An Immediate Roadside Sanction (IRS) is an administrative penalty that Alberta police issue at the roadside when you fail or refuse a breath, blood, or drug test, or show signs of impairment. It is issued under the Traffic Safety Act, not the Criminal Code, so there is no court date and no Crown Prosecutor.
The penalties start the moment the officer serves the notice: licence suspension, vehicle seizure and fines. You have 7 days to request a review through SafeRoads Alberta, and notices are canceled when police make errors in the demand, the roadside appeal, or their paperwork.
KEY TAKEAWAYS
- A SafeRoads review request must be filed within 7 days of the date on your notice and costs a non-refundable $150.
- A first IRS FAIL brings a 90-day driving ban, a 30-day vehicle seizure, a $1,000 fine plus a 20 percent surcharge, and a mandatory Planning Ahead course.
- An IRS does not leave you with a criminal record, but a FAIL notice can raise your insurance premiums the same way a DUI conviction would.
- Blowing over the limit does not decide your review. Unchecked boxes, no lawful demand, a missing roadside appeal, or faulty equipment can cancel the notice.
- If SafeRoads upholds the penalty, you have 30 days from receiving the decision to apply for Judicial Review before a judge at the Calgary Courts Centre.
- If you missed the 7-day deadline, you can apply for a late review for up to 12 months in limited circumstances.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending Calgary drivers facing impaired driving charges and roadside sanctions, and has appeared at every level of court in Alberta. He was the first defence lawyer in Alberta to challenge an immediate roadside sanction. He has since handled hundreds of reviews and appeals for Calgary drivers. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On IRS files, his record includes a driver whose officer read a breath demand right before offering the roadside appeal. That left the driver unaware the second test was voluntary. Cory showed that the officer had undermined the roadside appeal, and SafeRoads cancelled the notice.
Outcomes like that are built in the first week. A SafeRoads review is decided on the officer’s notes and the notice itself, not on whether you blew over the limit, and the 7-day window is the only time to put the officer’s errors in front of the adjudicator. Cory reviews the entire SafeRoads Alberta upload for those errors before the deadline passes. He can tell you, honestly and quickly, whether your notice can be beaten.
Roadside sanctions arise in a few ways: at a Calgary check stop, after a driver cannot give a complete breath sample, after a refusal, or when a novice or commercial driver has any alcohol or drugs in their system. Each one leaves a record of officer notes, checkboxes, and demands, and each one is a place where the notice can fail. Cory has had notices cancelled where the officer did not check a violation box, did not offer the roadside appeal, read a demand that made the second test seem mandatory, or relied on a malfunctioning screening device.
If you have received an IRS notice, speak to a lawyer before the 7-day review window closes. Call 403-978-6052, 24 hours a day, for a free consultation. Flexible payment plans make a defence available to most people.
WHAT HAPPENS THE MOMENT YOU’RE PULLED OVER?
An Immediate Roadside Sanction (IRS) is issued under the Traffic Safety Act. Penalties apply the second an officer decides you failed or refused a breath, blood, or drug test. There is no court date and no Crown prosecutor involved.
The penalties are severe and take effect immediately, even for a first-time offence.
This table outlines all the possible IRS penalties:
|
NOTICE TYPE |
WHAT IT MEANS |
PENALTIES |
|---|---|---|
| IRS 24-hour | Signs of impairment, but didn’t test at or over the legal limit. | 24-hour licence suspension. |
| IRS WARN | Blood alcohol concentration (BAC) between 0.05 and 0.079, or you failed a drug and alcohol sobriety test. |
3-day licence suspension. 3-day vehicle seizure. $300 fine plus a 20 percent victim surcharge. |
| IRS FAIL | BAC of 0.08 or higher, you refused testing, or you failed a drug recognition test. |
90 days with no driving, then a 12-month suspension. Driving during those 12 months only permitted if you are in the ignition interlock program. 30-day vehicle seizure. $1,000 fine plus a 20 percent surcharge. Mandatory Planning Ahead course. |
| IRS ZERO: Novice | Class 7 learner’s or Class 5-GDL licence holder with any measurable alcohol or drugs in your system. |
30-day licence suspension. 7-day vehicle seizure. $200 fine plus a 20 percent surcharge. |
| IRS ZERO: Commercial | Driving a commercial vehicle with any measurable alcohol or drugs in your system. |
3-day licence suspension. $300 fine plus a 20 percent surcharge. |
Penalties climb sharply for repeat notices. A second IRS FAIL doubles the fine to $2,000 and extends the suspension to 36 months. A third brings a lifetime suspension. You can drive only in the interlock program, and you can apply for reinstatement after 10 years, but approval is not guaranteed.
