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If you have received an Immediate Roadside Sanction (IRS) anywhere in Alberta, hiring an experienced legal team is your best defence. We are one of the highest-rated firms in Alberta, with an extensive record of success for our clients. Contact us today to see why we are the right team for you. View Our successful cases.

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THE TOP GOOGLE REVIEWED CRIMINAL DEFENCE FIRM IN ALBERTA

5/5 STAR RATINGS
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NAMED TOP 3 CRIMINAL LAWYERS IN CALGARY BY THREE BEST RATED

YEARS OF CRIMINAL 
DEFENCE EXPERIENCE

75+

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ON GOOGLE

500+

CASES AND CLIENTS

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We will review with you all the documents you received from the police and carefully explore everything that happened to you. 

Next, we will discuss the court process, our flexible fee structure, and what we can do to help. 

From there, you can make an informed decision whether we are the right team for you. 

MEET YOUR TEAM OF IRS LAWYERS 
SERVING CLIENTS ACROSS ALBERTA
At Defend Your DUI, we have a combined experience of 75+ years defending Immediate Roadside Sanction (IRS) and Impaired Driving cases. Collectively, we have defended more than 10,000 cases, from basic IRSs to DUI causing bodily harm, and even DUI causing death. Our lawyers have handled cases in virtually every courthouse in Alberta, and have argued DUI appeals at all levels of court in Alberta, as well as the Supreme Court of Canada. 
 
Beyond that, our lawyers routinely attend and present at DUI conferences, seminars, and Law School lectures. Several of our ground-breaking cases in DUI law have been published in DUI books for lawyers.

Our members also include the President for the Criminal Defence Lawyers' Association; staunch advocates for accused’s rights and due process. 


It’s not bragging. We just want you to know we know what we’re doing, and that we can help you win!
ELENA RYLAND
ANNY WANG
DANIELLE BOISVERT
GREG JANZEN
RYAN PATMORE
IAN SAVAGE
MICHAEL OYKHMAN
 
MOIRA MCAVOY
ELLEN SUTHERLAND
KIRAN CHEEMA
BARBARA DOWKER
ALBERTA TEAM
JOSEPH BELLER
JULIA HUNTER
GET YOUR LICENSE BACK
IMMEDIATE ROADSIDE SANCTION LAWYERS SERVING CLIENTS ALL ACROSS ALBERTA
You can’t win if you don’t fight. If you have received a SafeRoads Immediate Roadside Sanction (IRS) in Alberta, you are facing serious consequences. Hiring an experienced team of lawyers will be one of the most important decisions you make.

Experience matters. Our practice is 100% dedicated to Criminal and Traffic Defence, with a strong focus on IRS, Impaired Driving, DUI, Over .80, and Refusal.


To build a powerful defence, you must first know exactly what you’re up against. 

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© Copyright 2022, Oykhman Criminal Defence. All Rights Reserved.

Disclaimer: The information on this website is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice from Oykhman Criminal Defence and it’s lawyers, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the appropriate jurisdiction. 

Great Law Firm - A friend of mine had an IRS Fail and I researched Law firms, and found this one. After reading reviews, I felt a little confident. The initial introduction phone call with Michael was great and comfortable, then got assigned to Kiranpreet Cheema who is amazing.

The communication was on point and she was detailed in what needed to be done - she didn't mince words and straight up told us the facts but we prevailed at the end. Even though my friend was a stubborn client, I am thankful for the service gotten.

