Home|Immediate Roadside Sanctions Lawyers in Calgary
Immediate Roadside Sanctions Lawyers in Calgary
If your licence was suspended after a roadside stop, you only have 7 days to act. Our Calgary lawyers handle SafeRoads challenges across Alberta and fight to cancel IRS penalties. We review disclosure, raise Charter issues, and help clients get their licence back.
You only have 7 days to launch a review of your license suspension.
If you are facing an Immediate Roadside Sanction, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.
Immediate Roadside Sanctions (IRS) allow police officers in Calgary to act on the spot when they catch drivers breaking traffic laws.
The most common offence leading to an IRS is impaired driving, which is operating a vehicle while your ability is affected by alcohol or drugs.
As per Alberta’s Traffic Safety Act, the length and type of IRS will depend on the type of licence and results of the police’s roadside screening.
There are 5 different types of sanctions:
IRS: 24-Hour
IRS: Novice
IRS: Commercial
IRS: Warn
IRS: Fail
An IRS and any related criminal charge like impaired driving are separate offences.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those with Immediate Roadside Sanctions.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future. Contact a Calgary Immediate Roadside Sanction lawyer today by calling (403) 719-6410.
Key Takeaways
Immediate Roadside Sanctions (IRS) are serious penalties given to drivers suspected of impaired driving or other similar offences in Alberta.
Police can immediately suspend your licence, seize your vehicle, and issue fines on the spot.
The severity of the sanction depends on your blood alcohol level and previous offences—first-time offenders face minimum $1,000 fines.
You may need to use an ignition interlock device in your vehicle after the suspension is over.
With proper legal defence an IRS can be successfully reviewed. Especially if proper procedures weren’t followed by the police.
Evidence like improper testing, rights violations, or medical conditions can help challenge an IRS.
How can an Immediate Roadside Sanction lawyer help?
Our lawyers can make a significant difference in your case’s outcome.
We can review your case to find the strongest relevant arguments available for challenging your roadside suspension.
However, the time frame for filing a review is quite short. You only have 7 days from the time you get the IRS to file your request for a review.
Our lawyers can gather important evidence like police reports, records of breathalyzer maintenance, and video footage. This evidence can help highlight any Charter right violations and possible mistakes made calibrating the breathalyzers.
The provincial IRS infraction can be confusing and cumbersome to navigate. Our team will guide you through every step of the process, explaining what’s happening and what to expect.
Our client faced an Immediate Roadside Sanction (IRS: Fail) for allegedly operating a motor vehicle with a blood alcohol concentration (BAC) exceeding 80 milligrams per 100 milliliters of blood and impaired operation of a vehicle. The allegations arose after the client’s vehicle was found in a ditch near Banff National Park. Despite two separate breath tests indicating “Fail,” we identified critical deficiencies in the records provided, specifically related to the calibration of the devices used.
The investigation revealed that the approved screening devices (ASDs) used for both the initial test and the voluntary roadside appeal showed calibration dates listing a date nearly one year into the future. This glaring inconsistency raised doubts about the reliability of the devices. Although the issuing officer claimed this was a typographical error and the devices were calibrated in 2024, there was no corroborating evidence from the calibrator or records verifying the actual date. This oversight undermined the reliability of the results and the fairness of the administrative sanction.
At the review hearing, Michael Oykhman (Counsel) and M. Selders (Co-Counsel) argued that the absence of accurate calibration records violated procedural requirements under Section 2 of the SafeRoads Alberta Regulation and Section 12 of the Provincial Administrative Penalties Act. The adjudicator agreed, finding that the lack of reliable calibration information rendered the NAP invalid. The adjudicator determined that the client had established sufficient grounds to cancel the sanctions.
Successful Result: IRS Fail Cancelled, No Suspension.
Our client faced an Immediate Roadside Sanction (IRS: Fail) for allegedly operating a motor vehicle while impaired by cannabis. The sanction was issued following a traffic stop on Highway 1A near Cochrane, Alberta, during which the officer claimed the client displayed signs of impairment and admitted to recent cannabis consumption. Despite these allegations, we identified key flaws in the investigation and the evidence used to support the sanction.
During the stop, the officer noted the smell of burnt cannabis, observed red and bloodshot eyes, and cited the client’s admission of recent consumption. However, the client provided a breath sample on an approved screening device (ASD) that showed a blood alcohol concentration (BAC) of “0.” Despite the officer identifying himself as a “senior drug recognition expert” (DRE), no further testing, such as a DRE evaluation or a standard field sobriety test (SFST), was conducted to substantiate the officer’s claims of impairment by drugs.
