A driver may receive an Immediate Roadside Sanction Fail (“IRS: Fail”) from a peace officer if the peace officer has reasonable grounds to believe the individual was operating a vehicle while their ability to do so was impaired by alcohol, drugs, or a combination of both, or where the driver’s blood or alcohol and/or drug concentration is over the legal limit. A driver can also receive an IRS: Fail if they refuse to comply with a demand from a peace officer to provide a sample of breath for analysis of alcohol, a blood or urine test for analysis of a drug, and/or where the driver refuses to partake in a physical coordination test.
An IRS: Fail results in a Notice of Administrative Penalty (NAP), which results in penalties for the driver that take effect upon issuance of the NAP. The recipient of the NAP has 7 days to file a review of the IRS.
The lawyers at DDSG Criminal Law have significant experience representing individuals who have received a Notice of Administrative Penalty in front of the SafeRoads Alberta Tribunal.
Punishment for Immediate Roadside Sanctions
The punishments for an IRS escalate depending on whether it is the driver’s first, second, third, or more contravention. The punishments outlined below do not apply for commercial drivers.
There are also ancillary consequences for an IRS:
- If you choose to use an Ignition Interlock after the mandatory 90-day license suspension, there is a cost to installing and maintaining the Ignition Interlock.
- The cost of removing the Ignition Interlock once the suspension is over.
- Impound and tow fees for the seized vehicle.
- Cost of the course required for license reinstatement.
- The cost of reinstating one’s license.
- Increase in car insurance premiums.