An IRS FAIL can raise your insurance premiums for years, even if you are never charged with a crime. Insurers can rate it the same way as a criminal DUI conviction.
Your only chance of avoiding these penalties is to appeal the sanction.
WHAT IS SAFEROADS ALBERTA?
SafeRoads Alberta is the provincial government office that reviews disputed IRS notices, vehicle seizures, and requests for more time to pay a fine. It began on December 1, 2020, when Alberta moved most first-time impaired driving cases with no injury or death out of criminal court and into this administrative system.
When it announced the change, the Alberta government projected that the new system would:
- Free up about 8 percent of court time for serious criminal cases.
- Eliminate about 1,200 complex full or multi-day trials.
- Save more than 30,000 hours of police time.
For you, this means a SafeRoads adjudicator decides your case instead of a judge, on a process built for speed. There is little time to gather evidence and build your arguments, so the first week after you get your notice matters most.
“When I’m hired by a client for an immediate roadside sanction, the first thing I do is look at the notice of administrative penalty to see if police made any errors on the paperwork. From there, I log into the SafeRoads portal. Police are required to upload all of their evidence. I immediately download everything and again begin looking for as many errors made by the police as possible. It is irrelevant if the client blew over the legal limit. What is relevant is how many errors there are and the significance of those errors.”
Cory Wilson, Criminal Defence Lawyer
WHAT SHOULD YOU DO RIGHT NOW?
If you or someone you love just received an IRS notice, you should understand two things:
- You can appeal the sanction, but you must be quick.
- Even though a sanction alone won’t leave you with a criminal record, you should appeal.
These immediate steps can help protect your rights:
- Call a lawyer immediately, not next week. You have a total of 7 days, and preparing a review takes time.
- Write down your version of events. Memory fades fast, and these cases turn on small details, like what the officer said and when.
- Keep every document the police gave you. Pass the Notice of Administrative Penalty and seizure notice to your lawyer to examine.
Acting inside the 7-day appeal window is the single biggest factor in whether your IRS can still be challenged.
HOW DO YOU APPEAL AN IMMEDIATE ROADSIDE SANCTION?
Cory reviews the entire SafeRoads Alberta upload before advising you, and he will tell you plainly if your case has no realistic chance.
If we proceed, we will file a review through the SafeRoads Alberta portal within the 7-day window.
The review costs $150 and is non-refundable. We can provide both written and video-based submissions. A government adjudicator working for SafeRoads Alberta decides your case within 30 days of the date your notice was issued.
WHAT DEFENCES CAN BEAT AN IRS NOTICE?
“Clients charged with immediate roadside sanctions often think they have no chance. That is incredibly wrong.”
Cory Wilson, Criminal Defence Lawyer
Cory starts by asking whether the police did their paperwork and their investigation properly.
Common grounds to cancel a notice include the following:
- Incomplete or contradictory notes. Officers leave boxes unchecked or give inconsistent explanations for what happened at the roadside. Either error can cancel a notice.
- Failure to explain your appeal rights. If you were not clearly and correctly told that you could request a second test, the notice can be cancelled.
- No lawful demand. If there is no record that a breath, blood, or drug demand was actually made, the notice cannot stand.
- Uncalibrated or unmaintained equipment. Devices that have expired or are improperly serviced cannot support a valid result.
If SafeRoads upholds the penalty, you can still apply for Judicial Review at the Calgary Courts Centre. You must serve your application on SafeRoads within 30 days of receiving the decision. This is your first chance to have an actual judge, rather than a government adjudicator, look at your case.
