Edmonton Immediate Roadside Sanctions (IRS) Lawyers

The Immediate Roadside Action Program came into effect in Alberta on December 1, 2020. It is administered under the Alberta Traffic Safety Act (TSA). This program lets law enforcement give you an Immediate Roadside Sanction(s) (IRS). This means they can suspend your license, administer a fine, and seize your vehicle at the roadside if they believe that you are under the influence of alcohol and drugs.

You will receive a Notice of Administrative Penalty (NAP), and this will give you the information regarding the reason you were issued an IRS, what kind of IRS sanction you got and the information about appealing it.

It is up to you to prove that your IRS should be cancelled. When you’re in a stressful situation like this, it can be difficult to see how to defend yourself, but that doesn’t mean defences are not available to you. Our experienced DUI lawyers are here to help you through this process.

Understanding Immediate Roadside Sanctions in Edmonton

The IRS program was created to keep our roads safer. It’s a penalty that allows law enforcement to tackle impaired driving situations faster than a DUI charge.

An IRS is an administrative penalty, not a criminal charge like a DUI charge. IRS is governed by the TSA, which is provincial legislation. DUI charges are covered in the Criminal Code, which is federally controlled. Getting an IRS will typically not result in a criminal record, although it can still be recorded on your driver’s abstract, which could impact your insurance or your ability to get jobs.

The specific details regarding different types of IRS are outlined in the TSA, starting in section 88.01.

The type of IRS you are given will depend on the kind of license you have and what happened at the roadside screening. Each has different penalties associated with them. There are 5 types of sanctions outlined in the TSA:

1. IRS: 24-Hour:

• This type of sanction suspends your license for 24-hours. Your vehicle can be seized for 24-hours. This is issued when the officer believes that you’re under the influence of drugs or alcohol or if they think you’re medically unable to drive. Your driver’s license may be seized for 24-hours as well. After a 24-hour period, the suspension will be lifted automatically. You may have to get your license back from the police.

2. IRS: Novice:

• This sanction applies to drivers who have a learner’s license or a probationary license. For novice drivers, there is a zero-tolerance policy – meaning you are not allowed to have any drugs or alcohol in your system. This is issued if the officer believes you are under the influence of any drugs and alcohol. If you receive this sanction, you’ll immediately be suspended from driving for 30 days, your vehicle will be seized for 7 days, and you will be issued a $200 fine plus a victim fine surcharge. Other conditions can be added as well.

3. IRS: Commercial

• This sanction applies to those who are operating a commercial vehicle, like a delivery truck or a bus. For commercial drivers, there is a zero-tolerance policy – meaning that you are not allowed to have any drugs or alcohol in your system. The consequences for this type of sanction will depend on whether or not you’ve been issued one before:
  • First offence: you will be suspended from driving for 3 days, be charged a $300 fine plus a victim fine surcharge, and potentially face other conditions.
  • Second offence: you will be suspended from driving for 15 days, be charged a $600 fine plus a victim fine surcharge, and potentially face other conditions.
  • Third offence: you will be suspended from driving for 30 days, be charged a $1200 fine plus a victim fine surcharge, and potentially face other conditions.

4. IRS: Warn

• This type of sanction is imposed when an officer has a reasonable belief that you have a blood alcohol level of 0.05-0.08. The consequences for this type of sanction will depend on whether or not you’ve been issued one before:
  • First offence: you will be suspended from driving for 3 days, your vehicle will be seized for 3 days, you will have to pay a fine of $300 plus a victim fine surcharge, and you potentially face other conditions.
  • Second offence: you will be suspended from driving for 15 days, your vehicle will be seized for 7 days, you will have to pay a $600 fine plus a victim fine surcharge. You will have to partake in the Crossroads education course. The course cost is nearly $200 and takes over 3 hours to complete.
  • Third offence: you will be suspended from driving for 30 days, your vehicle will be seized for 7 days, and you will have to pay a fine of $1200 plus a victim fine surcharge. You will also have to complete the IMPACT Program. The program cost is over $1000, and it takes 2 days to complete.

