Liberty Law Blog

Updated September 16, 2026

On December 1st, 2020, Immediate Roadside Sanctions (IRSs) were introduced. IRSs are legislated through the Traffic Safety Act, and they are adjudicated through SafeRoads Alberta. 

Section 88.1(1) of the Traffic Safety Act requires peace officers to confiscate and suspend your driver’s license where they have reasonable probable grounds to believe:

• that a person operated a motor vehicle while the person’s ability to operate the motor vehicle was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
• that a person has within 2 hours after ceasing to operate a motor vehicle a blood alcohol concentration that is equal to or exceeds 80 milligrams of alcohol in 100 millilitres of blood;
• that a person has within 2 hours after ceasing to operate a motor vehicle a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada);
• that a person has within 2 hours after ceasing to operate a motor vehicle a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada) 
• that a person, knowing that a demand has been made, failed or refused, without a reasonable excuse, to comply with a demand made on the person under section 320.27 or 320.28 of the Criminal Code (Canada).

If you receive an IRS, a provincial license suspension is imposed immediately. For a first occurrence, your provincial license suspension is for a full 15 months, with the ability to apply for the Ignition Interlock Program after an initial 90-day waiting period. For a second occurrence, your provincial license suspension is for a full 39 months, with the ability to apply for the Ignition Interlock Program after an initial 90-day waiting period. For a third and subsequent offence, your provincial license suspension is for life, with the ability to apply for the Ignition Interlock Program after an initial 90-day waiting period. An ignition interlock is often referred to as a blow box, and it prevents your vehicle from starting if it detects a breath alcohol concentration over the pre-set limit. If you are accepted into the program, you will only be allowed to operate your vehicle which will be equipped with the device. Once you receive an IRS your vehicle will be seized for 30 days. You will also be subject to a fine of $1200 for a first offence and $2400 for each subsequent offence and you will have 90 days to pay the fine. You will also have to complete a driving course before your license will be re-instated. 

You can and should apply to appeal your IRS. You must request to do so within 7 days. This is done on the SafeRoads Alberta portal. You can log into this portal with the Contravention number that is provided on the paperwork you receive for the IRS. Requesting a review costs $150.00 and must be paid on the SafeRoads portal at the time you request the review. If you are contemplating hiring a lawyer to conduct your review, we highly recommend letting the lawyer file the review request as they can book the review with their schedule. Once a review is requested it will be scheduled within 21 days of the date the IRS was issued, and you will get a written decision within 30 days of the date the IRS is issued. The IRS will either be confirmed or cancelled – those are the only two options. There is no ability to reduce the punishment or negotiate for a different punishment. You can be issued an IRS and charged criminally, but it is not required. You can be charged criminally and not be issued an IRS, or vice versa. If you are issued an IRS and charged criminally, those matters are dealt with separately – beating one does not automatically mean beating the other. Under this new regime, even if you are not convicted criminally, you still must suffer the provincial suspension if you are also issued an IRS, unless you also request a review of the IRS and successfully get it cancelled. Please contact our office and one of our lawyers can review your file and see what arguments you may be able to advance to fight your IRS. 

If you want to request a review but the 7-day deadline has already passed, you can request a late review, but these are very challenging arguments to make, and there are additional fees associated with them. Please contact our office and one of our lawyers will be able to discuss your circumstances with you and go over what your options are. 

There are two different means by which you are issued a driving suspension when you are charged with an impaired driving related offence: the Criminal Code of Canada and the Traffic Safety Act. The Criminal Code suspension occurs after a conviction has been entered (which happens after you’ve either pled guilty or been convicted after trial). This article focuses on suspensions under the Traffic Safety Act and how you can fight your license suspension right away.