Calgary Immediate Roadside Sanction (IRS) Lawyers
Last Updated: October 16, 2024
Immediate Roadside Sanctions (IRS) are allegation of impaired driving by either drugs or alcohol, a driver’s license is suspended for a specific period. These suspensions are regulated and imposed by the Immediate Roadside Suspension Program, the Traffic Safety Act legislates all sanctions.
Under the Traffic Safety Act, there are five main types of sanctions. Which type you get will be dependent on the type of licence you hold, as well as the results of roadside screening conducted by the police. The five different types of sanctions are listed below:
- IRS: 24-Hour
- IRS: Novice
- IRS: Commercial
- IRS: Warn
- IRS: Fail
Notably, any IRS that you receive is completely separate from criminal proceedings. Therefore, any IRS you receive will remain in effect until you review or appeal the suspension, regardless of the outcome of your criminal charges. However, criminal charges may still be pursued against you despite you receiving an IRS. An IRS is issued by the Alberta Government and not the federal government. What this means is that an IRS is not a criminal offence and thus will not show up on your criminal record. Despite this, there are some very severe consequences associated with an IRS.
Dealing with an IRS can be challenging, therefore it is vital that you connect with one of our experienced IRS Lawyers to review your case during the 7-day period you have to launch a review of your licence suspension.
Understanding Immediate Roadside Sanctions (IRS) in Calgary
The IRS program in Alberta allows a police officer to suspend your driver’s licence for a set period of time on the grounds that they reasonably suspect you to have been in breach of impaired driving laws. The IRS program was designed to reduce delays for suspensions and relieve pressure on the justice system.
A DUI charge is a criminal offence and if convicted will result in a criminal record. However, an IRS is separate from a criminal offence and it will not result in a criminal record. Regardless of if you receive an IRS, law enforcement may choose to pursue a criminal charge against you.
Despite not having a criminal record, there are still various other consequences associated with an IRS. These can include licence suspension, fines, vehicle impoundment, and mandatory participation in educational/treatment programs. Furthermore, an IRS can cause employment issues as well as higher insurance premiums.
The Consequences of an IRS in Calgary
Although an IRS is not a criminal offence and thus will not appear on a criminal record, it does still have severe consequences. You will be provided with a “Notice of Administrative Penalty” by the police officer who issues your licence suspension. This Notice outlines the type of IRS issued, the penalty and the reason(s) for your licence suspension. In addition to the immediate penalties associated with an IRS, you will also likely face higher insurance rates as you are deemed a ‘high-risk’ driver. This can also have an impact on attaining future employment or maintaining employment, especially in certain fields such as those that have driving requirements. The penalties associated with each type of sanction are further discussed below:
- IRS: 24-Hour: This sanction has a lower penalty as it requires a lower threshold of evidence for the police officer. The police officer must have reasonable grounds upon which they deem that a driver’s mental or physical ability is impaired due to alcohol, drugs or a medical condition. A driving suspension for 24 hours will be imposed. Additionally, your vehicle may be seized for 24 hours as well as your driver’s licence being seized by the police.
- IRS: Novice: This sanction is imposed on drivers with a learner’s or probationary licence. A 30-day driving suspension will be imposed, as well as your vehicle being seized for 7 days. A fine of $200 plus a victim fine surcharge as well as any other reinstatement conditions will also apply.
- IRS: Commercial: This sanction is imposed on drivers who are impaired while driving a commercial vehicle.
For a first offence, you will face a 3-day driving suspension, a fine of $300 plus a victim fine surcharge and any other reinstatement conditions.
For a second offence, you will face a 15-day driving suspension, a fine of $600 plus a victim fine surcharge as well as any other reinstatement conditions.
For a third or subsequent offence, a 30-day driving suspension will be imposed as well as a fine of $1, 200 plus a victim fine surcharge and any other reinstatement conditions. - IRS: Warn: A police officer can impose this sanction when they have reasonable grounds to suspect that a driver has a blood alcohol concentration (BAC) level of between 50-80 mg in 100 ml of blood.
- For a first-time offence, you will face an immediate 3-day driving suspension as well as a fine of $300 plus a victim fine surcharge, you will also be subject to any additional reinstatement conditions.
- For a second offence, a 15-day driving suspension will ensue alongside your vehicle being seized for 7 days, a fine of $600 plus a victim fine surcharge. Additionally, you will need to participate in a half-day Crossroads education course.
- For a third or subsequent offence, an immediate driving suspension of 30 days will be imposed as well as a 7-day seizure of your vehicle, a fine of $1,200 plus a victim fine surcharge. You will also be required to participate in a 2-day IMPACT education course.
- IRS: Fail: This is the most severe sanction and may be imposed when a police officer has reasonable grounds to suspect that you operated a vehicle while impaired, you had a blood alcohol concentration or drug concentration or a combination of the two levels exceeding the established limit, you fail or refuse to comply with a demand made under s.320.27 or s.320.28 of the Criminal Code.
- For a first-time offence, you will face an immediate driving suspension for 90 days followed by mandatory participation in the Alberta Ignition Interlock Program of 12 months. You will also face vehicle seizure for 30 days, a fine of $1,000 plus a victim fine surcharge, and required participation in the 1-day Planning Ahead educational course.
- For a second offence, you will be suspended from driving for 90 days, followed by 36 months of mandatory participation in the Alberta Ignition Interlock Program. A 30-day vehicle seizure, a fine of $2,000 plus a victim fine surcharge, and required participation in the 2-day IMPACT education course will also ensue. In addition to receiving the sanction, you will also be charged under the Criminal Code.
- For a third or subsequent offence, a 90-day driving suspension followed by lifetime participation in the Alberta Ignition Interlock Program will be imposed. Additionally, your vehicle will be seized for 30 days, you will receive a $2,000 plus a victim fine surcharge fine.