SUCCESSFUL RESULT: REFUSAL NOTICE CANCELLED FOR A SOBER SENIOR DRIVER
A senior citizen who had never consumed alcohol or drugs in her life was stopped at a Calgary check stop. Frightened by the officer’s manner, she was unable to give a complete breath sample.
The officer issued her an IRS FAIL notice for refusal:
- Cory took on the review and proved the officer had been heavy-handed and had abused his authority by pressuring a clearly sober driver.
- The notice was cancelled in full.
- His client got her licence and her impounded vehicle back, and she faced no fine or further suspension.
As Cory puts it:
“It was the officer’s misconduct that resulted in my client being charged, and I was able to successfully prove that to have the charges dropped.”
TESTIMONIALS
Recent clients have said this about Cory.
Delivered the result he said was possible
“He handled my IRS appeal professionally, clearly explained every step, and delivered the result he said was possible. Communication was solid throughout the process, and the appeal was successful with all penalties cancelled. If you need an experienced and trustworthy lawyer in Calgary, I highly recommend Cory.”
— V.R.
Highly recommend
“I highly recommend Cory to anyone needing legal representation. From the very beginning, Cory was incredibly attentive and responsive. He took the time to listen, answer my questions, and explain every step of the process so my daughter and I felt informed and supported. Thanks to Cory’s knowledge and professionalism, we achieved a successful outcome with my daughter’s IRS case.”
— L.P.
Stay Calm. Call Cory!!
“Cory was great to work with. Quick and effective throughout the process, leading to the best-case scenario. Stay calm, call Cory!!”
— R.D.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Police can issue an IRS and lay a criminal charge for the same stop.
These offences are commonly linked to a roadside sanction:
- Impaired driving (DUI). Operating a vehicle while your ability to drive is impaired to any degree by alcohol or drugs.
- Driving at or over 0.08. Having a blood alcohol concentration of 80 mg or more per 100 mL of blood within two hours of driving.
- Refusal to provide a breath sample. Failing or refusing, without a reasonable excuse, to comply with a police demand for a breath, blood, or physical coordination test.
- Driving while unauthorized. Driving while your licence is suspended, including during an IRS suspension.
If police laid a criminal charge alongside your IRS notice, Cory can review both files at your free consultation.
“I always give my clients a very frank and fair assessment of their case, the strengths and weaknesses of their defences, and the likelihood of success if they proceed with the appeal.”
Cory Wilson, Criminal Defence Lawyer
FREQUENTLY ASKED QUESTIONS
DO I NEED A LAWYER FOR MY IRS REVIEW?
You’re not required to have a lawyer, but the review is decided on written evidence and police notes. A lawyer who knows what errors to look for in the SafeRoads upload gives you a better chance of success.
WILL AN IRS SHOW UP AS A CRIMINAL RECORD?
No. An IRS is an administrative penalty under the Traffic Safety Act, not a Criminal Code conviction. However, repeat offences, injury, or death can still bring separate criminal charges alongside the IRS.
WHAT IF I ALREADY MISSED THE 7-DAY DEADLINE?
You may still apply for a late review, in limited circumstances, for up to 12 months after the notice was issued. Contact a lawyer immediately since the grounds for a late review are narrow.
CAN MY INSURANCE STILL GO UP IF I WIN MY APPEAL?
If your review is successful, the notice is cancelled and should not affect your record or your insurance file. An IRS that is not cancelled can affect your premiums the same way a DUI conviction would.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
During your free consultation, we will discuss the charge, possible outcomes, defences, and legal fees. We will also explain all the steps ahead, so you know what to expect.
LEGAL REFERENCES
- Immediate roadside sanctions, Traffic Safety Act, RSA 2000, c T-6, s 88.1
- Administrative penalty reviews, Provincial Administrative Penalties Act, SA 2020, c P-30.8
- Review procedures, SafeRoads Alberta Regulation, Alta Reg 195/2020
- Impaired driving, over 80 and refusal offences, Criminal Code, RSC 1985, c C-46, ss 320.14 and 320.15
- Impaired driving penalties, Government of Alberta
- Dispute a Notice of Administrative Penalty, Government of Alberta
- IRS notice cancelled for unchecked violation box, Cahalane (Re), 2022 ABSRA 340
