In Alberta, a driver stopped for suspected impaired driving may face an Immediate Roadside Sanction (IRS). These are administrative penalties that police can impose immediately at the roadside and separately from any criminal charge.
What Should You Expect During a Traffic Stop?
Police may make a Mandatory Alcohol Screening demand, sometimes called a MAS, without reasonable suspicion. They may also make an Approved Screening Device demand, or ASD demand, where impairment is suspected. Drivers are legally required to comply with these demands.
Depending on the result and the circumstances, officers may issue an immediate licence suspension and seize the vehicle at the roadside. Where drug impairment is suspected, police may investigate through roadside sobriety testing or drug screening procedures.
What Are the Common IRS Categories?
24-Hour Sanction
If an officer reasonably suspects impairment by alcohol, drugs, or a physical or medical condition that affects safe driving, the driver may receive a 24-hour licence suspension. The vehicle may also be seized for up to 24 hours.
Novice Driver Zero Tolerance
Learner and probationary drivers are subject to zero-tolerance rules. Detectable alcohol or drugs can result in a 30-day suspension and a 7-day vehicle seizure.
WARN Range
A blood alcohol concentration between 50 and 79 mg/100 mL can result in a 3-day suspension and a 3-day vehicle seizure for a first occurrence. The penalties increase for repeat occurrences and may include required remedial programming.
FAIL Result
A blood alcohol concentration of 80 mg/100 mL or higher, a failed or refused drug or alcohol test, or a failed drug recognition test may result in a 90-day immediate suspension. After that period, a further suspension may apply, together with a 30-day vehicle seizure, mandatory programming, financial penalties, and harsher consequences for repeat occurrences.
What Rights Do Drivers Have at the Roadside?
Officers have a duty to inform individuals about administrative penalties issued under a Notice of Administrative Penalty, or NAP. If a person is handcuffed or detained, police should clarify whether the matter is proceeding administratively or criminally.
If criminal charges are pursued, the individual has the right to speak with counsel within a reasonable time. Drivers should also pay attention to how the documents are served, because service issues may become important when reviewing or challenging a suspension.
Can a Notice of Administrative Penalty Be Challenged?
A roadside sanction may be challenged through the SafeRoads Alberta review process. The review can address the reliability of the evidence used to issue the NAP, the testing and investigation, the service of documents, and whether the sanction was issued in accordance with the legal requirements.
Depending on the circumstances, the roadside appeal process may involve additional ASD testing on a new device or other steps intended to confirm, reduce, or cancel the sanction. A review is not automatic, and the available arguments depend on the documents and facts of the individual case.
What Is the Limitation Period?
The deadline is short. A standard request for review is generally due within 7 days of the date the IRS Notice of Administrative Penalty was issued. Missing that deadline may affect the ability to challenge the suspension, so it is important to obtain advice immediately.
Why Is Early Legal Advice Important?
Even though an IRS is administrative, its effects can be immediate: employment, insurance, and the ability to drive may all be affected. The sanction can also continue independently of a criminal case, including where criminal charges are later dropped.
Early legal advice may help you understand your options, preserve important evidence, and determine whether the roadside process complied with legal requirements. Keep your NAP, seizure notice, licence documents, and any notes from the stop, and seek advice before the review deadline passes.
As Alberta continues to enforce impaired-driving rules through both administrative penalties and criminal law, understanding your rights and obtaining timely legal advice can make an important difference. Learn more about our Immediate Roadside Sanction legal services.
This article provides general information only and is not legal advice. Penalties, procedures, and deadlines can depend on the specific notice and may change over time.