Immediate Roadside Sanctions (IRS)
DUI Impaired Driving Lawyer
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We Can Help with Immediate Roadside Sanctions (IRS)
Facing IRS sanctions or criminal charges for impaired driving can destroy your livelihood, letting you face the complex, technical and intricate legal system. At Alberta Criminal Defence Lawyers, we use our experience and knowledge to provide you with sound and fair legal guidance and counsel. You shouldn’t have to suffer your whole life for a small mistake. Let our DUI impaired driving lawyers in Alberta help you today.
Your Trusted Immediate Roadside Sanctions (IRS) and Impaired Driving DUI Lawyer
You may be convicted of impaired driving if a prosecutor proves that you were in control of a motor vehicle, that your ability to operate the vehicle was impaired, and that alcohol was the cause of the impairment. One of the most important things to remember if an officer charges you with impaired driving is to say as little as possible while in police custody. Upon being charged, you will have your license suspended until the case goes to trial. Other possible punishments for impaired driving include further license suspensions, substantial fines, a criminal record, and some jail time based on your number of previous offences. Because impaired driving involves several technicalities, our DUI lawyers in Calgary can build a strong defence using questioning the breathalyzer’s reliability, analyzing varying blood alcohol levels, or challenging observations of impairment. These techniques may allow us to create a compelling defence to rid you of, or at least minimize, the consequences of your conviction.
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Your Guide to Alberta’s Immediate Roadside Sanctions (IRS) Program
What is the IRS Program?
IRS: Fail
IRS: Warn
IRS: Commercial
IRS: Novice
IRS: 24-Hour
What is the IRS Program?
The Immediate Roadside Sanctions (IRS) program allows law enforcement to suspend your driver’s licence for a period of time if there is any suspicion that you are driving impaired by alcohol or drugs. The aim of the new program was to reduce delays for suspensions and alleviate pressure off the justice system. The length and type of suspension depend on the licence you have, the results of the roadside screening and previous convictions.
IRS: Fail
You will receive the IRS: Fail sanction if you have failed a breathalyzer test (exceeding 0.08), have been operating a vehicle while impaired by alcohol or drugs or failed to comply with a demand made under the Criminal Code. Penalties are severe, particularly if you have prior offences. These can include:
- First-time offence – 90 days driving suspension, 12-month driver’s licence suspension with participation in the Ignition Interlock Program, completion of the Planning Ahead course, 30-day vehicle seizure, $1,000 fine, plus a victim fine surcharge of 20%, and any court-imposed penalties.
- Second-time offence – 90 days driving suspension, 36-month driver’s licence suspension with participation in the Ignition Interlock Program, completion of the IMPACT course, 30-day vehicle seizure, $2,000 fine, plus a victim fine surcharge of 20%, and any court-imposed penalties.
- Third & final offence – 90 days driving suspension, lifetime driver’s licence suspension with participation in the Ignition Interlock Program, 30-day vehicle seizure, $2,000 fine, plus a victim fine surcharge of 20%, and any court-imposed penalties.
IRS: Warn
This sanction is initiated when law enforcement has reasonable grounds to believe that the driver has between 50-80 mg of alcohol in 100ml of blood. It is less than the Criminal Code charge but still warrants sanctions. Prior charges will affect the result of the IRS. Penalties include:
- First-time offence – Immediate 3-day driver’s licence suspensions and a $300 fine, plus a victim fine surcharge of 20%.
- Second-time offence – Immediate 15-day driver’s licence suspension, a 7-day vehicle seizure, a $600 fine, plus a victim fine surcharge of 20%, and participation in the Crossroads course.
- Third & final offence – Immediate 30-day driver’s licence suspension, a 7-day vehicle seizure, a $1200 fine plus a victim fine surcharge of 20%, and participation in the IMPACT program.
IRS: Commercial
This sanction is only imposed on drivers impaired by alcohol or drugs while operating a commercial vehicle, such as a bus or a truck. Commercial drivers must have a zero (0.00) legal limit. Prior charges will affect the result of the IRS, which can include:
- First-time offence – Immediate 3-day driver’s licence suspensions and a $300 fine, plus a victim fine surcharge of 20%.
