If you were pulled over in Alberta and blew over 0.08, refused a breath test, or received an Immediate Roadside Sanction, the penalties start before you ever see a courtroom: your licence is suspended on the spot, your vehicle is seized, and the clock starts running on your right to fight it. Use the free calculator below to see the suspensions, fines and criminal penalties that could apply to your situation, based on the current rules published by the Government of Alberta and the Criminal Code of Canada. It takes about 60 seconds and no personal information is collected.
What Are You Really Facing?
Answer 5 quick questions to see the licence suspensions, fines, vehicle seizures and criminal penalties that could apply to your Alberta impaired driving case.
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You may have only 7 days to fight this. A SafeRoads Alberta review of your roadside sanction must be filed within 7 days of the Notice of Administrative Penalty. Miss the deadline and the suspension and fines stand.
Immediate provincial penalties
Criminal Code penalties if convicted
Other consequences to consider
These penalties are not automatic. Roadside sanctions can be cancelled on review and criminal charges can be beaten. The sooner a lawyer looks at your file, the more options you have.
Call (403) 476-2011 Now Book a Free ConsultationThis tool provides general information about Alberta and federal impaired driving penalties as of July 2026. It is not legal advice and your actual outcome depends on the specific facts of your case. Using this tool does not create a lawyer-client relationship. Contact Shim Law for advice about your situation.
What Is an IRS Fail?
Since 2020, most impaired driving in Alberta is handled through Immediate Roadside Sanctions (IRS), administrative penalties issued by police at the roadside under the Traffic Safety Act. An IRS Fail applies when your blood alcohol concentration is 0.08 or higher, you fail drug recognition testing, or you refuse to provide a sample. Even for a first occurrence, that means an immediate 90-day suspension, a further 12 months on an ignition interlock, a 30-day vehicle seizure, and a $1,200 total fine.
The penalties escalate sharply for a second or third occurrence, up to a lifetime suspension. Because these sanctions are administrative rather than criminal, they apply even if you are never charged or convicted, which is exactly why they need to be challenged on their own track.
The 7-Day SafeRoads Deadline
You have 7 days from the date on your Notice of Administrative Penalty to file a review with SafeRoads Alberta. There is no extension for weekends, holidays, or not knowing the rule. If the deadline passes, the suspension, seizure and fine stand, no matter how strong your defence might have been.
A review can succeed on grounds most drivers never spot on their own: problems with the testing procedure, deficiencies in the officer’s paperwork, or gaps in the evidence disclosed. Our Calgary DUI and IRS lawyers handle these reviews on tight timelines, but we need your file as early in the 7 days as possible.
Criminal Charges Are a Separate Fight
In more serious cases, police lay criminal charges on top of the roadside sanction. A first conviction carries a mandatory minimum fine of $1,000 to $2,000 depending on your reading, a driving prohibition of at least a year, and a permanent criminal record. A second conviction means a mandatory 30 days in jail; a third means 120 days. If someone was hurt, the maximum climbs to 14 years, and to life imprisonment if someone died.
None of this is automatic: breath testing procedure, Charter breaches and disclosure problems are all recognized defence grounds. Before you answer police questions or give any statement, understand why you should call a lawyer before a police interview. And if you are wondering whether you can simply say no to the breathalyzer, read can I refuse to provide a breath sample: refusal is its own criminal offence with a higher minimum fine than failing.
Do Not Drive on a Suspended Licence
It is tempting to risk a short drive to work during a suspension. Do not. Driving while suspended in Alberta is a separate offence that adds new penalties, extends your suspension, and badly undermines any review or defence you have underway. If you qualify for the ignition interlock program, that is the legal route back on the road.
How a Calgary DUI Lawyer Helps
An impaired driving file usually has two fronts: the SafeRoads review of your roadside sanction and, where charges are laid, the criminal case. Our DUI lawyers in Calgary fight both. That means filing your SafeRoads review inside the 7-day window, obtaining and combing the officer’s evidence for procedural errors, challenging breath and drug test results, raising Charter issues, and negotiating with the Crown where that serves you best.
The consequences of doing nothing reach further than most people expect: insurance premiums, jobs that require driving, travel to the United States, and for non-citizens, immigration status. The earlier we see your file, the more options you have.
An impaired driving file usually has two fronts: the SafeRoads review of your roadside sanction and, where charges are laid, the criminal case. Our DUI lawyers in Calgary fight both. That means filing your SafeRoads review inside the 7-day window, obtaining and combing the officer’s evidence for procedural errors, challenging breath and drug test results, raising Charter issues, and negotiating with the Crown where that serves you best.
The consequences of doing nothing reach further than most people expect: insurance premiums, jobs that require driving, travel to the United States, and for non-citizens, immigration status. The earlier we see your file, the more options you have.
Frequently Asked Questions
Is an IRS Fail a criminal charge?
No. An IRS Fail is an administrative penalty under Alberta’s Traffic Safety Act. It is not a criminal conviction and does not itself create a criminal record. However, police can also lay a criminal charge for the same incident, and many drivers face both at once.
Can I drive to work during my suspension?
Not during the first 90 days of an IRS Fail suspension; that period is absolute. After it, you may be able to drive through the Ignition Interlock Program by installing an approved device in your vehicle at your own cost. If you skip the program, you remain fully suspended.
Will an impaired driving conviction affect my immigration status or travel?
It can. Impaired driving is punishable by up to 10 years in prison, which makes a conviction serious criminality under Canadian immigration law. For permanent residents and other non-citizens, that can affect applications or even lead to removal proceedings, and a conviction can make you inadmissible to the United States. Tell your lawyer about your immigration status immediately.
Is it worth hiring a lawyer for a first offence?
A first offence is where a lawyer can make the biggest difference. The mandatory minimums only apply if you are convicted, and a successful SafeRoads review or criminal defence can mean no fine, no interlock and no record. Given what a conviction costs in insurance, employment and mobility over the years that follow, a consultation is a small investment.
Talk to a Calgary Impaired Driving Lawyer Today
The 7-day SafeRoads clock may already be running on your file. Call Shim Law at (403) 476-2011 or book a free consultation. We defend impaired driving cases across Calgary and throughout Alberta, with service available in English, Mandarin, Cantonese, Korean, Vietnamese and Tagalog.
