Alberta’s IRS program can result in an immediate roadside licence suspension and significant ongoing financial penalties based on the observations of a police officer.

The IRS lawyers at Strategic Criminal Defence can challenge these administrative penalties through SafeRoads Alberta, but we only have a 7-day window in which to act.

Over the past decade, we have defended many of these cases, earning the following accolades:

  • Over 140 5-star Google Reviews.
  • Consumer Choice Award (2025, 2026).
  • BBB A+ rating.

Simply paying the fine and accepting the penalty is rarely the best option.

Here’s what to do if you face a roadside sanction in Edmonton:

  • Don’t refuse the breath or drug demand: Refusal is a separate criminal offence under s.320.15 of the Criminal Code.
  • Request a second test immediately: You have the right to a second roadside breath test to confirm the result. Police are required to advise you of this right.
  • Contact a lawyer within 24 hours: You have only 7 days from the date on your Notice of Administrative Penalty to file a dispute through SafeRoads Alberta.
  • Document everything you can remember: Pass the details to your lawyer to follow up on your behalf.

Contact us for a free, no-obligation consultation.

Testimonials

“Best-case scenario”

“Ellen Sutherland is an incredible lawyer. Her legal advice was precise and delivered to me in a manner that was easily understood. She helped me reach a decision for an IRS that was the best-case scenario for me.”

P.B.

“Deserves more than 5 stars”

“Ahmed is the best, and I recommend him to anyone. I am very happy and grateful for his service and professionalism. I give him 5 stars but he deserves more than that!”

R.A.

What are the IRS penalties, and how could they affect you?

Alberta’s Immediate Roadside Sanctions program, introduced in December 2020 under the Traffic Safety Act and administered through SafeRoads Alberta, can result in the following penalties:

IRS TYPE ALCOHOL/DRUG CRITERIA LICENCE SUSPENSION VEHICLE SEIZURE BASE FINE
IRS:FAIL

BAC of .08 or over (or drug impairment).

Refusal to provide a sample as lawfully requested under section 320.27 or 320.28 of the Criminal Code.

 90 days (Immediate) 30 days $1,000
IRS:WARN BAC between 0.05 and 0.08. 3 days (Immediate) 3 days $300
IRS:24-HOUR Suspected alcohol or drug impairment. 24 hours (Immediate) 24 hours N/A
IRS:NOVICE Any alcohol or drugs (Zero tolerance). 30 days (Immediate) 7 days $200
IRS:COMMERCIAL Any alcohol or drugs (Zero tolerance). 3 days (Immediate) N/A $300

These are the default penalties for most first-time impaired offences. The penalties are more severe for repeat offenders.

The sanctions take effect immediately at the roadside. The onus is on you to request a review and establish grounds for cancellation, not on the police to prove you were impaired.

What could an immediate roadside sanction end up costing you?

The financial implications of roadside sanctions are far more serious than they first appear.

An IRS will show on your driver’s abstract and can be viewed by insurance companies, leading to major additional costs for several years, as well as many other hidden costs:

CATEGORY ITEM ESTIMATED COST (CAD) NOTES
Immediate Penalties Government Fine $1,200 $1,000 base fine + 20% victim fine surcharge.
Vehicle Seizure $200-$350 Varies by towing company and distance to impound.
Vehicle Storage (30 days) $900–$1,800 Based on $35-$50/day storage fees in Edmonton.
Impound Release Fee $35 Charged by the registry to get the release paperwork.
Licence Reinstatement 'Planning Ahead' Course $380-$400 Mandatory remedial education course.
Licence Reinstatement Fee $209 Standard Alberta alcohol-related registry fee.
Ignition Interlock Program (IIP) IIP Application Fee $63 Non-refundable application to Alberta Transportation.
Installation Fee $150-$250 Surcharge applies for push-start or luxury vehicles.
Monthly Rental (12 Months) $1,200-$1,400 Approx. $100-$115/month for the device lease.
Removal Fee $50-$100 Charged at the end of the 12-month term.
Insurance Impact (3-Year Period) Premium Increase Including High-Risk Surcharge $3,000-$5,000+ per year Per year for three years. Many drivers see rates triple or quadruple.
SafeRoads Alberta Appeal $150 Non-refundable government fee to request a review.
TOTAL $13,500-$21,000+ over three years!

When are criminal charges usually laid in Edmonton?

The police retain the discretion to lay criminal charges for impaired driving, over 80, or refusal. Aggravating factors make prosecution more likely, such as:

  • A very high blood alcohol concentration.
  • Damage to another vehicle.
  • Injuries to an accident victim.
  • Multiple repeat offences.
  • A child in the vehicle.

The IRS lawyers at Strategic Criminal Defence can:

  • Represent you at your administrative review hearing with SafeRoads Alberta to contest the roadside sanctions.
  • Represent you in court to contest the criminal charge for DUI or impaired driving.

Information gathered from the IRS appeal can often help us in building your criminal defence.

How will we challenge your immediate roadside sanctions?

A Strategic Criminal Defence lawyer will manage the entire appeal process for you by:

  1. Contacting SafeRoads Alberta: We have 7 calendar days (not business days!) from the receipt of the Notice of Administrative Penalty (NAP).
  2. Requesting an administrative review: So that we can argue the case in front of a case adjudicator.
  3. Preparing an oral review: This allows our lawyers to prepare both written and oral evidence to support your case.
  4. Representing you virtually: You do not need to travel to see us, as we can consult with you and attend your hearing by video conference from our Edmonton or Calgary office.

