SafeRoads Alberta: a guide to Immediate Roadside Sanctions (IRS)

SafeRoads Alberta was established alongside a major overhaul of Alberta’s DUI laws, with the following primary objectives:

• Alleviate the high volume of impaired driving cases in the courts.
• Reduce costs associated with prosecuting these offences.
• Provide a faster and more efficient method for addressing impaired driving through administrative penalties.

Through this system, police officers can immediately impose penalties such as licence suspensions, vehicle seizures, and fines under the Immediate Roadside Sanction (IRS) program. However, severe or repeat offences may still lead to criminal charges.

SafeRoads Alberta operates as a centralized platform for individuals to manage their penalties efficiently. It allows you to:

• Pay fines or request additional time for payment.
• Dispute vehicle seizures or administrative penalties.
• Appeal penalties within a strict 7-day timeline via the SafeRoads Alberta appeal process.

This streamlined process is designed to reduce delays but requires careful adherence to timelines and procedures.

An Immediate Roadside Sanction (IRS) is an administrative penalty issued in Alberta to address impaired driving offences more swiftly than through traditional criminal court proceedings. Introduced under the SafeRoads Alberta program, an IRS applies to various violations, such as impaired driving, refusal to provide a sample, or exceeding allowable alcohol limits.

It is crucial to understand that you only have seven days to appeal to the IRS. Additionally, paying the fine immediately will forfeit your right to a hearing or further appeal, so quick action is essential.

The SafeRoads Alberta initiative includes five distinct types of IRS, each tailored to specific circumstances:

Immediate Roadside Sanction: Fail (IRS Fail). Applies to drivers who exceed alcohol or drug limits, refuse a test, or show signs of impairment.

Immediate Roadside Sanction: 24-Hour (IRS 24-Hour). For drivers suspected of impairment due to a medical condition or substance use.

Immediate Roadside Sanction Zero: Novice (IRS Novice). Targets learner or probationary drivers found with any alcohol or drugs in their system.

Immediate Roadside Sanction Zero: Commercial (IRS Commercial). Issued to commercial drivers with any detectable alcohol or drugs while operating a vehicle.

Immediate Roadside Sanction: Warn (IRS Warn). For drivers with a blood alcohol concentration (BAC) between 50–79 mg per 100 ml of blood.

Under the SafeRoads Alberta initiative, Immediate Roadside Sanctions (IRS) come with a range of penalties designed to deter impaired driving. These penalties, however, can have significant financial and practical implications, particularly for low-income Albertans. Below, we break down the associated fees, penalties, and key considerations when facing an IRS.

Receiving an Immediate Roadside Sanction (IRS) can result in significant financial penalties, including vehicle seizure costs, filing fees for reviews, and substantial fines. The financial implications of these penalties often vary depending on the type and frequency of the offence.

Vehicle seizure costs are one of the most burdensome penalties under the IRS system. Once an IRS is issued, the driver’s vehicle is impounded for 30 days, with towing and storage fees often exceeding $2,000. These costs increase the longer the vehicle remains in the impound lot. For families sharing vehicles, the impact can be particularly severe. Even if the penalized driver is not the vehicle owner, the household may lose access to essential transportation until the fees are paid, disproportionately affecting low-income families.

Filing fees for challenging an IRS through the SafeRoads Alberta appeal process add another layer of expense. It costs $150 to file for an oral review or $50 for a written review. These fees must be paid within seven days of receiving the IRS, which can be a significant financial hurdle for Albertans who live paycheque to paycheque. The tight deadline and non-refundable nature of the fees create additional barriers to accessing justice.

The fines and surcharges for an IRS depend on the type and number of offences. For example, a first offence under an IRS Fail carries a $1,000 fine, a $200 victim surcharge, a 90-day full licence suspension, and an additional 12-month suspension requiring participation in the Alberta Ignition Interlock Program. It also includes a mandatory 30-day vehicle seizure. For a second offence, the penalties escalate to a $2,000 fine, a $400 victim surcharge, a 90-day full licence suspension followed by a 36-month restricted suspension, and mandatory completion of the 2-day IMPACT education program. A third offence results in similar fines, a lifetime licence suspension (with potential ignition interlock restrictions), and a 30-day vehicle seizure.

These penalties highlight the steep costs of an IRS, both financially and logistically. They can place an undue burden on individuals and families, particularly those in vulnerable economic situations, making it critical to act quickly and seek legal advice to minimize the impact.

If you receive a Notice of Administrative Penalty (NAP) for an Immediate Roadside Sanction (IRS) in Alberta, you have the right to dispute the penalty. Acting quickly is essential! Missing a strict deadline (7 days) may result in losing your opportunity to challenge the sanction.

Disputing an IRS often hinges on technical legal arguments, such as procedural errors or inaccuracies in the evidence presented by law enforcement. A skilled defence lawyer will craft a strong case tailored to these factors, helping you navigate the complex system effectively.