M.O.
To my amazement, because I genuinely didn’t believe I had much of a chance at all, they were successful in cancellation of my immediate roadside sanction! In the end this saved me a TON of money and stress, I’ve learned a valuable lesson and will forever be grateful to this law firm for their professional, fair and hardworking team.
T.V.
This summer I experienced a very unfair situation, I was found asleep in my vehicle and was woken up to officers that gave me an IRS Fail DUI charge. This created all kinds of life changing events for me, and I was feeling beaten. Joseph Beller, a lawyer for this firm, talked me through everything thoroughly and encouraged me to be confident and fight this accusation against me and ultimately we won. The professionalism, the friendliness, the knowledge of Joseph and this firm has helped me get my life back on track and I would recommend anyone to come here for legal advice.
C.M.
My life turned upside down after celebrating Christmas eve at a friends, I was served a IRS fail on my way home. My car was seized, license was confiscated, anxiety was off the roof and the rest of my holidays consisted of me laying in bed and thinking of how I could done things differently. I felt like I had no hope till I contacted Savage and Oykhman law. Kiranpreet was assigned to my case. Her voice and personality made me feel calm and collective. Her extensive knowledge and perseverance helped me beat my IRS fail! Thank you Kiran! You're the real MVP, or in this case the most valuable lawyer!
P.P.
I decided to fight the IRS roadside sanctions within the very short 7-day window SafeRoads Alberta give you to appeal. I hired Mr. Oykhman for the initial review, and subsequently Kiranpreet Cheema for the written submission. I was very impressed with their tenacity in reviewing all of the disclosure and building a strong defence for me. I really thought I had no chance, I was desperate, anxious and stressed out. With their incredibly strong written legal defence, I was able to get my licence and vehicle back.
R.S.
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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

You only have 7 days to act. Get a free virtual consultation with an experienced lawyer today.

VIEW SUCCESSFUL CASESGET A FREE CONSULTATION

100% DEDICATED TO 
CRIMINAL DEFENCE LAW

THE TOP GOOGLE REVIEWED CRIMINAL DEFENCE FIRM IN ALBERTA

NAMED TOP 3 CRIMINAL LAWYERS IN CALGARY BY THREE BEST RATED

5/5 STAR RATINGS
ON LAWYER RATINGZ

WE WILL FIGHT TO HAVE YOUR SAFEROADS IMMEDIATE ROADSIDE SANCTION DISMISSED
Kiranpreet Cheema at Savage Oykhman Law gladly and gracefully took on my 'IRS-Fail'. She went above and beyond to explain the review process every step of the way. She kept me informed, prepared a written review as well as a verbal review of my case. She kept me focused and reassured me when my anxiety was extremely high. She gave me hope. Kiranpreet went on to win my review and miraculously got my IRS-Fail charges along with ALL fees cancelled/discharged!!

Awesome law firm, always answered my calls and phone me back when I left a message. Never made me feel like they were doing it just for the money and actually cared about the outcome !!!! I would recommend Elaine and her team over any lawyer in Calgary. Fees were very affordable and the service was worth ten time I paid ! Had dui and a theft charge and four failure to appear!!! Elaine and her colleagues were able to have all charges stayed and including the 4 failures that I was definitely guilty of.
E.D.
S.D.

IRS: 24-HOUR

This sanction is imposed when a peace officer has reasonable grounds to suspect that a driver has consumed alcohol or drugs or has any medical condition and that it is affecting the driver’s physical or mental ability.
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IRS: NOVICE

This sanction is only imposed upon drivers who hold a learner’s licence or a probationary licence. A novice driver is not permitted to have any amount of alcohol in their system.

IRS: COMMERCIAL

This sanction is only imposed upon drivers who are operating a commercial vehicle, such as a delivery truck or bus, with any drugs/alcohol in system.

IRS: WARN

This sanction is imposed when a peace officer has reasonable grounds to believe that a driver has between 50-80 mg of alcohol in 100ml of blood.

