IMMEDIATE ROADSIDE SANCTIONS (IRS)

In all Canadian provinces, the maximum legal blood alcohol concentration (BAC) for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood or 0.08. Driving with a BAC of over 0.08 is a Criminal Code offence , and the penalties are severe.

In Alberta, like some other Canadian jurisdictions, if you are suspected of having any alcohol in your body (Novice and Commercial drivers) or your BAC is between 0.05 and 0.079 or above, you will also face provincial consequences through the Immediate Roadside Sanctions (IRS) Program.

What is an Immediate Roadside Sanction (IRS)?

An Immediate Roadside Sanction, commonly referred to as an IRS, came into effect in Alberta on December 1, 2020. This program replaced the Alberta Administrative License Suspension program. The IRS program entails a driver of a vehicle having their license suspended for a set period of time due to an impaired driving allegation. The length and type of suspension will depend on what kind of license you have and the results of a roadside breath test.

IRS 24-hour Suspension

Section 88(1), Traffic Safety Act (TSA)
Drivers who are suspected of being impaired by alcohol, drugs or a physical or medical condition that affects their ability to safely operate a vehicle are subject to a 24-hour licence suspension.

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IRS Zero: Novice

Section 88.01, Traffic Safety Act
Issued when the police has reasonable grounds to believe that the driver operated a motor vehicle with any alcohol or drug in their body while they were a novice driver as a class 7 learner’s licence or class 5 Graduated Driver’s Licence (GDL) holder.

  • 30-day driver’s licence suspension
  • 7-day vehicle seizure
  • $200 fine plus victim fine surcharge of 20 percent
  • Subject to additional reinstatement conditions as per the TSA

IRS Zero: Commercial

Section 88.02, Traffic Safety Act

Applies to drivers when law enforcement has reasonable grounds to believe that a commercial driver has operated a commercial vehicle in a commercial capacity with any alcohol or drug in their body.

1st Contravention

  • 3-day driver’s licence suspension
  • $300 fine plus victim fine surcharge of 20 percent

 2nd Contravention

  • 15-day driver’s licence suspension
  • $600 fine plus victim fine surcharge of 20 percent

3rd and subsequent contravention

  • 30-day driver’s licence suspension
  • $1,200 fine plus victim fine surcharge of 20 percent

IRS: Warn

Section 88.03, Traffic Safety Act

Applies to drivers when law enforcement has reasonable grounds to believe that a driver operated a motor vehicle with a blood alcohol concentration that is equal to or exceeds 50 milligrams of alcohol in 100 millilitres of blood.

1st Contravention

  • 3-day driver’s licence suspension
  • 3-day vehicle seizure
  • $300 fine plus victim fine surcharge of 20 percent

2nd Contravention

  • 15-day driver’s licence suspension
  • 7-day vehicle seizure
  • Crossroads Course (1/2 day)
  • $600 fine plus victim fine surcharge of 20 percent

3rd and subsequent contravention

  • 30-day driver’s licence suspension
  • 7-day vehicle seizure
  • Impact Course (2 days)
  • $1200 fine plus victim fine surcharge of 20 percent

IRS: Fail

Section 88.1, Traffic Safety Act

  • the driver operated a motor vehicle while their ability to do so was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug
  • within 2 hours after ceasing to operate a motor vehicle, the driver had a blood alcohol concentration that was equal to or exceeds 80 milligrams of alcohol in 100 millilitres of blood
  • within 2 hours after ceasing to operate a motor vehicle, the driver had a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada)
  • within 2 hours, after ceasing to operate a motor vehicle, the driver had a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and that drug are combined
  • REFUSAL: Under S. 88.1(1)(e) - the notice of administrative penalty may be given for refusal o

1st Contravention

2nd Contravention

3rd and subsequent contravention

  • 90-day driver’s licence suspension followed by lifetime
    participation in the Alberta Ignition Interlock Program
  • 30-day vehicle seizure
  • $2,000 fine plus victim fine surcharge of 20 percent

File for an IRS Review

WHERE: SafeRoads Alberta portal

WHEN: Within 7 days of the issuance of the Notice of Administrative Penalty

WHAT: Choose if you want a written or oral review

HOW: You can apply yourself or through a lawyer

Representation: If you choose to be represented by a lawyer or an agent, you must complete the Consent to Representation form and upload it to the SafeRoads portal.

After the Review

Decision: The adjudicator will make their decision to confirm or cancel your Notice of Administrative Penalty in writing within 30 days (from the date of issuance of notice).

Judicial Review: An application for JR can be filed with the Court of King’s Bench of Alberta, in accordance with section 24(2) of the Provincial Administrative Penalties Act.

A notice must be served to SafeRoads Alberta (if you request a judicial review within 30 days of receiving notification of the decision)

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