5. IRS: Fail

• This type of sanction is the most serious and could also come with a criminal charge. It is imposed when an officer has reasonable grounds to believe that you:
  • Operated a motor vehicle when you were impaired to any extent by alcohol and/or drugs
  • Had a blood alcohol level that was equal to or over 0.08, a drug blood concentration level exceeding what’s prescribed under the Criminal Code, or both, within 2 hours of operating a motor vehicle.
  • Failed or refused to comply with a known demand under sections 320.27 and 320.28 of the Criminal Code (without any reasonable excuse). These sections have to do with refusing to provide a breath, blood or bodily fluid sample when requested.
• The penalties of this kind of sanction are dependent on whether or not you have been issued one before:
  • First offence: you will be suspended from driving for 90 days. Then, you’ll have to participate in the Alberta Ignition Interlock Program, which will take one year. Your vehicle will be seized for 30 days, and you’ll have to pay a $1000 fine plus a victim fine surcharge. You will have to participate in the one day Planning Ahead education course.
  • Second offence: you will be suspended from driving for 90 days. Then, you’ll be required to take the Alberta Ignition Interlock Program for 36 months. Your vehicle will be seized for 30 days, and you’ll have to pay a fine of $2000 plus a victim’s fine surcharge. You will have to complete a 2-day IMPACT education course. You will be charged under the Criminal Code.
  • Third offence: you will be suspended from driving for 90 days. You will be required to participate in the Alberta Ignition Interlock Program for a lifetime. Your vehicle will be seized for 30 days, and you’ll have to pay a fine of $2000 plus a victim’s fine surcharge.

The Consequences of an IRS in Edmonton

Although an IRS is not a criminal charge, there are various consequences associated with getting one, even for a first-time offender. Your license will be suspended, and your vehicle will be seized. You’ll have fines and tow bills issued to you. You may also have to take education courses. These courses are time-consuming, and you will have to pay for them.

An IRS can come with long-term consequences. The record of an IRS could be visible on your driver’s abstract, which your insurance provider can see, meaning your insurance costs could increase. Driver’s abstracts can also be viewed by potential employers, so getting an IRS could impact future job opportunities.

How an IRS Lawyer in Edmonton Can Help

Getting the help of an Edmonton IRS lawyer is crucial in challenging the penalties you’re facing. Traffic laws are complex. An IRS lawyer can help you navigate the process.

It’s important to remember that your IRS can be beat – but it takes particular defences to do so. An IRS lawyer in Edmonton can help you with this. They can examine the particulars of your case and create a strong defence for you.

Defences to an IRS are outlined in the SafeRoads Alberta Regulation. Creating an IRS defence isn’t easy – you have to pick the best defences for your situation and curate your arguments in a short period of time. If you don’t initiate your challenge within 7 days of getting your IRS, you will suffer the consequences. It is in your best interest to hire an IRS appeal lawyer in Edmonton who can examine your case and give you personalized advice.

Some of the most common IRS defences are:

• Charter Violations: the police may stop you or collect evidence in a way that is unconstitutional.
• Failure to Disclose Evidence: the police have to give you any evidence they gathered against you, and if you do not receive it, you can raise it as a defence.
• Factual/Technical Issues: you may be able to prove that you were not the one driving the vehicle or that the breathalyzer used to collect samples was not working properly.
• Reasonable Excuse: if you could not give a breath sample because of a medical condition, you may be able to raise this as a defence.

Qualities to Look for in an Edmonton IRS Lawyer

It is important to find an IRS lawyer who has experience dealing with similar cases. Since an IRS is part of provincial legislation, it would be best to look for legal help from Alberta IRS. IRS challenges are completed virtually – so you can work with our lawyers in Edmonton or Calgary.

You have limited time to act, and an experienced lawyer can review what happened to you and recognize possible defences for your case quickly. It’s also beneficial to check your lawyer’s success rate with IRS cases and read reviews about them to see how their past clients felt about their work.

Frequently Asked Questions About IRS in Edmonton

What are the penalties associated with an IRS in Alberta?

IRS penalties include license suspension, vehicle seizure, fines, having to complete driving education courses, along with other potential consequences.

How does an IRS differ from a traditional DUI charge?

An IRS is not a criminal charge, like a DUI. It is an administrative penalty. Being issued an IRS will not result in a criminal record the way a DUI conviction would.

Can I challenge an IRS in Edmonton, and how?

Yes, it is possible you dispute your IRS. You can do so by going to the SafeRoads site and by contacting one of our IRS appeal lawyers in Edmonton to help you get a strong defence.

How long do I have to appeal an IRS decision?

You have only seven days from when you receive your IRS to dispute it.

Contact A Lawyer Today

An IRS can potentially have lifelong implications for you. While receiving one can be frightening and stressful, it’s important to remember that it is possible to beat it. There are defences that may be available to you through the help of one of our experienced IRS lawyers in Edmonton.

You only have seven days to apply for an appeal, so contact us today to get the help you deserve.