Driving Offences

What is an Immediate Roadside Sanction (IRS)?

April 1, 2025

What is an Immediate Roadside Sanction (IRS)?

In Alberta, impaired driving is a serious offence that carries significant legal consequences. The Immediate Roadside Sanctions (IRS) program is a key component of Alberta’s approach to handling impaired driving cases. This administrative penalty system was introduced to provide swift and significant consequences for drivers caught driving under the influence of alcohol or drugs. Unlike traditional criminal charges, IRS penalties are imposed by the law enforcement officers immediately at the roadside, reducing the burden on the court system while ensuring public safety.

This article will explore what an Immediate Roadside Sanction (IRS) is, how it works, the penalties associated with it, the appeal process, and the implications for drivers in Alberta.

Immediate Roadside Sanctions (IRS) Definition

Immediate Roadside Sanctions (IRS) are administrative penalties imposed on drivers who don’t pass or otherwise refuse to comply with a roadside breath demand. The IRS system operates separately from criminal charges and has been intended to deter impaired driving through swift penalties rather than lengthy court proceedings.

Under Alberta’s Traffic Safety Act, IRS penalties apply to drivers found to have a blood alcohol concentration (BAC) over the prescribed limits, or who are under the influence of drugs. These sanctions are imposed by police officers on the spot, without the need for a court appearance.

The IRS framework consists of several categories of contraventions, including:

IRS: WARN – For drivers with a BAC of 0.05 or higher.
IRS: FAIL – For drivers with a BAC of 0.08 or higher.
IRS: ZERO – For eligible novice drivers who have any detectable alcohol in their system.
IRS: COMMERCIAL – For commercial drivers having detectable alcohol in their system.
IRS: 24-HOUR – For any driver suspected of being impaired by alcohol or drugs while driving, regardless of the exact BAC level.

Each of these categories carries different penalties, reflecting the severity of the infraction.

Penalties Under the Immediate Roadside Sanction (IRS) System

The penalties under the IRS system are immediate and escalate based upon the severity of the offence and whether it is a repeat contravention. Below is a breakdown of the consequences for each IRS category:

1. IRS: WARN (BAC above 0.05)

First Offence: 3-day vehicle seizure, $360 fine, and a 3-day driving suspension.
Second Offence: 7-day vehicle seizure, $720 fine, and a 15-day driving suspension.
Third and Subsequent Offence: 7-day vehicle seizure, $1,440 fine, and a 30-day driving suspension.

2. IRS: FAIL (BAC above 0.08)

First Offence: 90-day driving suspension, 30-day vehicle seizure, $1,200 fine, and mandatory participation in the Ignition Interlock Program for one year.
Second Offence: 90-day driving suspension, 30-day vehicle seizure, $2,400 fine, and mandatory participation in the Ignition Interlock Program for three years.
Third or Subsequent Offence: 90-day driving suspension, 30-day vehicle seizure, $2,400 fine, and mandatory participation in the Ignition Interlock Program for life.

3. IRS: ZERO (Learners and GDL Drivers)

First or Subsequent Offence: 7-day vehicle seizure, $240 fine, and a 30-day driving suspension.

4. IRS: COMMERCIAL (for commercial drivers)

First Offence: 3-day driving suspension, and a $300 fine.
Second Offence: 15-day driving suspension, and a $600 fine.
Third or Subsequent Offence: 30-day driving suspension, and a $1,440 fine.

What Happens After an IRS Penalty is Issued?

When a driver receives an IRS penalty, they must immediately surrender their driver’s licence and usually have their vehicle towed and impounded. The owner is responsible for any costs associated with the vehicle impound lot fees and towing. Additionally, they can be required to participate in education programs and the Ignition Interlock Program before driving privileges are reinstated.

The penalties under the IRS system are recorded on your driver’s abstract, which can impact insurance rates and future driving eligibility. While an IRS penalty does not result in a criminal record, repeat offenders may still face criminal charges for impaired driving.

Appealing an IRS Penalty

To appeal, drivers must:

Submit an online application for review via SafeRoads Alberta.
Pay the required fee.
Provide supporting evidence or arguments as to why the penalty should be overturned.
Attend the scheduled review hearing via video conference, or you can just have the review conducted in writing only.

The review process is expedited, and a decision is typically made within 21 days. If the review is successful, the contravention and penalties will be revoked. If unsuccessful, the penalties and contravention remain in place, and the driver must comply with all of the imposed sanctions.

Implications of an IRS Penalty

Receiving an IRS penalty can have serious consequences beyond the immediate fines and suspensions. Some of the long-term effects include:

Higher Insurance Rates: Insurance companies may increase premiums for drivers with IRS penalties on their record.
Employment Consequences: Commercial drivers and professionals who rely on their licences for work may face job loss or difficulty securing employment.
Mandatory Programs: Many drivers will need to complete education programs or the Ignition Interlock Program before regaining full driving privileges.
Repeat Offender Consequences: Those who repeatedly receive IRS penalties may ultimately face criminal charges and long-term driving suspensions.

Contact Shim Law Today

The Immediate Roadside Sanction (IRS) system in Alberta is designed to address impaired driving quickly and effectively, ensuring public safety while reducing court backlogs. While the IRS program imposes significant penalties, it also provides for a structured review process for drivers who believe they have been wrongly sanctioned.

Understanding the IRS system and its implications is crucial for all drivers in Alberta. If you or someone you know has received an IRS penalty, seeking legal advice from an experienced lawyer can help navigate the complexities of the review process and advise of the chances.For legal assistance with Immediate Roadside Sanctions or criminal impaired driving charges, please contact Shim Law today at (587) 391-9580 or book an online consultation to learn more.