition Interlock Device (IID) for 12 months if they wish to resume driving.
Vehicle Seizures
Depending on the IRS category, a driver’s vehicle may be seized on the spot, requiring them to pay towing and storage fees before getting it back. The length of the vehicle impoundment increases for repeat offenders.
| IRS Category | First Offence | Second Offence (within 10 years) | Third Offence (within 10 years) |
| IRS: Fail (BAC 0.08+) | 30-day vehicle seizure | Same as first offence | Same as first offence |
| IRS: Warn (BAC 0.05 – 0.079) | 3-day vehicle seizure | 7-day vehicle seizure | 7-day vehicle seizure |
| IRS: Zero Tolerance (GDL/Commercial) | 7-day vehicle seizure | Same as first offence | Same as first offence |
- Who pays for towing and storage? Drivers are responsible for all towing and impound lot fees, which can add up to hundreds of dollars in Calgary.
- Where are vehicles taken? Impounded vehicles are stored at designated impound lots, such as Calgary Parking Authority Impound Lot (400 39 Ave SE, Calgary, AB).
Mandatory Education Courses
Repeat IRS offenders are required to complete government-mandated education programs before they can regain full driving privileges. These programs are designed to educate drivers on the risks of impaired driving and reduce repeat offences.
| Course | Who Must Take It? | Cost | Duration |
| Planning Ahead | Drivers with one IRS: Fail or two IRS: Warn offences | $220 | 8 hours |
| IMPACT | Drivers with two or more IRS: Fail offences | $750 | 16 hours |
- Course completion required: Drivers must successfully complete their assigned course before they can have their licence fully reinstated.
- Additional requirements: Some Calgary drivers may also be required to undergo an alcohol or drug dependency assessment if their record shows multiple IRS offences.
Legal Rights and Options after Receiving an IRS in Calgary
Can You Challenge an IRS Penalty?
Yes, drivers in Calgary have the right to challenge an IRS penalty by requesting a review through SafeRoads Alberta. However, there are strict deadlines and limited grounds for appeal.
A driver may challenge an IRS decision if:
✅ They believe the test result was inaccurate (e.g., a faulty breathalyzer reading).
✅ They were not lawfully pulled over or tested under improper procedures.
✅ They were not given the opportunity to provide a proper breath or saliva sample.
✅ There were medical reasons affecting the breathalyzer reading.
✅ They were issued an IRS despite not consuming alcohol or drugs before driving.
However, not agreeing with the penalty or arguing that you were “only slightly impaired” is not considered a valid defence under the IRS review process.
Steps to Request a Review of an IRS Decision
If you believe you were unfairly penalized, you can request a review through SafeRoads Alberta. The process is time-sensitive, so it is crucial to act quickly.
1. Submit Your IRS Review Application
- You must apply within 7 days from the date of receiving the IRS penalty.
- Applications are submitted online through SafeRoads Alberta.
- A $150 non-refundable fee applies for a written review, while an oral review costs $250.
2. Prepare Supporting Evidence
When submitting your review request, you should gather and submit relevant evidence, such as:
📌 Dashcam footage showing police procedures.
📌 Witness statements from passengers or others present.
📌 Medical records (e.g., if a medical condition affected the test).
📌 Calibration records of the breathalyzer (if available).
3. Attend the Review Hearing
- If you request an oral review, you will have the chance to present your case and respond to evidence from law enforcement.
- If you choose a written review, the decision will be made based on your submitted evidence.
4. Receive a Decision
- SafeRoads Alberta will issue a decision within 30 days.
- If the IRS is cancelled, your licence will be reinstated, and any fines or impoundment fees may be refunded.
- If the IRS is upheld, you must comply with all penalties, including the suspension, vehicle seizure, and interlock program (if applicable).
💡 Important: Even if your IRS penalty is overturned, the initial suspension still applies until SafeRoads Alberta officially cancels it.
When to Seek Legal Representation
While it is possible to request a review on your own, hiring a Calgary criminal defence lawyer can increase your chances of successfully challenging an IRS penalty. A lawyer can:
✔ Assess whether police followed proper procedures.
✔ Identify errors in breathalyzer or drug test results.
✔ Gather and present strong evidence to support your case.
✔ Advocate for you during the SafeRoads Alberta review hearing.
When should you contact a lawyer?