At the review hearing, Ian Savage (Counsel) effectively demonstrated that the officer’s observations were insufficient to establish impairment under Section 4(e)(iv) of the SafeRoads Alberta Regulation. The officer’s reliance on subjective observations, without corroborating evidence from approved drug screening or further testing, failed to meet the required standard to uphold the sanction. Additionally, the client provided a credible and detailed explanation of her cannabis use and driving behaviour, which further undermined the officer’s claims.
The adjudicator concluded that the evidence did not establish impairment at the time of operation on a balance of probabilities. The Notice of Administrative Penalty (NAP) was therefore cancelled.
Successful Result: IRS Fail Cancelled, No Suspension.
Our client faced an Immediate Roadside Sanction (IRS: Fail) for allegedly operating a motor vehicle while impaired by alcohol or drugs. The sanction was issued following a complaint about the client being found unconscious in a vehicle that had backed into another car. Despite allegations of impairment and a subsequent drug recognition evaluation (DRE), we successfully demonstrated that critical procedural errors invalidated the sanction.
The investigation began with the client being arrested for impaired driving and hit-and-run. While the officer conducted various assessments, including an ASD test that returned a reading of “0” for alcohol and a DRE evaluation, the client was not provided a Notice of Administrative Penalty (NAP) or any written advice about their right to a voluntary roadside appeal until after the tests were completed. This failure to issue the NAP at the appropriate time directly violated the procedural requirements outlined in the Traffic Safety Act and relevant case law, including Lausen v. Alberta (Director of SafeRoads) and Lawrence v. Alberta (Director of SafeRoads).
At the review hearing, Laura Bobyn (Counsel) effectively argued that the officer’s failure to issue the NAP prior to the roadside appeal deprived the client of the opportunity to make an informed decision about the voluntary appeal. The adjudicator agreed, noting that the timing and delivery of the NAP were inconsistent with legal requirements. This procedural deficiency undermined the fairness of the process, leading to the cancellation of the sanction.
Successful Result: IRS Fail Cancelled, No Suspension.
Our client faced an Immediate Roadside Sanction (IRS: Fail) for allegedly operating a motor vehicle while impaired by alcohol following a traffic collision. The peace officer issued a Notice of Administrative Penalty (NAP) and presented the client with a verbal explanation of a roadside appeal. However, no written advice about the voluntary nature of the appeal or its implications was provided before the appeal was declined.
The incident began when law enforcement stopped the client after observing them leaving the scene of a collision. The client was arrested, handcuffed, and placed in the back of a police vehicle. Despite the officer mentioning the appeal, the absence of written documentation and clear communication led the client to mistakenly believe that declining the appeal would result in worse consequences, such as criminal charges.
At the review hearing, we highlighted procedural deficiencies in the officer’s conduct. We argued that the failure to provide written advice regarding the voluntary nature of the appeal violated procedural safeguards under Section 88.11 of the Traffic Safety Act. Drawing on key precedents, including Lausen v. Alberta (Director of SafeRoads) and Lawrence v. Alberta (Director of SafeRoads), we demonstrated that these deficiencies deprived the client of their right to meaningful access to a roadside appeal.
The adjudicator agreed that the officer’s omissions rendered the process unfair. The NAP was canceled, and no suspension or further penalties were imposed.
Successful Result: IRS Fail Cancelled, No Suspension.
Our client faced an Immediate Roadside Sanction (IRS: Fail) for allegedly operating a motor vehicle with a blood alcohol concentration (BAC) exceeding 80 milligrams per 100 millilitres of blood, following a traffic stop in Calgary, Alberta. This was a second occurrence, significantly raising the potential penalties and risks involved. Despite the breathalyzer results indicating a “Fail” after two separate tests, critical procedural deficiencies were identified in the investigation and explanation of the client’s rights.
The traffic stop arose from a complaint of impaired driving. After the initial “Fail” reading on the approved screening device (ASD), the peace officer arrested the client and referenced prior sanctions. The officer informed the client of the option for a roadside appeal but failed to provide timely written advice or documentation about its voluntary nature and purpose. The appeal form was presented in a rushed and unclear manner, leaving the client unaware of their rights or the distinction between criminal and administrative consequences.