IRS: FAIL

If a peace officer has reasonable grounds to believe that you:
  • operated a motor vehicle while your ability to do so was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug; or
  • within 2 hours after ceasing to operate a motor vehicle, had a blood alcohol concentration that was equal to or exceeds 80 milligrams of alcohol in 100 milliliters of blood; or
  • within 2 hours after ceasing to operate a motor vehicle, had a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug (prescribed by regulation under the Criminal Code); or
  • within 2 hours after ceasing to operate a motor vehicle, had a combined blood alcohol and drug concentration equal to or exceeding the limits prescribed by the Criminal Code; or
    failed or refused , without a reasonable excuse, to comply with a demand made under section 320.27 of 320.28 of the Criminal Code.
If a peace officer has reasonable grounds to believe that you fall under any of the above IRS: Fail infractions your licence will immediately be suspended. Your vehicle will be seized for a set period of time and you will need to participate in an education course and pay a fine.  You will also need to participate in Alberta’s IRS: FAIL Ignition Interlock Program.


You only have 7 days to act. Get a free virtual consultation with an experienced lawyer today.

DUI & IMPAIRED DRIVING

Police and other witness observations of your driving and physical condition can be challenged through effective cross-examination.
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OVER .08

A critical aspect of Over .08 cases is whether police followed all the technical aspects of the law in taking your breath samples.

REFUSAL/FAIL TO BLOW

If you had difficulty understanding what to do, or difficulty providing a breath sample, we can help.

IMMEDIATE ROADSIDE SANCTION (IRS)

We must file a review within 7 days of your suspension if you hope to win

OYKHMAN CRIMINAL DEFENCE LAW

OYKHMAN CRIMINAL DEFENCE LAW

YOU ONLY HAVE 7 DAYS TO ACT ON AN IRS!

MEET YOUR TEAM OF DUI & IRS LAWYERS
GET A FREE CONSULTATION
At Defend Your DUI, we have a combined experience of 75+ years defending criminal and DUI cases. Collectively, we have defended more than 10,000 DUI cases, from basic DUI’s to DUI causing bodily harm, and even DUI causing death. Our lawyers have handled DUI cases in virtually every courthouse in Alberta, and have argued DUI appeals at all levels of court in Alberta, as well as the Supreme Court of Canada. 
 
Beyond that, our lawyers routinely attend and present at DUI conferences, seminars, and Law School lectures. Several of our ground-breaking cases in DUI law have been published in DUI books for lawyers.

 Our members also include the President for the Criminal Defence Lawyers' Association; staunch advocates for accused’s rights and due process. 


It’s not bragging. We just want you to know we know what we’re doing, and that we can help you win!
IAN SAVAGE
MICHAEL OYKHMAN
 
RYAN PATMORE
GREG JANZEN
ELENA RYLAND
MOIRA MCAVOY
JOSEPH BELLER
JULIA HUNTER
BARBARA DOWKER
ANNY WANG
DANIELLE BOISVERT
KIRAN CHEEMA
ELLEN SUTHERLAND
WE WILL FIGHT TO HAVE YOUR SAFEROADS IMMEDIATE ROADSIDE SANCTION DISMISSED

To my amazement, because I genuinely didn’t believe I had much of a chance at all, they were successful in cancellation of my immediate roadside sanction! 

"

IMMEDIATE ROADSIDE SANCTION DEFENCES

FAILURE TO PROPERLY IDENTIFY THE DRIVER, TIME OF DRIVING, OR OPERATION OF MOTOR VEHICLE

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FAILURE TO IDENTIFY TIME OF CONSUMPTION

FAILURE TO INFORM YOU OF YOUR RIGHT TO A ROADSIDE APPEAL IN WRITING

FAILURE TO MAKE THE BREATH DEMAND OR TAKE THE BREATH TEST PROPERLY

FAILURE TO PROVIDE AN OPPORTUNITY FOR THE SECOND TEST

FAILURE TO CONDUCT THE CORRECT ROADSIDE APPEAL

FAILURE TO SERVE THE NOTICE OF ADMINISTRATIVE PENALTY

FAILURE TO USE THE LOWEST READINGS TO DETERMINE THE APPLICABLE IRS

FAILURE TO PROVE ELEMENTS OF IRS

FAILURE TO PROVIDE COMPLETE RECORDS

IMMEDIATE ROADSIDE SANCTION FAIL PENALTIES
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FIRST OFFENCE

You will be immediately suspended from driving for 90 days followed by 12 months of mandatory participation in the Alberta Ignition Interlock Program; your vehicle will be seized for 30 days; you will receive a fine of $1,000 plus a victim fine surcharge; and you will need to participate in the 1-day Planning Ahead education course.

