Updated: October 20, 2026
Legally Reviewed by Alan Pearse
You’re picking up your kid from school when the officer pulls you into the lot, and within minutes, they have your licence and ask for your keys. You weren’t drinking, not really, just one beer with lunch, but the officer said your roadside test came back showing you’re over the limit. Now your kid is watching from the back seat, and you’re trying to figure out how you’re both getting home. Alan Pearse understands how fast a routine stop can turn into a real problem, and he can help you understand what this penalty actually means and what you can still do about it.
What Is an Immediate Roadside Sanction (IRS) in Calgary?
An IRS is a penalty that the government of Alberta imposes on the spot: it suspends the driver’s licence and may lead to the seizure of the vehicle they were driving, separate from any decision a criminal court makes. A police officer can issue one based on roadside alcohol testing, drug testing, a drug recognition evaluation, or a refusal to comply with a testing demand, and it takes effect immediately.
How Is an IRS Different from a Criminal Charge?
The officer records the suspension and seizure on a Notice of Administrative Penalty. A separate criminal charge may still follow, but the IRS penalty is often resolved before that charge reaches court.
How Do Alberta’s IRS Penalties Escalate with Each Occurrence?
WARN Penalties
A WARN result reflects a lower blood alcohol reading or failed sobriety test, but the penalties still escalate quickly:
- First occurrence—carries an immediate 3-day licence suspension, a 3-day vehicle seizure, and a $300 fine plus a 20% surcharge;
- Second occurrence—carries a 15-day suspension, a 7-day seizure, a $600 fine plus surcharge, and a mandatory remedial course; and
- Third occurrence—carries a 30-day suspension, a 7-day seizure, a $1,200 fine plus surcharge, and the IMPACT Program.
Each incident stays on your record, so these penalties can add up, even if it’s been years between them.
FAIL Penalties
A FAIL sanction, whether from a breath test, an oral fluid screen, or a drug recognition evaluation, moves into a different category:
- A first occurrence. This carries a 90-day period during which you cannot legally drive at all, followed by a further 12-month licence suspension eligible for the Ignition Interlock Program, a 30-day vehicle seizure, and a $1,000 fine plus surcharge.
- A second occurrence. This carries the same 90-day absolute period, followed by a further 36-month suspension, a 30-day seizure, a $2,000 fine plus surcharge, and the IMPACT Program.
- A third occurrence. This carries the same 90-day absolute period, followed by a further lifetime suspension, with reinstatement possible after 10 years, plus the same seizure and fine.
A FAIL result carries far higher stakes than a WARN result at every level.
What Does the Vehicle Seizure Cost, and Who Pays It?
Most explanations of vehicle seizure stop at the driver, but Alberta holds the registered owner responsible for every seizure cost. A parent who lends a car, or an employer with a company vehicle, can end up covering those charges without ever driving. The Seizure Notice lists the tow lot and the seizure length set out above. The lot releases the vehicle once that period ends and the towing and storage costs are paid.
What Does the Ignition Interlock Program Actually Require?
Reaching the interlock stage of a FAIL suspension has its own costs. Installing and removing the device is free for a standard vehicle. Still, the driver pays $63 to apply, plus a registry agent fee and $98 plus GST a month to rent it. You must also obtain a restricted licence before driving with the device.
What Does It Take to Get an IRS Notice Cancelled?
You can ask an independent reviewer at SafeRoads Alberta to cancel the Notice of Administrative Penalty. That reviewer can confirm the officer’s decision or overturn it. A review has to attack the facts behind the notice or how the officer followed the process, such as whether the equipment was used correctly, not the consequences you’ve faced due to the
notice itself. Here is how the process works:
- You can apply through the SafeRoads Alberta portal or through a participating registry agent within seven days of the notice, or lose the chance to request a review.
- The application costs a non-refundable $150, regardless of the outcome.
SafeRoads Alberta then schedules the review by phone, video call, or in writing. A phone or video review is capped at 30 minutes, and the reviewer makes their decision after your hearing. A written review skips the call or video and relies solely on the documents. Either way, a written decision follows within 30 days of the original notice.
Why Choose Alan Pearse for Your Immediate Roadside Sanction (IRS) Review?
Over the past 26 years, Mr. Pearse has taken on more than 2,000 impaired driving cases in courts across Canada. He has developed such extensive knowledge that he has authored a book about breathalyzer certificates and frequently gives lectures on DUI law to lawyers and students. The Canadian Bar Association consults him directly on impaired driving policy, and he has authored position papers on the subject, the kind of recognition that comes only after years of arguing the same issue again and again, not from a general practice that takes on a case like this once in a while.
Your Case Will Be His Case. Call Today
Mr. Pearse does not pass his cases off to other attorneys. If you hire him, you get him, from start to finish. Reach out as soon as you have an IRS or an impaired driving charge so he can provide you with the assistance you need immediately.
