Immediate Roadside Sanction
IRS or Immediate Roadside Sanctions FAIL are issued under Section 88.1 of the Traffic Safety Act. An administrative penalty is imposed on those drivers who are suspected of impaired driving or other alcohol related offences.
YOUR APPEAL
A recipient is permitted within 7 days of the IRS to appeal this decision, after this timeline, the recipient may only reasonably appeal if they have reasonable grounds to do so. These grounds require evidence to prove that the accused was physically or mentally unable to appeal their decision.
LATE APPEALS
If you have missed the 7-day deadline, you may qualify for ‘exceptional circumstances’. Late reviews are governed under Section 10 PAPR , which outlines that the recipient may apply up to 12 months after your NAP was issued, Call us, and our team can advise you on whether you may still be eligible for a late review.
Penalties
Imposed on drivers where an officer has reasonable grounds to believe that a driver has between 50-80 mg of alcohol in their bloodstream. The public gets confused as the federal law states that 80 milligrams or higher constitutes an IRS FAIL, however, the province of Alberta has added to this by enacting along side the federal law that if a driver exceeds the legal limit of 50 milligrams of alcohol in their blood stream, they can receive a suspension and towing.
The following WARN penalties occur when your blood alcohol concentration is between 0.05 and 0.079 or you fail drug and alcohol sobriety tests.
- First occurrence
- An immediate 3-day driver’s license suspension where you are unable to drive under any circumstances
- a 3-day vehicle seizure
- a $300 fine plus victim fine surcharge of 20%
- Second occurrence
- an immediate 15-day driver’s license suspension where you are unable to drive under any circumstances
- a 7-day vehicle seizure
- a $600 fine plus victim fine surcharge of 20%
- remedial education through the Crossroads course
- The Planning Ahead course may also be accepted instead of the Crossroads course
- The Planning Ahead course may also be accepted instead of the Crossroads course
- Third occurrence
- an immediate 30-day driver’s license suspension where you are unable to drive under any circumstances
- a 7-day vehicle seizure
- a $1,200 fine plus victim fine surcharge of 20%
- remedial education through the IMPACT Program
Imposed on drivers who hold learner licences or have probationary licences. These types of licences do not permit the driver to have any amount of alcohol in their system.
PENALTIES
Under the IRS ZERO: Novice Program, there is zero tolerance for any alcohol and drugs for novice drivers in the Class 7 learner’s licence or a Class 5-GDL licence category.
If your driver’s licence has been suspended, you will receive the following penalties:
- an immediate 30-day driver’s licence suspension where you are unable to drive under any circumstances
- a 7-day vehicle seizure
- a $200 fine plus victim fine surcharge of 20%
Imposed on drivers that have consumed alcohol or drugs or has any medical condition that is affected the drivers physical or mental ability.
If you are suspected of being impaired by alcohol, drugs or a physical or medical condition that affects your ability to safely drive, you are subject to a 24-hour driver's licence suspension.
If you receive a 24-hour driver's licence suspension for medical reasons, you may have your file reviewed by Driver Fitness and Monitoring to determine your fitness to drive.
IRS: COMMERICAL
Imposed on drivers who are operating a commercial vehicle, such as a delivery truck, bus with any alcohol/drugs in their system
Under the IRS ZERO: Commercial Program, there is zero tolerance for any alcohol or drugs, or both, for drivers operating a commercial vehicle.
- First occurrence
- Immediate 3-day driver’s licence suspension where you are unable to drive under any circumstances.
- $300 fine plus victim surcharge of 20%.
- Second occurrence
- Immediate 15-day driver’s license suspension where you are unable to drive under any circumstances.
- $600 fine plus victim surcharge of 20%.
- Third occurrence
- Immediate 30-day driver’s license suspension where you are unable to drive under any circumstances.
- $1,200 fine plus victim surcharge of 20%.
An officer imposes an IRS fail when they have reasonable grounds to suspect that a driver operated a motor vehicle while their blood alcohol concentration was equal to or exceeded 80 milligrams of alcohol in 100 milliliters of blood.
PENALTIES
IRS: FAIL is administered under section 88.1 of the Traffic Safety Act.
- your blood alcohol concentration is 0.08 or more
- you fail or refuse drug and alcohol testing
- you fail drug recognition tests
First occurrence
- Immediate 2-stage, fixed-term driver’s license suspension consisting of 2 distinct parts:
- 90 days where you are unable to drive under any circumstances
- further 12 month driver’s license suspension:
1. During this 12 month suspension period, you may participate in Alberta’s IRS: FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your license will remain suspended, and you cannot legally drive.
- Complete the Planning Ahead course.
- 30-day vehicle seizure.
- $1,000 fine plus victim fine surcharge of 20%.
- If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.
Second occurrence
- Immediate 2-stage, fixed-term driver’s license suspension consisting of 2 distinct parts:
- 90 days where you are unable to drive under any circumstances
- further 36-month driver’s license suspension:
During this suspension period, you may participate in Alberta’s IRS: FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your licence will remain suspended, and you cannot legally drive.
- Complete the IMPACT Program.
- 30-day vehicle seizure.
- $2,000 fine plus victim fine surcharge of 20%.
- If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.
Third occurrence
- Immediate 2-stage, fixed-term driver’s licensee suspension consisting of 2 distinct parts:
- 90 days where you are unable to drive under any circumstances
- further lifetime driver’s licensee suspension:
During this suspension period, you may participate in Alberta’s IRS: FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your licence will remain suspended, and you cannot legally drive.
Provided you meet the eligibility criteria, you can apply for driver’s license reinstatement and removal of the interlock requirement after 10 years. An application does not guarantee a removal of the lifetime suspension.
- 30-day vehicle seizure
- $2,000 fine plus victim fine surcharge of 20%
- If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.
Get Help From Our Team
If you have been issued an Immediate Roadside Sanction, you must act within 7 days of receiving your notice.
Call or message us at 825-760-4357 for your free quote.