During the review hearing, we emphasized the officer’s failure to meet procedural requirements under Section 88.11 of the Traffic Safety Act, particularly the lack of timely and adequate written advice about the roadside appeal. We argued that this oversight, combined with the client’s prior experience and heightened anxiety, resulted in significant unfairness. Relying on legal precedents such as Lausen v. Alberta (Director of SafeRoads) and Lawrence v. Alberta (Director of SafeRoads), we demonstrated that these procedural flaws denied the client meaningful access to safeguards against administrative sanctions.
The adjudicator agreed and canceled the NAP.
Successful Result: IRS Fail Cancelled, No Suspension.
Our client faced an Immediate Roadside Sanction (IRS: Fail) for allegedly operating a motor vehicle while impaired by alcohol. The incident occurred after police responded to a complaint about a driver found unconscious behind the wheel of a parked vehicle. Despite allegations of impairment, we identified procedural deficiencies in how the investigation and sanctions were conducted.
Law enforcement claimed that our client exhibited classic signs of impairment, including the smell of alcohol, slurred speech, and unsteady movement. The client was arrested, read their Charter rights, and placed in the back of a police vehicle. However, the investigating officer failed to provide written documentation or a clear explanation of the client’s rights to a voluntary roadside appeal. The roadside appeal was allegedly offered verbally, but no detailed information was provided about its purpose, voluntary nature, or potential impact. Instead, the client was handed documentation only after being transported home, long after the opportunity to elect a roadside appeal had passed.
At the review hearing, Michael Oykhman (Counsel) and M. Gill (Co-Counsel) demonstrated that the investigating officer’s actions violated procedural safeguards outlined in Section 88.11 of the Traffic Safety Act. Drawing on precedents such as Lausen v. Alberta (Director of SafeRoads) and Lawrence v. Alberta (Director of SafeRoads), they argued that the officer’s failure to provide timely written advice undermined our client’s ability to make an informed decision. The adjudicator agreed, finding that the lack of proper communication and documentation rendered the process unfair and procedurally flawed.
Successful Result: IRS Fail Cancelled, No Suspension.
Types of Immediate Roadside Sanctions
There are different types of Immediate Roadside Sanctions:
IRS: 24-Hour: If an officer has reasonable grounds to suspect that a driver has consumed alcohol or drugs or has any medical condition and that it is affecting their physical or mental ability, they can immediately suspend a driver for 24 hours. The vehicle may also be seized for 24 hours, and the officer can seize the driver’s licence.
IRS: FAIL: If you blow over 0.08 on a breathalyzer for the first time, officers can immediately suspend your licence for 90 days, impound your vehicle for 30 days, and require you to use an ignition interlock device for one year. You’ll also face a $1,000 fine and mandatory education program. Penalties increase for repeat offences.
IRS: WARN: If your blood alcohol concentration is between 0.05 and 0.079, you’ll receive an immediate 3-day licence suspension, a 3-day vehicle seizure, and $300 fine for a first offence. Penalties increase for repeat offences.
IRS: NOVICE: Novice drivers with any alcohol or drugs in their system face an immediate 30-day licence suspension and 7-day vehicle seizure.
IRS: COMMERCIAL: This sanction is for drivers who are operating a commercial vehicle with any drugs or alcohol in their system. Like novice drivers, commercial drivers are not allowed to have any amount of alcohol in their system. For a first-time offence, they will receive a 3-day suspension and $300 fine. Penalties increase for repeat offences.
Consequences of an Immediate Roadside Sanction
An IRS is not a criminal offence, it is an administrative penalty issued by the Alberta Government. This means it will not show up on a criminal record. However, an IRS can have very significant consequences.
When you get an IRS in Calgary, the consequences will be different depending on your situation and whether this is your first offence or a repeat offence.
You can lose your license for anywhere from 3 days to 15 months, and the police can take your car for anywhere from 3 to 30 days.
There are also required education programs, ignition interlock requirements, and fines of up to $2,000.
You’ll also have to pay a lot more for insurance, which can last for years and cost you thousands of extra dollars.
Getting an Immediate Roadside Sanction can be scary, but there are a few legal defences that might help your case. Our lawyers can look at the specifics of your case and come up with the best plan of action.
Here are some common defences that could work for your IRS:
Improper Use of Breath Test: To get accurate results, breath testing devices must be used correctly. If the police officer didn’t follow correct procedures, your test results might be invalid. For example, the police officer has to watch you before and during testing to make sure you don’t burp, eat, drink, or smoke before or during the test.
