Alberta has Immediate Roadside Sanctions (IRS) that apply to impaired driving under the Traffic Safety Act. Additionally, law enforcement can proceed with charges under the Criminal Code of Canada, that can result in further penalties imposed by the courts. Once the Notice of Administrative Penalty is issued by law enforcement, the driver’s licence suspension or disqualification begins immediately. A Confirmation of Suspension will be sent to the last known address listed on your motor vehicle file. All DUIs listed below mean you drove while impaired to any degree with alcohol, drugs, fatigue or prescription drugs or a combination of those in your system. Repeat DUIs show a pattern of high-risk driving behaviour and the penalties escalate with each prior occurrence.
IRS 24-HOUR SUSPENSION
If you are suspected of being impaired by alcohol, drugs or a physical or medical condition that affects your ability to safely drive, you are subject to a 24-hour driver's licence suspension. If you receive a 24-hour driver's licence suspension for medical reasons, you may have your file reviewed by Driver Fitness and Monitoring to determine your fitness to drive.
IRS WARN PANALTIES
The following WARN penalties occur when your blood alcohol concentration is between 0.05 and 0.079 or you fail drug and alcohol sobriety tests.
First occurrence: An immediate 3-day driver’s licence suspension where you are unable to drive under any circumstances, a 3-day vehicle seizure and a $300 fine plus victim fine surcharge of 20%.
Second occurrence: An immediate 15-day driver’s licence suspension where you are unable to drive under any circumstances, a 7-day vehicle seizure and a $600 fine plus victim fine surcharge of 20% and a remedial education through the Crossroads course (the Planning Ahead course may also be accepted instead of the Crossroads course).
Third occurrence: An immediate 30-day driver’s licence suspension where you are unable to drive under any circumstances, a 7-day vehicle seizure, a $1,200 fine plus victim fine surcharge of 20% remedial education through the IMPACT Program.
IRS FAIL PENALTIES
IRS FAIL is administered under section 88.1 of the Traffic Safety Act as per which you are rendered IRS fail if, your blood alcohol concentration is 0.08 or more or you fail or refuse drug and alcohol testing or you fail drug recognition tests.
First occurrence: Immediate 2-stage, fixed-term driver’s licence suspension consisting of 2 distinct parts: 90 days where you are unable to drive under any circumstances and a further 12-month driver’s licence suspension. During this 12-month suspension period, you may participate in Alberta’s IRS FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your licence will remain suspended, and you cannot legally drive. In addition, you will be required to complete the Planning Ahead course, will have 30-day vehicle seizure and $1,000 fine plus victim fine surcharge of 20%. If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.
Second occurrence: Immediate 2-stage, fixed-term driver’s licence suspension consisting of 2 distinct parts: 90 days where you are unable to drive under any circumstances and a further 36-month driver’s licence suspension. During this suspension period, you may participate in Alberta’s IRS FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your licence will remain suspended, and you cannot legally drive. In addition, you will be required to complete the IMPACT Program, will have 30-day vehicle seizure and $2,000 fine plus victim fine surcharge of 20%. If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.
Third occurrence: Immediate 2-stage, fixed-term driver’s licence suspension consisting of 2 distinct parts: 90 days where you are unable to drive under any circumstances and a further lifetime driver’s licence suspension. During this suspension period, you may participate in Alberta’s IRS FAIL Ignition Interlock Program and operate a vehicle equipped with an interlock device. If you choose not to participate in the Ignition Interlock Program, your licence will remain suspended, and you cannot legally drive. Provided you meet the eligibility criteria, you can apply for driver’s licence reinstatement and removal of the interlock requirement after 10 years. An application does not guarantee a removal of the lifetime suspension. In addition, you will have 30-day vehicle seizure, $2,000 fine plus victim fine surcharge of 20%. If you receive criminal-level impaired charges and convicted, the court will also impose additional penalties.
NOVICE DRIVER PENALTIES
Under the IRS ZERO Novice Program, there is zero tolerance for any alcohol and drugs for novice drivers in the Class 7 learner’s licence or a Class 5-GDL licence category. If your driver’s licence has been suspended, you will receive the following penalties: An immediate 30-day driver’s licence suspension where you are unable to drive under any circumstances, a 7-day vehicle seizure and a $200 fine plus victim fine surcharge of 20%.
COMMERCIAL DRIVER PENALTIES
Under the IRS ZERO Commercial Program, there is zero tolerance for any alcohol or drugs, or both, for drivers operating a commercial vehicle.
First occurrence: Immediate 3-day driver’s licence suspension where you are unable to drive under any circumstances, $300 fine plus victim surcharge of 20%.
Second occurrence: Immediate 15-day driver’s licence suspension where you are unable to drive under any circumstances, $600 fine plus victim surcharge of 20%.
Third occurrence: Immediate 30-day driver’s licence suspension where you are unable to drive under any circumstances, 1,200 fine plus victim surcharge of 20%.
FEDERAL CHARGES / PENALTIES
If you are found guilty of driving over the criminal limits for alcohol or drugs, you can face serious criminal penalties in addition to any provincial penalties that apply.
Alcohol - Federal limits
In all Canadian provinces, the maximum legal blood alcohol concentration (BAC) for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood or 0.08. Driving with a BAC of 0.08 or more is a criminal (federal) offence and the penalties are severe.
Alcohol - Provincial limits
In Alberta, and in most other Canadian jurisdictions, if your BAC is between 0.05 and 0.079, you will also face provincial impaired driving penalties.
Mandatory alcohol screening
Federal legislation for mandatory alcohol screening authorizes police officers to request a breath test for BAC from any driver they lawfully stop. Police officers can demand a preliminary breath sample to test for alcohol without reasonable suspicion the driver has alcohol in their body. Sober or not, a driver who refuses to provide a breath sample can be criminally charged with refusal to provide a sample. Failure to comply is considered a criminal offence and could result in a criminal charge as well as any applicable provincial penalties.
Drugs
If police determine you are driving while impaired by any drug, including illegal drugs, cannabis, prescription and over-the-counter medications, you will face severe consequences, including federal criminal charges and penalties and provincial sanctions. Penalties for criminal-level impaired driving offences can be found in Part VIII.1 of the Criminal Code of Canada.
Consequences
If you are found guilty of criminal-level impaired driving, you may be required to: Complete a Federal Driving Prohibition as stated on the Order of Driving Prohibition Against an Offender issued by the Courts, pay a reinstatement fee at any Alberta registry agent, complete an education course, successfully participate in the Mandatory Ignition Interlock Program for a prescribed term and successfully complete a road test at any Alberta registry agent.
Penalties
Impaired driving is a serious crime that poses a significant threat to public safety. Having the prohibited level of alcohol, THC, or other impairing drugs in your blood within two hours of driving is an offence. Penalties for committing this conduct can vary, depending on the alcohol or drug concentration, whether it is your first or a repeated offence, and whether you have caused bodily harm or death to another person.
IRS Defences
Here are a few available defences in appealing an Alberta IRS which are case/facts specific:
Failure to provide the required Records on the Safe Roads website.
Failure to comply with the requirements of a Roadside Appeal.
Failure to inform you of your right to an appeal in writing, or any other technical error within the IRS Notice itself.
Failure to properly make a breath demand or perform the test.
Any evidence that the individual was not in fact Impaired at the time.
If you receive IRS in Alberta, you only have seven days to launch a review of your license suspension. Contacting and retaining an experienced lawyer, Ranbir S. Thind may save you from lengthy suspension or a criminal conviction. Please reach Ranbir S. Thind at 1.780.784.1295 or email: [email protected]