Strategic Criminal Defence lawyers have the necessary in-depth DUI knowledge and experience to help you dispute your administrative penalties, which include:

  • An immediate driving suspension.
  • Vehicle impoundment.
  • A significant fine.
  • Other financial consequences.

We have over 700 5-star Google reviews, having defended over 10,000 cases across Canada in the past two decades.

We have received Consumer Choice Awards (2025/26), and our lead lawyer has been ranked as one of the Three Best Rated Criminal Defence lawyers in Calgary for eight consecutive years.

Don’t delay, or you’ll waive your appeal rights

You have a strict 7-day deadline to apply for a review through SafeRoads Alberta. Failure to act within this window results in a permanent loss of your right to appeal.

Contact us for a free, no-obligation consultation.

You just received an NAP in Calgary. What now?

  1. Don’t pay the fine: Paying the fine detailed in your Notice of Administrative Penalty is considered an admission of guilt.
  2. Contact an IRS lawyer immediately: Ideally, call us the same day to discuss the details of your case and begin work on your appeal.
  3. We will request an oral review: This must be sought within 7 days of the issue date with SafeRoads Alberta.
  4. Follow our instructions: We’ll prepare your appeal and present your case to try to overturn your suspension and other immediate roadside sanctions.

“Everything happens very, very quickly from the date that a driver is issued the Notice of Administrative Penalty. You only have seven days to tell SafeRoads Alberta that you want to challenge the suspension.”

Michael Oykhman, Senior Criminal Defence Lawyer

What is an NAP, and why should you dispute it?

Before 2020, if you registered a Blood Alcohol Concentration of “over 80” or were suspected of impaired driving, you would be subject to both criminal and administrative penalties.

Under the Provincial Administrative Penalties Act (PAPA), you now receive a Notice of Administrative Penalty at the roadside, served by a law enforcement officer and detailing immediate roadside sanctions rather than criminal penalties.

The NAP is a one-page form detailing:

  • The precise infraction you are charged with:
    • IRS: 24-Hour
    • IRS: Novice
    • IRS: Commercial
    • IRS: Warn
    • IRS: Fail
  • The length of your licence suspension and vehicle impoundment.
  • How to request a review of (appeal) the administrative penalty

Although you usually escape a criminal record under the NAP system, simply paying the fine is rarely your best option.

A glance at the penalties shows you that the consequences are not insignificant, even for a first offence:

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 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

Base fines are subject to victim surcharges. Subsequent offences attract more severe penalties. For instance, a second IRS: Fail offence within 10 years attracts a licence suspension of 18 months.

While the lack of a criminal record is a welcome ‘break’ for some people, you can still be charged later with a criminal offence. The lack of judicial oversight in the roadside sanction process can also be alarming for motorists.

Can you be charged criminally after receiving an NAP?

In some cases where aggravating factors are present, the Calgary Police Service can lay criminal charges on top of the penalties. These must be answered separately in the Alberta Court of Justice.

Typical examples of where criminal charges may be laid include:

  • A very high blood alcohol concentration.
  • An injured (or deceased) party.
  • Damage to another vehicle.
  • A track record of similar offences.

If criminal charges follow your Notice of Administrative Penalty, your Strategic Criminal Defence lawyer will work to build a defence to prevent the severe consequences of criminal penalties.

“Unlike criminal cases, where you’re presumed innocent until proven guilty, when you receive a notice of administrative penalty, you’re already deemed guilty. You’ve been issued your penalty, are already serving it: the fine is already imposed and due, the suspension already started, and the vehicle is already towed and in the lot for 30 days. The only way to overcome these penalties is to challenge them through the Administrative Review process.”

Michael Oykhman, Senior Criminal Defence Lawyer

What are the total costs involved with an NAP?

Although the fines may not concern you at first glance, an array of hidden costs soon add up if you don’t challenge (and successfully appeal) your administrative penalty. The insurance “hit” can be particularly severe.

A roadside FAIL can lead to the following financial burden for a first-time offence:

CATEGORY ITEM ESTIMATED COST (CAD)
Immediate Penalties Government Fine Including Victim Surcharge $1,200
Vehicle Seizure $200-$350
Vehicle Storage (30 days) $1,050-$1,500
Impound Release Fee $35
Licence Reinstatement 'Planning Ahead' Course $380-$400
Licence Reinstatement Fee $209
Ignition Interlock Program (IIP) IIP Application Fee $63
Installation Fee $150-$250
Monthly Rental (12 Months) $1,200-$1,400
Removal Fee $50-$100
Insurance Impact (3-Year Period) Premium Increase Including High-Risk Surcharge $3,000-$5,000
SafeRoads Alberta Appeal $150
TOTAL $6,500-$25,000+ over three years!