Why do we choose oral reviews?

Our lawyers almost always choose oral reviews because this allows us to:

  • Build on the written materials with a more comprehensive approach.
  • Contextualize, clarify details, and answer adjudicator questions.
  • Explain the nuances of our arguments, such as how the police failed to comply with the procedural protections that our clients are entitled to.
  • Clarify our arguments to newer adjudicators, who may be unfamiliar with the complexities.

What are the main defences in IRS cases?

Our lawyers will usually argue one of the following when challenging your roadside sanctions:

DEFENCE CATEGORY LEGAL/TECHNICAL BASIS EXAMPLES/KEY DETAILS
Improper testing procedure Technical invalidity Failure by the police officer to observe the 15-minute "deprivation period" (ensuring no burping, eating, or smoking) before the breath test.
Medical conditions Inaccurate readings

Diabetes/Ketoacidosis: Can produce acetone, mimicking alcohol.

GERD/Acid Reflux: Can bring stomach vapors into the mouth.
Physical inability Misinterpreted 'refusal' Respiratory issues (Asthma, COPD) may prevent a 'proper sample', which officers sometimes wrongly label as a criminal refusal.
No 'care or control' Factual defence Proving you had no intent to drive (e.g., sleeping in the car to stay safe or running the engine solely for heat while parked).
Charter rights violations Constitutional defence Violations of your right to be informed of the reason for detention or your right to speak with a lawyer (Right to Counsel).

What are the possible outcomes of your IRS review?

There are no guarantees when challenging immediate roadside sanctions in Edmonton.

What is certain is that if you do not file a review within seven days, the sanctions will take effect without any opportunity to challenge them.

There are only two possible outcomes of reviews. Adjudicators can: 

  1. Cancel the sanction, or
  2. Uphold the sanction.

The penalties cannot be made worse, so there are few practical reasons not to challenge the IRS.

You should receive a decision within 30 days. By contacting a Strategic Criminal Defence lawyer within 24 hours and locking in an early hearing date, you can reduce waiting times and, if successful, reduce your licence suspension.

FAQs

If you lose your review with SafeRoads Alberta, you can file for a judicial review at the Court of King’s Bench, requesting that a judge overturn the adjudicator’s decision because of a legal or procedural error. If you have grounds to request this, we will obtain the “record” (the evidence and the audio of your hearing) and submit this to the Court with the necessary forms.

There is a process to file for a late review, but it is an uphill battle that is generally unsuccessful, despite a significant investment of time, energy, and resources. The best way to avoid this issue is to decide to review in the first seven days and lock in the appeal date through your lawyer.

A Notice of Administrative Penalty (NAP) is the document the police issue at the roadside when imposing an IRS. It sets out the sanctions applied, triggers the licence suspension immediately, and starts the 7-day window to file a dispute through SafeRoads Alberta.

We rarely ask clients to testify in person in front of an adjudicator, as they may say something detrimental to their case due to nerves. We generally compile a comprehensive written statement on their behalf and a recording of an in-depth consultation, and forward this to the adjudicator. This approach allows us to present your case comprehensively and accurately, with the strongest relevant arguments clearly set out for the adjudicator.

No, not without a reasonable excuse. Refusing a lawful demand made under s.320.27 or s.320.28 of the Criminal Code is a criminal offence under s.320.15, carrying the same penalties as impaired driving. It’s generally best to comply with the demand and challenge the result afterward with your lawyer, though sometimes we can argue in our submission to the adjudicator that you had a reasonable explanation for not providing a breath sample or complying with the demand.

An IRS:FAIL results in an immediate 90-day absolute suspension, during which you cannot drive under any circumstances. This is followed by a 12-month period during which you may only drive a vehicle equipped with an Ignition Interlock device. Total licence restrictions can therefore extend to 15 months for a first offence. Driving while suspended is a separate offence under the Traffic Safety Act.

Yes. Body camera footage forms part of the Crown’s disclosure, and your lawyer is entitled to request it. It can be valuable evidence, confirming what was said at the roadside, how the demand was made, and whether proper procedure was followed. However, in Edmonton, the likelihood of body cam footage being available is lower than in Calgary, which has been an “early adopter” of mandatory requirements for law enforcement to activate their cameras during traffic stops.

Your IRS and criminal proceedings are handled completely separately from each other. Decisions made by the Edmonton criminal courts have no bearing on your provincial licence suspension, and vice versa.

Get help with appealing immediate roadside sanctions in Edmonton

You cannot make your situation any worse by requesting a review of your sanctions. We will guide you through the process, explaining what’s happening and what to expect at each stage.

If you’ve received an IRS in Edmonton, a Strategic Criminal Defence lawyer will:

  • File the necessary paperwork to request a review within the first 7 days of receipt of the NAP.
  • Review your case to find the strongest relevant arguments to challenge your roadside suspension.
  • Gather key evidence, such as police reports, breathalyzer maintenance records, and video footage, to highlight procedural errors, Charter rights violations, etc.
  • Present your case with written and oral submissions at your review

Our deep understanding of how SafeRoads adjudicators in Edmonton approach these cases helps us work to protect your driving privileges and avoid the financial consequences of sanctions.

Contact us for a free, no-obligation consultation.

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 26, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410