Alberta's Admin DUI Regime: IRS Penalties & SafeRoads Alberta

At the end of 2020, the Alberta Government established Saferoads Alberta to deal with Administrative Penalties for Impaired Driving rather than Criminal Code charges for Impaired Driving Matters. These matters are quite intricate and time-sensitive.

The Penalties and Their Implications

1. IRS (Immediate Roadside Sanction): FAIL

This type of Administrative Penalty is given when a driver's blood alcohol concentration (BAC) exceeds 80mg per 100ml of blood, when a driver shows signs of impairment, fails a field sobriety test, or refuses to provide a sample to police.

1st Occurrence

• 90-day driver’s licence suspension, followed by a 12-month participation in the Alberta Ignition Interlock Program

• 30-day vehicle seizure

• Planning Ahead Course (1 day)

• $1,000 fine plus victim fine surcharge

2nd Occurrence

• 90-day driver’s licence suspension, followed by a 36-month participation in the Alberta Ignition Interlock Program

• 30-day vehicle seizure

• Impact Course (2 days)

• $2,000 fine plus victim fine surcharge

• Charged under the Criminal Code (Canada)

3rd and Subsequent Occurrences

• 90-day driver’s licence suspension, followed by a lifetime participation in the Alberta Ignition Interlock Program

• 30-day vehicle seizure

• $2,000 fine plus victim fine surcharge

• Charged under the Criminal Code (Canada)

2. IRS (Immediate Roadside Sanction): WARN

This type of Administrative Penalty is given when a driver's blood alcohol concentration (BAC) is between 50-79mg per 100ml of blood.

1st Occurrence

• 3-day driver’s licence suspension

• 3-day vehicle seizure

• $300 fine plus victim fine surcharge

2nd Occurrence

• 15-day driver’s licence suspension

• 7-day vehicle seizure

• Crossroads Course (1/2 day)

• $600 fine plus victim fine surcharge

3rd and Subsequent Occurrences

• 30-day driver’s licence suspension

• 7-day vehicle seizure

• Impact Course (2 days)

• $1,200 fine plus victim fine surcharge

3. IRS (Immediate Roadside Sanction): 24-HOUR

This type of Administrative Penalty is given to drivers suspected of impairment due to substance use or a medical condition.

1st and Subsequent Occurrences

• 24-hour driver’s licence suspension

• 24-hour vehicle seizure (police discretion)

4. IRS (Immediate Roadside Sanction): COMMERCIAL

This type of Administrative Penalty is given to commercial drivers with any alcohol or drugs in their system while operating a vehicle.

1st Occurrence

• 3-day driver’s licence suspension

• $300 fine plus victim fine surcharge

2nd Occurrence

• 15-day driver’s licence suspension

• $600 fine plus victim fine surcharge

3rd and Subsequent Occurrences

• 30-day driver’s licence suspension

• $1,200 fine plus victim fine surcharge

  
  

5. IRS (Immediate Roadside Sanction): NOVICE

This type of Administrative Penalty is given to drivers operating under a Class 7 Learners Licence or probationary drivers found with any drugs or alochol in their system.

1st and Subsequent Occurrences

• 30-day driver’s licence suspension

• 7-day vehicle seizure

• $200 fine plus victim fine surcharge

Why These Are Time Sensitive

IRS penalties must be disputed within 7 days from the date that the Penalties are issued. This means that you must pay the review fee and apply to have your review heard at a later date. These reviews can be written or oral in nature.

Conclusion

As these Administrative Penalties can be financially straining, limit your ability to drive, and impact your insurance greatly, it's important to reach out AS SOON AS POSSIBLE to a lawyer experienced with these matters. Our lawyers have had great success with Saferoads Matters, including having decisions where the decision-maker further clarified previous rulings. Contact us Today for a Free Consultation!