Immediate Roadside Sanctions in Alberta
An Immediate Roadside Sanction (IRS) is an administrative driving penalty that can take effect at the roadside. It is separate from a criminal impaired-driving charge, but it can affect your licence, vehicle, work, insurance, and ability to drive right away.
What Happens During a Roadside Stop?
Police may make a Mandatory Alcohol Screening demand without reasonable suspicion, or an Approved Screening Device demand where impairment is suspected. Drivers are legally required to comply. Officers may also investigate suspected drug impairment through roadside sobriety testing or drug screening procedures.
Sanctions Can Vary
24-hour sanction: A suspected alcohol-, drug-, or medically related impairment may result in an immediate 24-hour suspension and vehicle seizure.
Novice driver zero tolerance: A learner or probationary driver with detectable alcohol or drugs may face 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 an immediate 3-day suspension and 3-day vehicle seizure for a first occurrence, with higher penalties for repeat occurrences.
FAIL result: A reading of 80 mg/100 mL or higher, a failed or refused test, or a failed drug recognition test may lead to a 90-day suspension, a further suspension, a 30-day vehicle seizure, required programming, and more serious consequences for repeat occurrences.
What Is a Notice of Administrative Penalty?
A Notice of Administrative Penalty (NAP) is the document that sets out the roadside sanction. Once it is issued, the suspension or disqualification begins immediately. If you are detained or handcuffed, police should clarify whether the matter is proceeding administratively or criminally. If criminal charges are pursued, you have the right to speak with counsel within a reasonable time.
Can an IRS Be Challenged?
A NAP may be reviewed through the SafeRoads Alberta process. A review can involve the testing evidence, the service of documents, the occurrence level, and whether the legal requirements were met. Depending on the circumstances, additional ASD testing or other roadside appeal steps may also be relevant.
Get Help Before the Review Deadline
A standard review request is generally due within 7 days of the date the NAP was issued. Missing the deadline may affect your ability to challenge the suspension. Keep the NAP, seizure notice, licence documents, and any notes or records from the stop, and get legal advice immediately.
How We Can Help
An administrative suspension can create immediate problems with work, insurance, and daily transportation. It can also continue independently of a criminal case. Early advice can help you understand the available process, preserve important evidence, and identify the next step before a deadline passes.
If you received an Immediate Roadside Sanction or Notice of Administrative Penalty in Alberta, contact Queck & Associates as soon as possible for advice about your options.
Related reading: Understanding Alberta Immediate Roadside Sanctions and your legal rights.