Medical Conditions: Certain medical conditions like diabetes, acid reflux, GERD or heart burn can impact test results. People with diabetes can produce acetone in their breath, and acid reflux, GERD, or heartburn can bring alcohol vapours from your stomach to your mouth. All of these could create artificially high readings. Respiratory issues, like asthma or COPD, can also get in the way of your ability to provide a proper breath sample. An officer could wrongly interpret that to be a refusal.
No Care or Control of the Vehicle: You can fight an IRS by showing that you weren’t driving or didn’t have “care or control” of the vehicle. You might have been sitting in your parked car with the engine running to keep warm, or you might have realized you shouldn’t drive and decided to sleep in your car instead.
Violations of Charter Rights: The police must respect your rights under the Canadian Charter of Rights and Freedoms when they stop you on the side of the road. You have the right to know why you are being held, the right to talk to your lawyer, and the right to not have your belongings searched or taken without reason.
IRS SafeRoads challenges are handled virtually across Alberta. This allows us to conduct defences from our centralized offices in Calgary or Edmonton. You do not need a lawyer in your jurisdiction.
Immediate Roadside Sanction Investigations
When a police officer thinks someone might be driving while impaired, they will look for signs like slurred speech, the smell of alcohol, and/or red eyes, among other factors.
The officer may then ask you to take roadside sobriety tests, like walking in a straight line or following their pen with your eyes from side to side.
Next, they could use a breathalyzer to check your breath. If the results show that you have enough alcohol in your system, they could give you an IRS right away.
After that, you could be taken to a police station for a more accurate breath test. If you are additionally charged with a criminal offence of impaired driving, this test could be also used as evidence in court.
The officers would also write down and record everything they saw and heard, as well as everything you said, from the beginning to the end of the process.
Testimonials
I have to say, I’m lucky because I met Metaya Selders in this law company. For some unbelievable reasons, I got into a defensive trouble, she’s so patient and friendly, finally, she helped me resolved this problem for me. She’s professional lawyer!!!! Every one can trust her!!!
Q.G.
Shervin went far and beyond to help me, he was very professional and was able to help me understand everything I needed to know about my case.
S.F.
We cannot express enough gratitude to Michael Oykhman and Mateya for their incredible assistance in resolving an IRS penalty case. After thoroughly researching attorneys in Calgary, we felt the most confident proceeding with them, and all our expectations were exceeded. From the very first consultation to the resolution of our case, they demonstrated professionalism, compassion, and an incredible attention to detail. Their communication with us was outstanding—they kept us informed every step of the way and ensured we fully understood the process, which gave us so much peace of mind during a very stressful time.
Thanks to their expertise, dedication, and tireless efforts, the IRS case was completely dismissed—a result we didn’t dare dream could happen but are so thankful to have achieved!
We are beyond thankful for their hard work and commitment. If you are in a similar predicament, please reach out to Michael and Mateya. We cannot recommend them enough!
Most of the time, no, you can’t drive because you lose your driver’s license right away when you get an Immediate Roadside Sanction. For an IRS: FAIL (over 0.08 blood alcohol), your license will be suspended for 90 days. For a first IRS: WARN (0.05–0.079), it’s three days before you can drive again. Driving while your license is suspended is a separate, serious crime, that can lead to your car being impounded, more fines, and longer suspensions.
The cost of an IRS goes beyond the first fine. If you get an IRS: FAIL, you’ll have to pay a $1,000 fine from the province and about $230 to get your license back. It will also cost about $120 to tow your car and $30 to $60 a day in storage fees. The required ignition interlock program costs about $95 to set up and $95 a month for monitoring. The required education program also costs about $500 more. Your insurance premiums will also likely increase which could cost you thousands of dollars.
You can appeal an IRS, but you need to do it quickly. You have seven days from the time you get the sanction to appeal to SafeRoads Alberta. This appeal costs $150 to file and will be done as a written review instead of a hearing in person. We can help you find the best arguments for your case. If your appeal is successful, the sanctions you received may be dropped and the money you paid in fines may be returned. However if you are also facing criminal charges, those will go to criminal court no matter what happens with your IRS appeal.
An Immediate Roadside Sanction is an administrative penalty, not a criminal charge, so it won’t go on your criminal record. However, in serious cases, like when someone has a high blood alcohol level, gets into an accident, gets hurt, or repeats the same offence more than once, the police could also file criminal charges along with the IRS. Then if you are found guilty of these separate criminal charges, you will have a criminal record.
Even if you don’t have any criminal charges, the IRS will still show on your driver’s abstract, which can be viewed by insurance companies, and potentially by employers for jobs that involve driving.