How will we appeal your Notice of Administrative Penalty?

Roadside sanctions bypass the criminal justice system, meaning that the only way to retain your driving privileges is to appeal the NAP with SafeRoads Alberta.

To have your Notice of Administrative Penalty reviewed, we will:

  1. Contact SafeRoads Alberta within 7 calendar days (not business days!) of receipt of the NAP.
  2. Request an oral administrative review to argue your case to an adjudicator with both written and oral evidence.
  3. Present our defence by video link from our Calgary office.

Why do we select oral reviews?

There are several advantages to oral reviews:

  • Oral arguments build on the written materials we present.
  • We can contextualize, clarify details, and answer adjudicator questions.
  • Oral reviews are more comprehensive, especially for new adjudicators who may be unfamiliar with the complexities of our arguments.

What are the main defences when disputing your NAP?

After an initial consultation to understand the details of your case, we will decide on the best defence to dispute your Notice of Administrative Penalty, which might include:

  • The invalidity of the Notice of Administrative Penalty: Was the NAP served on you valid, i.e., was the identification, date, and specific offence information correct?
  • No proper disclosure: Did SafeRoads Alberta provide relevant records relating to the circumstances of the issuance of the NAP?
  • No roadside appeal or second test: A failure to inform you of your right to a voluntary second test (or to meaningfully administer it).
  • Insufficient evidence: Is there enough evidence to demonstrate your impairment?
  • Improper testing: Did the police officer administer the test properly, e.g., observing the 15 to 20-minute deprivation period?
  • Medical condition: Certain medical conditions can produce acetone, which mimics alcohol, or prevent a breath sample from being taken entirely.
  • No care or control: You had no intent to drive the vehicle and were only in the driver’s seat to sleep or keep warm.

“The conduct of the police and whether your rights were violated is often the first place we look. Did the police implement the roadside appeal process correctly? Did they comply with the procedural protections afforded to every driver? Many defences have nothing to do with whether you’d consumed alcohol. We’re often surprised how commonly the police fail to provide a sufficient record of what happened during the investigation.”

Michael Oykhman, Senior Criminal Defence Lawyer

Our recent successful NAP appeals

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Our client was issued a Notice of Administrative Penalty (NAP) for failing or refusing to comply with a demand after they were pulled over for a traffic stop.

Upon being retained, we reviewed the evidence provided by the police officer, as well as the physical paperwork provided to our client. We noted that the officer stated a roadside appeal was not offered because the client was unable to provide “a sufficient sample on the first breathalyzer device.”  Although our client was unable to provide a first sample, we argued that this did not preclude the officer from providing our client with the right to a roadside appeal, or second test. The adjudicator found that the officer obscured and undermined our client’s right to an appeal by failing to afford them this opportunity, and therefore, our client’s penalty was cancelled.

Successful Result: IRS: Fail Cancelled.

Case Number: 55A32435

Our client was pulled over for speeding. They were then issued a Notice of Administrative Penalty (NAP) for operating a motor vehicle while their blood alcohol concentration was equal to or over 80mg% within 2 hours of operation.

Upon being retained, we reviewed the evidence provided by the issuing police officers. We immediately noted a lack of proper procedure followed by the officers, which infringed upon our client’s statutory rights. We argued that there was an overarching duty to inform our client of their right to a voluntary roadside appeal and that this awareness must come before our client either agreed or declined to provide a second sample of breath. The adjudicator agreed with us and found that our client was unaware that providing a second sample of breath was voluntary at this critical time. This led to the adjudicator deciding in our favour and cancelling our client’s NAP.

Successful Result: IRS FAIL Cancelled, No Suspension.

Our client was issued a Notice of Administrative Penalty (NAP) for operating a motor vehicle while their ability to do so was impaired by alcohol, and within 2 hours after ceasing to operate a motor vehicle having a blood alcohol concentration equal to or exceeding 80 mg of alcohol in 100 ml of blood, after they were pulled over for a traffic stop.

Following a review of the evidence provided by the police officer, we noticed there was no copy of the NAP uploaded to the SafeRoads Alberta portal. This document is mandated by legislation to be provided, and failure to do so is a clear ground for cancellation of the NAP. As a result, the adjudicator determined that the proper records were not provided, and our client’s penalty must be cancelled.