- Second-time offence – Immediate 15-day driver’s licence suspension, a 7-day vehicle seizure, a $600 fine, plus a victim fine surcharge of 20% and participation in the Crossroads course.
- Third & final offence – Immediate 30-day driver’s licence suspension, a 7-day vehicle seizure, a $1200 fine, plus a victim fine surcharge of 20%, and participation in the IMPACT program.
IRS: Novice
The legal limit for drivers with a learner’s or probationary licence in Alberta is zero (0.00). This sanction specifically targets novice drivers with a Class 7 learner’s licence category and Class 5 GDL licence. Even if the driver has a ‘warn’ result on the breathalyzer, they will receive a penalty. These include:
- Licence suspension for 30 days
- Vehicle seizure for 7 days
- $200 plus a victim fine surcharge of 20%
IRS: 24-Hour
This sanction is imposed when drivers are suspected of being under the influence of alcohol, cannabis or other drugs or have medical conditions that impair their driving ability. Punishments can include:
- 24-hour immediate driving suspension
- Vehicle seizure
- Driver’s licence seizure
After 24 hours, the suspension is lifted automatically. However, you will need to get your driver’s licence back before you can drive again.
What Our Alberta DUI Lawyers Can Do For You
As the best DUI lawyers in Alberta, we undertake a thorough examination of police actions and evidence against you to determine if proper protocols were implemented and if you were charged fairly. We also prepare arguments for your review hearing and establish your side of the story while assembling evidence that supports your case. We’ll use our knowledge and expertise to get the best result possible, ensuring your life isn’t ruined. Make the right call – contact Alberta Criminal Defence Lawyers today.
FAQ
Yes. While it may come as a surprise to you, the Criminal Code states that the offence includes operating or having care or control over a vehicle while impaired. Thus, you may still be convicted of impaired driving, and a criminal lawyer may be your best defence.
No. Unfortunately, being asked to provide a breath sample at the roadside may be an instance that requires you to incriminate yourself in the absence of legal advice.
As with all driving offences, it is best to call a criminal defence lawyer to help decide on the best plan moving forward. A strong defence may include arguing that your actions resulted from an unexpected medical impairment or an involuntary intake of drugs.
The Ignition Interlock program is when a breathalyzer is installed in your vehicle, connecting to the ignition and engine. To start the vehicle, you will need to provide a sample. If you do not provide a sample or exceed your legal alcohol limit, you will receive a warning, have the event recorded, and cannot drive.
The Immediate Roadside Suspension Program came into effect across Alberta on December 1, 2020, replacing the Alberta Administrative License Suspension program.
The IRS is not a criminal charge, but you might still face criminal charges depending on the situation. This is based on your roadside tests, criminal record and other aggravating factors.
Yes, you can appeal your sanction. You have 7 days to do so. Your first call of action should be to call Alberta Criminal Defence Lawyers so that we can get started on your appeal.
Why Choose Us
Honest
We are honest and realistic with all of our clients. We will not sugar-coat or oversell the potential outcome of the case. However, we will always strive to achieve the best result possible.
Personable
We are personable with our clients. To us, you aren’t just another name. We seek to understand your story and build a positive relationship with you while defending your rights against the State.
Informative
We believe you should know what you’re up against; most people don’t know what to expect once they have been criminally charged. We will always strive to keep you informed every step of the way.
Effective
We have built a reputation of having a high success rate for our clients throughout Alberta. Often our clients will escape a criminal record or incarceration.
Streamlined
We have streamlined the process of contacting and working with a criminal defence lawyer. We make all docket court appearances on your behalf so you don’t have to attend.
Established
We have over 65 years of combined experience as defence lawyers. We've built relationships in the industry that allow us to achieve the best possible outcomes.
Local
Think of us as your friendly neighbourhood defence lawyers, serving clients across Alberta for over 40 years. Based in Calgary, we travel everywhere from Lethbridge to Fort MacMurray.
Flat Rates
We offer flexible payment schedules and flat-rate fee plans so you’ll always know what you’re paying upfront. Total fees depend on the complexity of your case.
