SafeRoads Alberta and Immediate Roadside Sanctions:
The landscape of impaired driving enforcement in Alberta has changed significantly in recent years. While traditional charges under the Criminal Code still apply in serious cases, most drivers now face administrative penalties through a provincial tribunal known as SafeRoads Alberta. This system, introduced in December 2020, has shifted the way impaired driving is addressed, fast-tracking penalties, limiting appeal rights, and largely removing the courts from the process.
At Shim Law, we recognize that many drivers are unfamiliar with how SafeRoads Alberta works and the seriousness of Immediate Roadside Sanctions (IRS). This article breaks down what you should expect during a roadside stop, what rights you have under this administrative regime, and how a lawyer can assist in protecting your driving record, finances, and future.
Table of Contents
Understanding the SafeRoads Alberta System:
SafeRoads Alberta is a provincial administrative process designed to deal with most impaired driving allegations. Unlike criminal charges, penalties under this system are imposed immediately and are adjudicated outside of the traditional court process.
Key Features of SafeRoads Alberta:
- Immediate Roadside Sanctions (IRS): Penalties such as licence suspensions, vehicle seizures, and fines are issued on the spot by police officers, usually without any criminal charges.
- Types of Immediate Roadside Sanctions:
* IRS: Fail – Drivers found to be well over the legal alcohol or drug limit or those who refuse a test.
* IRS: Warn – Drivers found to have Blood Alcohol Content (BAC) above 0.05 and below 0.10.
* IRS: Novice and Commercial – Zero alcohol rules apply to new and commercial drivers.Immediate Roadside Sanctions (IRS): Penalties such as licence suspensions, vehicle seizures, and fines are issued on the spot by police officers, usually without any criminal charges.
* IRS: 24-Hour – Issued when impairment is suspected, but not serious. - Penalties: These include licence suspensions, up to a 30-day vehicle seizure, fines exceeding $1,000.00, and potential mandatory Ignition Interlock Program participation.
- Types of Immediate Roadside Sanctions:
- No Automatic Court Review: Instead, affected individuals have just 7 days to initiate a review through an online administrative portal.
What Happens During a Roadside Stop?
Most drivers receive an IRS following a routine traffic stop. Alberta’s impaired driving enforcement is highly structured and guided by both federal and provincial law.
1. Initial Stop and Observations:
Police may stop your vehicle for any lawful reason. From there, they assess for signs of impairment: slurred speech, odour of alcohol or cannabis, or erratic driving patterns.
2. Mandatory or Suspicion-Based Screening:
Under the law, police can demand a roadside breath test even without suspicion (Mandatory Alcohol Screening). For drugs, officers can demand a Standard Field Sobriety Test or an oral fluid sample.
3. Administrative Penalty Issued:
If the tests determine a fail/warn situation or are refused, the officer issues a Notice of Administrative Penalty (NAP) and a Vehicle Seizure Notice. These documents trigger the IRS consequences and outline your limited rights of review.
4. Right to a Second Test:
Drivers have the right to request a second test on a different screening device. Failure by police to properly advise of or administer this second test is a common procedural error, and a ground for review.
5. Language Barriers and Comprehension Issues:
Officers are not legally required to provide translation, but they must ensure that you understand the demands and the process. Misunderstanding due to language barriers can also support a review.
The Review Process and Deadlines:
You have only 7 days to file a review through the SafeRoads Alberta portal. Missing the deadline can mean forfeiting your right to challenge the penalties. Unlike criminal trials, sanctions are reviewed by an adjudicator, not a judge, and mainly rely on documents.
What’s Required:
* Uploading the documentation and supporting evidence by the parties involved.
* Choosing a particular review process, either a written review or an oral hearing.
* Filing Fees to initiate a review.
Common Grounds for a Successful IRS Appeal:
Through our experience with IRS administrative reviews, there are several recurring procedural issues that may provide a strong foundation for a successful review:
* Failure to Advise/Provide a Second Test: Police must advise of and provide an opportunity for a second confirmatory test using a different screening device if requested by the driver.
* Irregularities or Failures to Provide All Documentation: Incomplete, illegible, or missing documentation can cancel a sanction that was imposed.
* Egregious Unfairness: Unlawful detainments, major procedural errors, police misconduct, language barriers, or alleged Charter violations may support an argument for cancellation.
The Financial and Practical Impact:
Although administrative in nature, IRS penalties carry serious real-life consequences:
* Fines: Can exceed $1,000.00, with higher amounts for repeat incidents.
* Towing and Impound Fees: Can also exceed $1,000.00 as well.
* Ignition Interlock Costs: Fees to participate, plus licence reinstatement fees.
* Insurance Consequences: Your premiums may rise, or insurance coverage may be cancelled altogether.
Even a first-time IRS sanction can end up costing you thousands of dollars.
When Should You Contact a Lawyer?
Immediately. The 7-day deadline to file your review gives little time to act. A lawyer can help you:
* Review the officer’s compliance with procedural obligations.
* Submit a properly prepared review with relevant legal arguments.
* Collect and submit evidence supporting your review.
* Speak on your behalf at an oral hearing.
At Shim Law, we have helped numerous clients challenge IRS sanctions through timely and well-prepared submissions. Our lawyers understand the nuances of the SafeRoads Alberta regime and how to contest improperly issued sanctions.
Act Now to Protect Your Driving Record
While Alberta’s model for impaired driving aims to streamline enforcement, it leaves little room for error or delay. You do not need to navigate this complex situation alone. You have the right to ensure a fair review of the process.
Shim Law’s lawyers are here to ensure your rights are respected and your sanctions are challenged when appropriate. We offer timely advice, a detailed analysis, and effective representation during a SafeRoads Alberta review hearing.
Contact Shim Law today to schedule a consultation and take the first step toward protecting your driving record, your licence, and your future.
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