Keep in mind that each IRS case is unique. Circumstances such as the type of sanction, prior offences, and the evidence against you will play a crucial role in shaping your appeal. Whether you are facing an IRS: Fail, IRS: Warn, or another sanction, acting promptly and methodically is critical.

If you have received an Immediate Roadside Sanction (IRS) and wish to dispute the associated penalty, it is crucial to follow a structured process carefully and within strict deadlines. Acting promptly ensures that your appeal is considered and can potentially reduce or eliminate the penalties you face. Below is a comprehensive guide to disputing your IRS through the SafeRoads Alberta portal.

Begin by logging into the SafeRoads Alberta online portal using the information provided in your Notice of Administrative Penalty (NAP). You will need to input specific details such as your contravention number, last name, date of birth, and the occurrence time to access your account.

Once logged in, you can apply for a review by selecting the appropriate option on the portal. You must choose between an oral or written review, depending on your preference. Oral reviews allow for real-time interaction, while written reviews require submitting a formal statement outlining your case.

To strengthen your case, upload all relevant supporting documents via the portal. This may include witness statements, video or audio recordings, or other evidence. If you have retained legal counsel, ensure they provide the Consent to Representation form, allowing them to manage submissions and appear on your behalf. Note that all documents must be submitted at least two days before your scheduled review date.

Reviews are conducted remotely – either orally or in writing. During the review, the adjudicator will evaluate your case based on the arguments presented, the submitted evidence, and applicable legislation, including the Traffic Safety Act and the Provincial Administrative Penalties Act.

SafeRoads Alberta is legislatively required to issue a decision within 30 days of your review request. The decision will be communicated via your preferred contact method (email or phone), and a copy will be available for download on your portal. If successful, penalties such as fines, licence suspensions, and vehicle seizure fees may be reduced or waived. If the penalty is upheld, you may consider pursuing further legal options, such as an administrative review or court appeal.

Challenging an Immediate Roadside Sanction (IRS) in Alberta is a complex process, but success is possible if you identify procedural errors or omissions made by the issuing peace officer. The burden of proof lies on you to demonstrate that the IRS should be canceled, but you don’t have to navigate this process alone. An experienced impaired driving lawyer can guide you through the appeal, ensuring your rights are protected and your case is presented effectively.

The most common path to overturning an IRS involves proving that the peace officer failed to follow the proper procedures outlined in legislation. Common procedural errors include:

• Failure to verify care and control: The officer did not confirm that you were driving or had control of the vehicle.
• Improper administration of tests: The officer failed to conduct the breath or blood test correctly or within the legally required timeframe.
• Failure to inform of appeal rights: The officer did not notify you of your right to a roadside appeal, which involves a second test to confirm your blood alcohol or drug concentration.
• Improper handling of roadside appeals: The officer either did not offer you a second test or conducted it incorrectly.

These missteps can weaken the validity of the IRS and provide grounds for a successful challenge.

To challenge your IRS effectively, it is essential to thoroughly review all evidence, including:

• Police reports and notes from the incident.
• Results and records of breath or blood tests.
• Witness statements, if applicable.

By analyzing this evidence, an experienced lawyer can identify procedural flaws or inconsistencies in the case against you. Lawyers skilled in SafeRoads Alberta reviews can also craft compelling arguments based on these findings, maximizing your chances of success.

The IRS review process is technical, requiring a deep understanding of the Traffic Safety Act, the Provincial Administrative Penalties Act, and related regulations. A knowledgeable lawyer can ensure all procedural requirements are met, helping to avoid common pitfalls that could jeopardize your appeal. Legal expertise also ensures that your arguments are tailored to the adjudicator’s expectations, increasing the likelihood of a favorable outcome.

If you have received an Immediate Roadside Sanction (IRS) under the SafeRoads Alberta program and need to pay your penalty, you have several payment options:

• Full payment: The simplest option is to pay the penalty in full before the deadline.
• Partial payments: You can make partial payments through the portal, ensuring the full amount is paid by the deadline.
• Request for time to pay: If you are unable to pay the full amount by the deadline, you can request a payment plan. This option allows you to spread out payments over a longer period. Approval of your request may involve interest charges on the unpaid balance.

It’s critical to adhere to your payment schedule if you request a payment plan. Late or incomplete payments may result in enforcement actions, such as suspension of your driving privileges or additional fines. For those experiencing financial hardship, contacting SafeRoads Alberta directly to explore options for fine reductions or extensions can provide relief.

If you receive a Notice of Administrative Penalty (NAP) as part of an Immediate Roadside Sanction (IRS), you will likely also receive a Vehicle Seizure Notice. This notice informs you that your vehicle has been impounded and provides details about the impoundment period, associated costs, and options for disputing the seizure. Understanding the contents of this notice and the steps to challenge it is essential for minimizing the impact on your finances and daily life.

If you have been stopped for impaired driving, blowing over, or refusal, call us at 780-488-4460 or complete our Contact Form. Within 24-hours of being retained, we guarantee we will have your appeal started.