What Happens to Your Licence After a Roadside Sanction in Alberta?

If you receive an Immediate Roadside Sanction FAIL in Alberta for the first time, your licence is suspended on the spot. You cannot drive at all for 90 days. After that, you face a further 12 months in which you can only drive with an ignition interlock device installed in your vehicle. Your vehicle is seized for 30 days, you pay a $1,000 fine plus a 20 percent victim fine surcharge, and you must complete the Planning Ahead course before your licence is reinstated. You have seven days to request a review.

That is a lot to absorb at the side of the road at one in the morning. Here is what each part means and what you can still do about it.

What is an Immediate Roadside Sanction?

An Immediate Roadside Sanction, or IRS, is an administrative penalty issued by a police officer under Alberta's provincial law. It is not a criminal charge. Since December 2020, most impaired driving in Alberta has been handled this way: the officer tests you at the roadside, and if the result is a FAIL or a WARN, the licence suspension, vehicle seizure and fine take effect immediately. There is no court date and no judge. The whole thing is decided by the officer and, if you challenge it, by an adjudicator at SafeRoads Alberta.

The Government of Alberta publishes the full penalty table on its impaired driving penalties page. The figures below come from that page.

What does a first IRS FAIL do to your licence?

An IRS FAIL is issued when you register over the criminal limit, refuse or fail to provide a sample, or are found impaired by alcohol or drugs. For a first occurrence:

• Licence suspension: 90 days where you are unable to drive under any circumstances, followed by 12 months in which you may drive only with an ignition interlock device. If you choose not to install the interlock, you remain suspended for the full 12 months.
• Vehicle seizure: 30 days, with towing and storage at your cost.
• Fine: $1,000 plus a 20 percent victim fine surcharge, for a total of $1,200.
• Education: you must complete the Planning Ahead course before reinstatement.

A second IRS FAIL carries the same 90 day hard suspension followed by 36 months on an interlock, a 30 day seizure, a $2,000 fine plus surcharge and the IMPACT Program. A third brings a lifetime suspension with an interlock option, with reinstatement possible only after 10 years.

What if you blow a WARN instead of a FAIL?

An IRS WARN is issued when your blood alcohol is between 0.05 and 0.079, below the criminal limit but above Alberta's administrative threshold. The first occurrence brings a three day suspension, a three day vehicle seizure and a $300 fine plus surcharge. A second WARN within 10 years is 15 days, a seven day seizure and $600 plus surcharge, with a required course. A third is 30 days, seven days and $1,200 plus surcharge. Novice drivers in the Graduated Driver Licensing program face a 30 day suspension, a seven day seizure and a $200 fine for any alcohol or drugs at all.

Is a roadside sanction the same as a criminal charge?

No, and this is where people get caught. The IRS is provincial and administrative. The Criminal Code offences of impaired operation, operation over 80 and refusal are federal and criminal. Police can issue an IRS FAIL on its own, lay a criminal charge on its own, or do both. In practice, Alberta uses the IRS for most first time cases, but criminal charges are still laid, especially where there is a collision, an injury, a very high reading or a prior record.

A criminal conviction carries a mandatory minimum fine of $1,000, a driving prohibition and a permanent criminal record that affects travel and employment. The IRS does not create a criminal record, but it does appear on your Alberta driving record and your insurer will see it.

How do you challenge a roadside sanction?

You request a review through SafeRoads Alberta. The deadline is seven days from the date the sanction was issued, and weekends and holidays count. Miss the window and the penalties stand. The review can be in writing or by oral hearing, and SafeRoads issues its decision within 30 days.

The grounds that succeed are specific: whether the officer followed the required procedure, whether the screening device was approved and properly used, whether you were actually the driver, and whether the paperwork served on you was complete and accurate. The police disclosure is where those answers live, and it has to be requested and read quickly. A lawyer who handles Alberta impaired driving defence can file the review request, obtain the disclosure and tell you whether there is a real issue to argue.

Liberty Law LLP is a criminal defence firm with offices in Edmonton, Grande Prairie and Fort McMurray, Alberta. Whether a review is worth pursuing depends on the facts of each stop.

Frequently asked questions

Can I drive to work during the 90 day suspension?

No. The first 90 days of an IRS FAIL are an absolute suspension. There is no work permit, no hardship exemption and no exception for commercial drivers. Driving while suspended is a separate offence that brings its own penalties and a further suspension.

Who pays for the ignition interlock?

You do. The device is installed and monitored by an approved provider at your expense, including installation, a monthly fee and removal. The alternative is to stay off the road for the full 12 months, which is the right choice for some people and the wrong one for most.

Does a roadside sanction show up on a criminal record check?

No. An IRS is an administrative penalty, not a conviction, so it does not appear on a criminal record check. It does appear on your driver's abstract, it counts as a prior occurrence if you receive another sanction within 10 years, and it will affect your insurance rates.

Seven days goes by fast when you are also dealing with a seized vehicle and a suspended licence. If you have received a sanction, get the paperwork in front of a lawyer today, not next week.