Fall is here, bringing crisp nights, costumes, and a schedule packed with spooky celebrations. This time of year in Edmonton often means gathering with friends for parties and events. But as excitement builds, so does police vigilance. Law enforcement agencies, including the Edmonton Police Service, significantly increase the presence of DUI Checkstops and Mandatory Alcohol Screening (MAS) operations during Halloween celebrations.
While a fun night out is the plan, an encounter at a Checkstop can quickly escalate into a legal nightmare. One of these can be an immediate roadside sanction (IRS) penalty or something far worse, such as vehicle seizure and the risk of a criminal record. When you are pulled over, you need to understand that the system moves fast, and you must move faster.
The October Enforcement Reality in Alberta
Alberta utilizes a two-pronged approach to impaired driving: Immediate Roadside Sanctions (IRS) and their subsequent penalties and Criminal Code charges. It is critical to know the difference and understand the severity of both:
Immediate Roadside Sanctions (IRS)
An Immediate Roadside Sanction (IRS) is a series of administrative penalties issued under the provincial Traffic Safety Act. The police impose them at the roadside, and they are effective immediately. IRS penalties cover different blood alcohol concentration (BAC) levels, but the most severe is the IRS: FAIL.
When Is An IRS: Fail Issued?
An IRS: FAIL penalty will be issued if your BAC is 0.08 or higher, if you are impaired by drugs and/or alcohol or if you refuse to comply with a demand for a sample.
What Are The Consequences of An IRS: FAIL?
The first-offence penalties under the IRS: FAIL are severe and immediately enforced:
- Seizure of your vehicle lasting 30 days
- An immediate 90-day licence suspension (absolute prohibition from driving)
- A $1,000 fine (plus a victim fine surcharge)
- Mandatory participation in the Ignition Interlock Program for one year after the 90-day suspension
Criminal Code Charges (DUI)
While the IRS system is focused on immediate administrative penalties, the most severe, long-term repercussions come from the federal level. These are federal criminal charges, and while an IRS: FAIL does not automatically result in a criminal conviction, police often proceed with both the Administrative Penalty (IRS) and a criminal charge if your BAC is 0.08 or greater, or if there are any aggravating factors.
A criminal conviction carries heavier, long-term consequences, including a permanent record, significant court-imposed driving prohibitions and potential jail time.
The Critical Seven-Day Appeal Window
Regardless of whether you are issued an IRS: WARN or the more severe IRS: FAIL, you are given a Notice of Administrative Penalty. This will set your penalties in motion.
This is the most crucial piece of information for any driver facing impaired driving sanctions in Alberta. You have only seven days from the date the Notice of Administrative Penalty was issued to file a request for a review through SafeRoads Alberta.
You automatically forfeit your right to challenge the administrative penalty if you miss the strict seven-day deadline. Your licence suspension, fine and vehicle seizure will be confirmed, regardless of the merits of your case.
Time is not just important; it is your entire defence strategy.
Your Ally In Court and at the Roadside
Successfully challenging either an IRS Penalty or a criminal DUI charge hinges on technical, procedural or legal elements against you:
- Did the officer have reasonable grounds to make the stop?
- Was the breathalyzer or screening device properly calibrated and administered according to strict protocols?
- Were your Canadian Charter rights respected during the traffic stop?
When everything is on the line, you need an experienced Edmonton criminal offence driving lawyer who understands these complex nuances and ever-changing legislation.
Brian McGlashan has spent over 25 years developing a proven track record of successful outcomes for drivers across the province. He possesses the experience, technical knowledge, and legal ability to review every detail of your stop, investigation, and testing procedures.
Offering a comprehensive and tailored defence strategy, Brian McGlashan ensures your rights are protected; whether you’re dealing with the administrative immediacy of SafeRoads Alberta, or the severity of a Criminal Code prosecution, he fights to mitigate your penalties, challenge the evidence and protect your ability to drive and maintain your livelihood.
Don’t Wait Until It’s Too Late: Act Now!
A charge of impaired driving or an IRS Administrative Penalty can permanently impact your employment, insurance rates and freedom to travel. This Halloween, if you or a loved one is pulled over at a checkstop and issued a Notice of Administrative Penalty, do not try to navigate the complexities of the legal system alone!
Contact Brian McGlashan immediately to ensure the critical window is not missed and to ensure the best possible outcome for your case.