SECOND OFFENCE

You will be immediately suspended from driving for 90 days followed by 36 months of mandatory participation in the Alberta Ignition Interlock Program; your vehicle will be seized for 30 days; you will receive a fine of $2,000 plus a victim fine surcharge; you will need to participate in the 2-day IMPACT education course; and you will be charged under the Criminal Code.

THIRD OFFENCE

You will be immediately suspended from driving for 90 days followed by lifetime participation in the Alberta Ignition Interlock Program; your vehicle will be seized for 30 days; you will receive a fine of $2,000 plus a victim fine surcharge.

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OYKHMAN CRIMINAL DEFENCE LAW

A SMALL SAMPLE OF OUR SUCCESSFUL CASES
Our client was issued a Notice of Administrative Penalty “NAP” for operating a motor vehicle while their ability to do so was impaired by alcohol after they were involved in a motor vehicle collision.

Upon being retained we immediately reviewed the documents provided by the police officer and noted an issue with the records related to the approved screening device’s (“ASD’s”) used to seize our client’s breath samples. Specifically, that the officer failed to provide proper evidence which confirmed the serial number of the ASD’s used, matched the picture of the ASD’s submitted. As a result, the adjudicator determined that the proper records were not provided, and our client’s penalty must be cancelled.

Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for having a blood alcohol concentration that was equal to or exceeded 80 milligrams of alcohol in 100 millilitres of blood within two hours of operating a motor vehicle. The client was involved in a motor vehicle collision and returned to where he was staying, where he consumed alcohol.

After listening to our client’s version of events, it was clear that the police officer seized a sample of his breath within three to four minutes of his last alcoholic beverage, in direct violation of the manual for the approved screening device (“ASD”) which requires a fifteen-minute delay between an individuals last alcoholic beverage and breath sample. This delay is required to prevent the presence of “mouth alcohol” which voids the validity of the sample. The adjudicator agreed on this basis and cancelled the client’s penalty.

Successful Result: IRS: Fail cancelled.
 
IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for operating a motor vehicle while their ability to do so was impaired by alcohol after being stopped at a Checkstop.
 
Following careful review of the police evidence, we determined there was a discrepancy between the paperwork our client was provided, and the circumstances as explained by the police officer. Our client was told she would be issued an NAP for “failing/refusing” to provide a sufficient breath sample, when the paperwork she eventually received stated the NAP was based on impaired operation of a motor vehicle. Furthermore, she was not provided a roadside appeal after her successful breath sample resulted in a “fail.” The adjudicator determined that the police officer had obscured our client’s right to a roadside appeal when he changed his investigation from a “failure/refusal” to impaired operation. The NAP was cancelled.


Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for having a blood alcohol concentration that was equal to or exceeded 80 milligrams of alcohol in 100 millilitres of blood within two hours of operating a motor vehicle after being stopped by police on her way home.

After being retained we discovered that the approved screening device (“ASD”) tags which were uploaded as evidence were not linked back to the police notes, therefore there was no confirmation that the ASD tags provided were from the ASD that was used to seize our client’s breath sample. The ASD was also almost outside of its legally required calibration period, meaning the results were not necessarily accurate. Lastly, the police officer failed to provide proper information regarding the second ASD used to complete the roadside appeal process. After presenting all of this to the adjudicator, it was agreed that the evidence was not properly submitted, and the NAP was cancelled.


Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for failing/refusing to provide a breath sample after he had been pulled over for a traffic stop.  

