There is a popular misconception that if you are pulled over and blow just over the limit on a first-time DUI in Alberta, you may get off with lenient treatment from the police and judicial system.

Whether it was one beer or a glass of wine too many, if you register a FAIL (a BAC of 0.08 or higher) in a roadside test in Calgary, you will be subject to severe and immediate roadside penalties.

Alberta’s Immediate Roadside Sanctions (IRS) program imposes administrative penalties at the roadside for any driver in the IRS: FAIL or WARN range—with no opportunity to challenge the penalties in court.

Most drivers no longer face criminal charges for a first-time DUI in Alberta but the severe penalties often make it advisable to hire a criminal defence lawyer to fight the ticket with SafeRoads Alberta.

Understanding the IRS: FAIL system

Since 2020, police officers in Alberta have had the power to issue tickets and immediate administrative penalties if they believe individuals are driving under the influence of drugs or alcohol.

Impairment can be established by breathalyzer tests, field sobriety tests, and observations by law enforcement officers.

When drivers are asked to take a roadside breathalyzer test, a positive test result can lead to one of several notices being issued by the law enforcement officer:

• IRS: FAIL: For a blood alcohol concentration (BAC) of 0.08 or higher, or if you fail or refuse drug and alcohol testing.
• IRS: WARN: For a BAC between 0.05 and 0.079 or if you fail drug/alcohol sobriety tests.
• IRS: ZERO: For novice drivers and commercial vehicle operators who operate under a zero-tolerance policy for alcohol and drugs.
• IRS: 24-Hour: For anyone suspected of being impaired by alcohol, drugs or a medical condition affecting their ability to drive safely.

These notices result in a variety of mandatory penalties and are issued simply on the say-so of the police officer.

Most first-time DUI offenders no longer receive a court date in Alberta. Any BAC of 0.08 or higher (even 0.081) will result in a FAIL and associated penalties, which are explained below.

What are the penalties for a first-time DUI in Alberta?

An IRS: FAIL will result in the following penalties applied at the roadside:

• An immediate 90-day licence suspension: No driving under any circumstances for the first three months.
• 12 months of driving with an Ignition Interlock Device (IID): After 90 days, you must pay to have a breathalyzer installed in your car for one year.
• Vehicle seizure: Your car is impounded for 30 days (towing and storage fees alone can exceed $1,000).
• Other financial penalties: A $1,000 fine plus a 20% victim surcharge ($1,200 total).
• Attendance at a mandatory education program: You must complete the “Planning Ahead” course at your own expense.

The hidden costs include triple or quadruple insurance premiums for years following an IRS: FAIL.

So, Alberta treats a DUI like a speeding ticket, except the penalties are as severe as a criminal conviction, minus the threat of jail time.

Remember, these penalties are issued based on the opinion of a law enforcement officer.

You have only seven days to appeal!

Because there is usually no criminal investigation for a first-time DUI, many drivers are relieved that they escape a criminal record and simply pay the fine, endure the license suspension, and accept the other penalties.

The fact that the penalties are applied with no judicial oversight should ring alarm bells for those accused of a first-time DUI. However, you need to act quickly and should seek legal advice.

A window of only seven (7) days is allowed from the date of the incident to file an appeal with SafeRoads Alberta. There are no exceptions. Some might say that the system is set up to deter drivers from appealing their roadside sanctions.

If you decide to “wait and see” and miss the seven-day window to appeal, your right to challenge the suspension will effectively vanish, even if the police made a mistake.

Why you need a DUI lawyer

Unlike the criminal court in Alberta, the IRS system puts the “onus” (burden of proof) on the driver to prove that the penalty should be cancelled. There is no presumption of innocence.

Appeals are heard by SafeRoads Alberta at an administrative tribunal. No judge is present.  At the hearing, drivers or their lawyers must prove that the police officer was wrong to issue the immediate roadside sanctions. This could be due to:

• Procedural errors by law enforcement: A lawyer may be able to identify technicalities that cast doubt on the officer’s actions, such as whether the breathalyzer device was calibrated correctly or the right to a second test was provided. If the correct procedure was not followed, the appeal can be successful.
• The “Care and Control” defense: Was the driver operating the vehicle, or just sleeping in it, at the time the ticket was issued? Sometimes, we can prove that the driver was not in control of the vehicle at the time of the DUI accusations.

The appeal process is digital and can be complex.  A lawyer ensures your evidence is submitted correctly and persuasively.

Sometimes, the Crown decides to pursue criminal charges in addition to the IRS: FAIL penalties. If this happens in your case, a DUI or criminal defence lawyer can help prevent a permanent criminal record.

Don’t just pay the fine!

Whether you blew slightly over the limit or significantly past it, treating an IRS: FAIL like a standard ticket is a mistake. For most first-time offenders, simply paying the fine and accepting the sanctions without a legal review is not the best option.

Law enforcement frequently makes mistakes and these should be challenged, especially considering the severe penalties (including a 15-month impact on driving) and costs associated with an IRS: FAIL.

Seek legal advice immediately to protect your license and your immediate future.

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.