🔹 If your job depends on your ability to drive (e.g., commercial drivers, delivery drivers).
🔹 If you have a previous impaired driving record, which could lead to harsher penalties.
🔹 If you believe your rights were violated during the roadside stop.
🔹 If you need help navigating the appeal process and collecting strong evidence.
Many Calgary DUI lawyers offer free consultations, allowing you to determine whether you have a strong case for appeal before committing to legal fees.
The Role of a Calgary Criminal Defence Lawyer in IRS Cases
How an Experienced Calgary Lawyer Can Help Fight an IRS
A DUI or criminal defence lawyer specializing in impaired driving cases understands the intricacies of Alberta’s IRS laws and can:
✔ Analyze the circumstances of your stop – Lawyers assess whether the police had reasonable grounds to conduct a roadside test and if proper procedures were followed.
✔ Challenge the accuracy of breathalyzer and drug tests – Breathalyzers and roadside drug tests can sometimes produce false positives due to improper calibration, medical conditions, or external factors like mouthwash or medication.
✔ Ensure your Charter rights were not violated – If the police failed to inform you of your rights (such as the right to contact a lawyer) or conducted an unlawful search, your lawyer can argue that the IRS should be dismissed.
✔ Assist with the SafeRoads Alberta review process – Lawyers help gather strong evidence, prepare legal arguments, and represent you in the oral or written review hearing to maximize your chances of a successful appeal.
✔ Negotiate alternatives to penalties – In some cases, a lawyer may be able to reduce the severity of the penalties, such as securing a shorter licence suspension or avoiding the ignition interlock program.
Legal Strategies to Reduce Penalties or Challenge the Validity of the Roadside Test
A strong legal defence depends on the specifics of the case. Some of the most effective strategies used by Calgary criminal lawyers include:
1. Challenging the Legality of the Stop
- Police must have reasonable suspicion before demanding a roadside breath test. If they stopped you without proper justification, the IRS may be overturned.
- Example: If you were pulled over without swerving, speeding, or violating traffic laws, a lawyer can argue that the stop was unlawful.
2. Contesting the Breathalyzer or Drug Test Results
- Breathalyzer devices must be properly maintained and calibrated—if there are inconsistencies in the testing logs, a lawyer can question the validity of the results.
- Certain medical conditions (e.g., diabetes, acid reflux) can cause false positives. If you have a medical condition that affects BAC readings, this can be used in your defence.
3. Proving Police Procedural Errors
- If police failed to follow correct procedures, such as not informing you of your right to legal counsel, the IRS sanction could be challenged and revoked.
- Example: If you were denied access to a lawyer when requesting legal advice, it may be grounds for a successful appeal.
4. Arguing That the Driver Was Not Impaired
- A lawyer may present witness testimony, medical records, or expert reports showing that you were not impaired at the time of the stop.
- Example: If you had a drink hours before driving, but residual alcohol triggered a breath test reading, your lawyer may argue that you were not actively impaired.
Success Rates of Appealing IRS Decisions in Calgary
The success rate of overturning an IRS penalty depends on the circumstances of the case and the strength of the legal arguments presented.
- Drivers who challenge IRS penalties on their own have a lower success rate because they may lack the legal knowledge to identify errors or procedural mistakes.
- Drivers who hire a lawyer typically have higher success rates, as lawyers know how to effectively challenge breath test results, procedural errors, and Charter violations.
💡 Statistics on IRS appeals:
- While the Alberta government does not publish official success rates, legal professionals estimate that approximately 30% to 50% of IRS appeals with strong legal arguments result in reduced penalties or overturned decisions.
- Cases involving breathalyzer inaccuracies, police procedural errors, or lack of reasonable suspicion have a higher likelihood of success.
When Should You Contact a Lawyer?
If you have received an IRS in Calgary, consulting a lawyer as soon as possible is crucial. Given the tight 7-day deadline for requesting a review, delays can jeopardize your ability to challenge the penalty.
🔹 Situations where hiring a lawyer is essential:
✔ If you rely on your driver’s licence for work (e.g., commercial drivers, Uber/Lyft drivers).
✔ If the IRS penalty will result in a financial burden (e.g., fines, increased insurance rates).
✔ If you suspect police procedural errors or an unjustified stop.
✔ If you have a prior impaired driving history, which could lead to harsher penalties.