After listening to our client’s recollection of events, it was clear that when the police officer asked him to provide a sample of his breath, our client was extremely nervous and had an altered breathing pattern as a result. Our client’s unique circumstances meant he was required not to consume any alcohol and he feared that after consuming one, low-alcohol beer, the approved screening device (“ASD”) may register this, and he may be sent to jail. We made our client’s circumstances clear to the adjudicator and used sworn evidence to confirm our client was trying his best to provide a sample. The adjudicator agreed with our argument and cancelled the NAP.

Successful Result: IRS: Fail cancelled.

IRS: Fail Cancelled
Our client was issued a Notice of Administrative Penalty “NAP” for operating a motor vehicle while their ability to do so was impaired by alcohol after police officers attended a gas station where they were told our client was parked and “slumped over” in his vehicle.

After being retained we learned that our client was not driving his vehicle that day, he was sleeping inside while it was parked. This was corroborated by two of his friends who we were able to collect sworn evidence from. Based on our argument that our client was parked, sleeping, and had no intention of driving while he was impaired, the adjudicator agreed that our client was not a realistic risk to persons or property of driving while impaired, therefore the penalty should be cancelled.

Successful Result: IRS: Fail cancelled.
IRS: Fail Cancelled
Our client was charged with failing to provide a breath sample. The police noticed our client leaving a liquor store without putting his purchase in the back of his vehicle, and suspected that our client was driving with alcohol within reach, in contravention of the Gaming, Liquor and Cannabis Act. The police claimed to smell an odour of alcohol when they pulled our client over and requested that our client provide a roadside breath sample. Our client made 12 unsuccessful attempts at providing a breath sample and was charged with refusal.

We thoroughly reviewed our client’s disclosure package and immediately identified what we viewed as an egregious violation of his Charter right against unreasonable search and seizure – the arresting officer did not have enough plastic tubes to take breath samples from our client, which meant that our client had to wait for another officer to bring more tubes, all while he was detained. At trial, we cross-examined the arresting officer and got him to admit that he had made a mistake by forgetting to bring enough plastic tubes. After successfully arguing that our client’s rights had been breached during the police investigation, the trial judge acquitted our client.

Successful Result: Acquitted at Trial, No Criminal Record
Refusal Charge
Results in Acquittal
Our client was charged with impaired driving and refusing to provide breath samples after the police received a complaint of what appeared to be a physical altercation in the vehicle. Our client made four unsuccessful attempts at providing a roadside breath sample. She explained to the police that she had medical issues including bronchitis, but the police charged her with refusing to provide a breath sample.

We learned about our client’s medical issues during our interviews with her and understood that she had genuinely tried her best to provide a breath sample. We collected medical documentation from our client’s physicians. We began negotiating with the Crown Prosecutor and convinced them that our client had a lawful excuse for failing to provide a breath sample. Ultimately, the Crown Prosecutor stayed the charges.

Successful Result: Charges Stayed, No Criminal Record

Impaired Driving and Refusal Charges Stayed
Our client was charged with impaired driving, driving while over the legal limit, and failing to remain at the scene of an accident after he caused a five-motor vehicle collision at an intersection. Our client panicked and left the scene prior to police arriving. The police located him later and arrested him for impaired driving. Our client suffered injuries during his arrest. This part of the police investigation was not captured by body-worn camera footage. Our client was taken to the detachment, where he provided breath samples over the legal limit.

Upon being retained, we immediately began thoroughly reviewing the voluminous disclosure package and working on our client’s defence. We identified a number of violations of our client’s Charter rights. Prior to the trial, we filed a detailed Charter Notice outlining the arguments that we would be making at trial; namely, that the police used excessive force in arresting our client. A few days later, the Crown Prosecutor stayed the charges against our client.

Successful Result: Charges Stayed, No Criminal Record
Impaired Driving, Over 80, and Hit & Run
Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.