How an IRS Lawyer in Calgary Can Help
A dedicated IRS lawyer can help guide you through legal process. An experienced IRS lawyer will be able to challenge roadside sanctions through the implementation of various strategies tailored to your specific situation.
Our lawyers will work to analyze police actions and the evidence against you for any weaknesses which will further aid in the development of strategies. Through gathering evidence, interviewing witnesses, identifying if the police breached any of your Charter rights, or if there were any errors in how the screening devices were used or if they were faulty when used, our dedicated IRS lawyers will determine the best strategy to employ for a successful IRS review.
It is important to speak with one of our lawyers within the 7-day review period so that a strategy can be developed in a timely manner for a successful IRS review.
Qualities to Look for in a Calgary IRS Lawyer
Finding the right lawyer can make all the difference in the outcome of your IRS review. It is important to look for lawyers with experience in handling Alberta’s IRS program alongside good exposure to local court systems and procedures.
Looking at client reviews can provide a guideline on how successful a lawyer is in handling IRS cases. Client reviews will also provide further insight into a lawyer’s reputation for effective client advocacy.
Our dedicated team of IRS lawyers have strong communication skills and vast experience in handling IRS cases. Speak with one of our lawyers to gain further information on how we can assist you on your case.
The Process of Contesting an IRS in Calgary
It is important to note that the window for initiating an IRS review is 7 days after receiving the suspension. SafeRoads, which is the adjudicative branch of Alberta Transportation, will conduct a hearing and resolve the appeal within 30 days. The back of the Notice of Administrative Penalty outlines the steps for applying for a review. This information can also be found on the SafeRoads website. An outline of the critical steps involved is further discussed below:
- Log in to the SafeRoads online portal:
You can access the portal on the SafeRoads website. You will be able to pay fines, access disclosure, schedule a review of a suspension, and upload documents on the online portal. You will need to input the following information to find your matter:
- Contravention number which is located at the top of the Notice of Administrative Penalty
- Last name
- Date of birth
- Occurrence time
- Request the review:
You can request a review of your IRS, either in written or oral form, once you have signed into the online portal. A non-refundable fee of $150 will be required for the review. To start the request process there will be a box on the right side of the main page that is entitled “Apply for a Review”.
The review must be requested within 7 days of receiving the suspension. Under exceptional circumstances, a review may be allowed up to 12 months after the date of suspension. These circumstances can include circumstances where you were unaware of the administrative penalty, a physical or mental incapacity was the reason for your inability to respond, or you were rendered unable to respond due to unforeseen and unavoidable events. All exceptional circumstances are outlined under the Provincial Administrative Penalties Regulation.
- Schedule a review:
Once you have requested a review, a date and time for the review must be scheduled within 21 days of your suspension. You will have one chance available to change this date and time however, the rescheduled review must still fall within the 21-day period.
- Upload your documents:
Any supporting documents, such as witness statements and photographs, alongside your written argument, can be submitted through the portal before 2 full calendar days of your scheduled review.
This review process is highly technical and although it can be done by you, it is highly recommended that you have an experienced lawyer to help you through this process. Our lawyers will be able to perform all of the above steps on your behalf. Additionally, they will be able to gather evidence such as breathalyzer calibration records, and evidence on officer conduct. We will also be able to represent you during the review hearing allowing us to implement the most relevant grounds of appeal. The grounds of appeal usually include factual innocence, evidence proving a violation of your Charter rights, reasonable excuse, or a legislative defence.
Contact an IRS appeal lawyer in Calgary for advice on your specific case.
Frequently Asked Questions (FAQs) About IRS in Calgary
What are the penalties associated with an IRS in Alberta?
IRS consequences can be very significant, depending on the specifics of your sanction. A suspension period may vary but typically ranges between 24 hours to a lifetime of driving with a blow box. If you are a first-time IRS Fail, the suspension will typically be for a period of 15 months. Following the initial 90-day suspension, you will be eligible to partake in the Ignition Interlock Program, with various applicable costs, for the remainder of your suspension. A lifetime suspension will result if you have an IRS Fail for the third time.
You may also receive a fine with your IRS, varying from between $200 to $2,000. An additional victim fine surcharge may be applicable, increasing the fine. You will also be responsible for paying any fees related to the seizure, storage and towing of your vehicle. Mandatory education courses ranging from $159 to $976 may also be required.
To discuss your penalties and what your options are, contact one of our IRS penalty lawyers in Alberta to help you today.
How does an IRS differ from a traditional DUI charge?
An IRS is not a criminal offence and will therefore not show up on your criminal record. A DUI charge on the other hand is a criminal offence with more severe consequences and may show on your criminal record.
Can I challenge an IRS in Calgary, and how?
An IRS review must be filed within 7 days of receiving the suspension. An IRS can be challenged virtually across Alberta. You can hire one of our criminal defence lawyers, who can provide Alberta IRS legal help by filing a review from anywhere in Alberta and fight your IRS. Contact our IRS lawyers to learn more about how to challenge your IRS.
How long do I have to appeal an IRS decision?
You will have 7 days from receiving your suspension to file a review for your IRS through SafeRoads Alberta. Once you have filed for review, appeals are typically resolved within 30 days. Get in contact with one of our experienced IRS lawyers to find out more about your sanction.
Contact A Lawyer Today
Despite not having a criminal record, an IRS still has many severe consequences. From fines to licence suspensions to difficulty in securing employment and the possibility of higher insurance rates. Furthermore, you may still be charged under the Criminal Code, regardless of receiving an IRS.
It is important for you to seek legal representation so that your rights are protected and you gain a further understanding of what your options are. Consult with one of our experienced Immediate Roadside Sanction lawyers in Calgary for guidance regarding your IRS.