Successful Result: IRS: Fail Cancelled.

Case Number: 9255461

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.

Case Number: 55332408

Our client received a Notice of Administrative Penalty (NAP) for operating a motor vehicle while impaired by drugs. The incident occurred when our client was observed drifting across all lanes of a busy highway. Although the officer initially suspected alcohol impairment and demanded a breath sample using an approved screening device (ASD), no alcohol impairment was detected. However, due to suspicions of drug impairment, a standardized field sobriety test was conducted, leading to our client’s arrest for impaired driving. Subsequently, during a search of her purse, Xanax and cocaine were discovered. Our client was then taken to the police station, where a Drug Recognition Expert (DRE) confirmed drug impairment.

Upon being retained, we conducted a comprehensive review of all relevant documents and argued that the police had not followed proper procedure, particularly in failing to inform our client of her right to a roadside appeal. It was a tough case because drugs were found on our client, and a DRE confirmed the impairment. However, as a result of our argument, the adjudicator decided in favour of our client, leading to the cancellation of the NAP.

Successful Result: IRS FAIL Cancelled, No Suspension

Case Number: 55342520

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 that 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.

Case Number: 9245473

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.

Testimonials

Dedicated NAP dispute lawyers at Strategic Criminal Defence

The lawyers at Strategic Criminal Defence in Calgary can all help you dispute a Notice of Administrative Penalty. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

In these cases, unlike criminal cases or even traffic tickets, there are no prosecutors or officers to talk to and no one to negotiate or plea bargain with. The only options you have are to either fight it or not fight it. If you do fight it, the adjudicators have only two options available: cancel everything or uphold everything.  The Strategic Criminal Defence team doesn’t win every case, but our team has successfully defended hundreds of these cases.

The decision from your review hearing is generally announced within 30 days. When the arguments are particularly clear and convincing, it is possible to receive notice of an adjudicator’s decision on the hearing day itself, but this is very rare.

If your appeal is successful, the sanctions against you will be dropped, and any money you paid in fines will be returned.  Note that you could still face criminal charges, which will remain in place even if you win the NAP dispute. The criminal and administrative processes operate completely independently of each other.

If you have already lost your NAP dispute with SafeRoads Alberta, you can either accept the suspension and other sanctions or file for a judicial review at the Court of King’s Bench. This requests that the SafeRoads Adjudicator’s decision be overturned because of a legal or procedural error. The lawyers at Strategic Criminal Defence can help you file the appropriate forms and obtain the Record of Proceedings, which is necessary in such cases.

An experienced DUI or IRS lawyer can help you dispute a Notice of Administrative Penalty. In preparation for the hearing, your lawyers will review police actions and the evidence against you, prepare the arguments (oral and written) for your review hearing, and assemble evidence to support your arguments. Then, we will argue before SafeRoads on your behalf that your licence suspension should be cancelled.

No, generally not. We rarely have our clients testify in person in front of an adjudicator, as they may say something detrimental to their case due to nerves. Instead, we usually forward to the adjudicator a recording of an in-depth consultation with our client. We also use the recording to compile a comprehensive written statement on their behalf.  This allows us to be detailed but also to ‘control the narrative’ with adjudicators.

We have successfully defended cases where factually innocent drivers are issued an IRS for failing or refusing to comply with the demand, even if they hadn’t had a sip of alcohol. If this happens to you, immediately go to the nearest hospital or medical center and ask for a sample of your blood to prove that you had no alcohol in your system. We will use this evidence in your administrative review.

There is a process to file for a late review, but it is an uphill battle that may be 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. That said, we have obtained the right to proceed with a review even after our clients missed the deadline by several days: see our successful case results for disputing a Notice of Administration/IRS penalty.

If you receive a Notice of Administrative Penalty, a lawyer from Strategic Criminal Defence 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, rights violations, forensic errors, etc.
  • Guide you through the process, explaining what’s happening and what to expect at each stage.

“Adjudicators cannot make it any worse than it already is, but the outcome could get significantly better. The worst thing an adjudicator can do if you fight your sanctions is say, ‘Nice try! But please continue serving the sentence that you’re already well on your way to completing.”

Michael Oykhman, Senior Criminal Defence Lawyer

Although the appeal window is seven days, it’s best to seek legal help within the first 48 hours to dispute the penalty.

If you’ve received a Notice of Administrative Penalty in Calgary:

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 4, 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