Immediate Roadside Suspension (IRS) and Administrative Penalty in Alberta: Understanding Your Rights and Options

Driving under the influence (DUI) is a serious offense in Alberta, and the province has implemented strict measures to deter impaired driving. One such measure is the Immediate Roadside Suspension (IRS) coupled with an Administrative Penalty (AP). Understanding these measures, how they are enforced, and the options available for challenging them can be crucial if you find yourself facing a DUI charge.

What is Immediate Roadside Suspension (IRS)?

Immediate Roadside Suspension (IRS) (Driver's Licence Suspension) is a sanction imposed on drivers caught with a Blood Alcohol Concentration (BAC) over the legal limit, under the influence of drugs, or who fail or refuse a breathalyzer test. The suspension is effective immediately upon being caught, hence the term "immediate." The main types of IRS in Alberta include:

IRS: 24-hour Suspension - For those suspected of being under the influence of drugs or alcohol or having a medical or physical condition that affects the driver's mental ability. This suspension can be given even if you are within the legal limit. If you receive a 24-hour driver's licence suspension for medical reasons, you may have your file reviewed by Driver Fitness and Monitoring to determine your fitness to drive.

IRS: WARN - Issued when a driver's BAC is between 0.05 and 0.079. Penalties typically involve a suspension ranging from 3 to 30 days, along with a fine which depends on whether it is your first, second, or third or subsequent offence.

IRS: FAIL - Imposed when a driver’s BAC is 0.08 or higher, you fail drug recognition tests, or you fail or refuse drug and alcohol testing. This leads to a 90-day immediate license suspension, followed by an additional 12-month period (or more if it is your second or subsequent offence) with conditions, such as using an Ignition Interlock device.

IRS Zero: Novice - There is zero tolerance for alcohol and drugs for novice drivers who hold a Class 7 learner's licence or a Class 5-GDL licence. The licence suspension period is 30 days and a fine is issued.

IRS Zero: Commercial - There is zero tolerance for alcohol and drugs for operators driving a commercial vehicle. Penalties typically involve a suspension ranging from 3 to 30 days, along with a fine which depends on whether it is your first, second, or third or subsequent offence.

What is an Administrative Penalty (AP)?

The Immediate Roadside Suspension (IRS) is an administrative penalty. In addition to the IRS, there are often fines, vehicle seizures, and mandatory participation in education programs or treatment. Since these penalties are administrative rather than criminal, they are handled outside of the court system and aim to address and correct the behavior quickly. This means receiving an administrative penalty does not give you a criminal record. However, it is possible receive both an administrative penalty and criminal charges under the Criminal Code of Canada. Criminal charges are outside the scope of this article.

If you believe that the IRS or AP issued against you is unjust or that there was an error in the process, you have the right to request a review. Here's how you can do it:

How to Request a Review of an IRS or other AP including vehicle seizure?

1. Submit a Request for Review: The review must be requested through Alberta's SafeRoads portal within 7 days of receiving the notice of suspension or penalty. Failing to meet this deadline typically means losing the right to a review.

2. Pay the Application Fee: An application fee is required when submitting your review request. This fee is non-refundable, regardless of the outcome of the review.

3. Prepare Your Evidence: When requesting a review, you should gather all relevant evidence to support your case. This could include witness statements, video footage, or any other documentation that may cast doubt on the validity of the roadside test or the behavior of the officers involved. Evidence must be provided within the given time period.

4. Attend the Review Hearing: The hearing is usually conducted online or over the phone, allowing you to present your case to an adjudicator. You may have a lawyer represent you during the review process.

To successfully challenge an IRS or AP, you must demonstrate valid grounds for cancellation. Some of the common grounds include:

Grounds to Cancel the Penalty

Faulty Breathalyzer or Drug Test: If you believe the equipment used to measure your BAC or drug levels was malfunctioning or not properly calibrated, this could be grounds for cancellation. Expert testimony or evidence of faulty equipment maintenance may be required.

Improper Procedure by Law Enforcement: Officers are required to follow strict procedures during roadside checks. If they fail to follow these protocols—such as failing to inform you of your right to a second breath test or not having reasonable suspicion of impairment—this may be grounds for the penalty to be canceled.

Medical Conditions: Certain medical conditions or medications can affect breathalyzer test results. If you can provide medical evidence that your health condition influenced the test result, this may be a valid ground for review.

Proof of Not Driving: If you can demonstrate that you were not actually driving or in control of the vehicle when the police administered the test (for example, if you were parked safely off the road), this could be grounds for canceling the IRS or AP.

Refusal Due to Language Barriers or Lack of Understanding: If you were unable to understand the instructions due to a language barrier or other communication issues, this could be grounds for cancellation.

Conclusion

Facing an Immediate Roadside Suspension and Administrative Penalty in Alberta can be a daunting experience, but it's important to know that you have rights and options. If you believe the penalty is unjust, you can challenge it through the SafeRoads review process. Being well-informed, gathering strong evidence, and seeking legal counsel can significantly increase your chances of successfully having the penalty overturned.

If you find yourself in this situation, it's advisable to consult with a lawyer to navigate the complexities of the process effectively. By understanding your rights and the grounds on which you can challenge these penalties, you stand a better chance of protecting your driving record and avoiding severe consequences. Contact Stem Law Office today for a consultation.