Alberta Impaired Driving & Over 80 — Free Legal Information

Impaired Driving in Alberta — what to do right now

First, work out which track you're on. (1) The administrative track — an Immediate Roadside Sanction issued by police on behalf of SafeRoads Alberta under the provincial Traffic Safety Act. Since December 2020 this is how Alberta deals with most impaired driving. An IRS FAIL (a blood-alcohol concentration of 0.08 or more, a refusal, or impairment by drugs) brings an immediate 90-day suspension where you cannot drive at all, then a 12-month period during which you can only drive with an ignition interlock, a 30-day vehicle seizure, a $1,000 penalty plus a 20% victim surcharge, and a mandatory Planning Ahead education course. Many drivers get all of this with no criminal charge and no criminal record. (2) The criminal track — for the most serious cases (injury, death, or where the Crown elects to prosecute), a federal charge under Criminal Code s.320.14 in the Alberta Court of Justice, carrying a mandatory minimum $1,000 fine and a national driving prohibition on conviction. The single most urgent thing: you have only 7 days from the date of your IRS notice to request a SafeRoads review. Our hotline will help you understand your notice and that deadline. Call our free line now and an AI assistant will answer your questions live.

The law in Alberta: Impaired Driving

Impaired driving in Canada is governed by two completely different bodies of law that operate at once, and Alberta leans on the provincial one far more heavily than most provinces. The federal layer is the Criminal Code. Section 320.14(1), modernised by Parliament in December 2018, creates four ways to commit the offence: (a) operating a conveyance while your ability is impaired to any degree by alcohol or a drug; (b) being 'over 80' — having a blood-alcohol concentration of 80 milligrams of alcohol in 100 millilitres of blood or more within two hours of driving; (c) being over the prescribed blood-drug concentration; and (d) being over a combined alcohol-and-drug limit. Refusing or failing to comply with a lawful breath, blood or sobriety demand is its own separate offence under s.320.15. These are federal offences, identical in every province, prosecuted in Alberta in the Alberta Court of Justice (the most serious matters, such as impaired operation causing bodily harm or death, go to the Court of King's Bench).

On a criminal conviction the Criminal Code (s.320.19) sets a mandatory minimum $1,000 fine, rising with the breath reading: at least $1,500 if your BAC was 120–159 mg, and at least $2,000 if it was 160 mg or higher, or for a refusal. A second conviction carries a minimum 30 days in jail; a third or subsequent, a minimum 120 days. Prosecuted by indictment, the maximum is 10 years' imprisonment (higher where injury or death results). A conviction also brings a mandatory federal driving prohibition that applies anywhere in Canada and leaves a criminal record.

Alberta's distinctive layer is the provincial Immediate Roadside Sanctions (IRS) program, administered by SafeRoads Alberta under the Traffic Safety Act. Since 1 December 2020, Alberta has diverted the majority of impaired-driving cases out of criminal court and into this administrative scheme. An IRS is issued by the officer at the roadside — there is no trial and, in most first-time cases, no criminal charge at all. There are several types. An IRS FAIL applies to the criminal-level conduct: a BAC of 0.08 or more, a refusal, or impairment by alcohol or drugs. A first IRS FAIL means an immediate 90-day suspension during which you cannot drive under any circumstances, followed by a 12-month period in which you may drive only with an ignition interlock device installed, a 30-day vehicle seizure, a $1,000 penalty plus a 20% victim fine surcharge, and a mandatory Planning Ahead course. A second IRS FAIL escalates to the 90-day no-drive period plus a 36-month interlock suspension, a $2,000 penalty plus surcharge, the IMPACT program, and a 30-day seizure; a third can mean a lifetime suspension (reinstatement possible only after 10 years).

Below the criminal threshold sits IRS WARN, for a BAC in the 0.05–0.079 'warn range'. A first occurrence is a 3-day licence suspension, a 3-day vehicle seizure and a $300 penalty plus the 20% surcharge; a second (within a 10-year look-back) is a 15-day suspension, a 7-day seizure, a $600 penalty and a mandatory course; a third is a 30-day suspension, a 7-day seizure, a $1,200 penalty and the IMPACT program. The crucial procedural fact across all of these: you have only seven days from the date the IRS notice is issued to request a SafeRoads review (those seven days include weekends and holidays). A review costs a non-refundable $150 (the same fee whether you choose an oral or a written review), and SafeRoads issues its written decision within 30 days of the notice date. Miss the seven-day window and you generally lose the right to challenge the sanction at all.

Key Law (federal Criminal Code)

Criminal Code s.320.14(1)(a) — impaired operation: ability impaired to any degree by alcohol or a drug
Criminal Code s.320.14(1)(b) — 'over 80': BAC of 80 mg per 100 mL of blood or more within two hours of driving
Criminal Code s.320.14(1)(c)/(d) — over the prescribed blood-drug limit, or a combined alcohol-and-drug limit
Criminal Code s.320.15 — failure or refusal to comply with a breath, blood or sobriety demand (a separate offence)
Criminal Code s.320.19 — mandatory minimum fines ($1,000 / $1,500 / $2,000), 30/120-day jail on repeats, 10-year max on indictment

Key Law (Alberta provincial — the IRS regime)

Traffic Safety Act, RSA 2000 c T-6 — the statute under which Immediate Roadside Sanctions are imposed
IRS FAIL — criminal-level conduct (0.08+, refusal, drug impairment): 90-day no-drive + interlock period, 30-day seizure, penalty + 20% surcharge
IRS WARN — 0.05–0.079 'warn range': escalating 3 / 15 / 30-day suspensions over a 10-year look-back
Since 1 December 2020 SafeRoads Alberta handles MOST first-time impaired cases administratively — often with no criminal charge
SafeRoads review — the only way to challenge an IRS; it is administrative, not a criminal trial

Courts, Agencies & the Clocks People Miss

🚨 7 DAYS — you have only seven days from the date of your IRS notice to request a SafeRoads review (weekends/holidays count)
SafeRoads Alberta — administers the IRS program and decides reviews (non-refundable $150 review fee, oral or written; decision within 30 days)
Alberta Court of Justice — hears federal Criminal Code impaired-driving charges where a charge is laid
Court of King's Bench of Alberta — the most serious matters (impaired causing bodily harm or death) and indictable trials
30-day vehicle seizure — your vehicle is towed at the roadside on an IRS FAIL; you pay towing and storage

Most Alberta Drivers Aren't Charged in Court — They're Sanctioned at the Roadside in 7-Day Reach

Here is what catches Alberta drivers off guard: since December 2020, most first-time impaired cases never go to criminal court. Instead, the officer hands you an Immediate Roadside Sanction on the spot under the provincial Traffic Safety Act — and that single piece of paper triggers a 90-day suspension where you cannot drive at all, then 12 months of driving only with an ignition interlock, a 30-day vehicle seizure, a $1,000 penalty plus a 20% victim surcharge, and a mandatory education course. Many people feel relief that there's no criminal charge or record. But the administrative consequences are severe, they take effect immediately, and — critically — you have only seven days from the date on the notice to request a SafeRoads review. Those seven days include weekends and holidays, and missing the window usually means you've lost the right to challenge the sanction entirely. People assume they can deal with it 'when they get a court date'. In Alberta there often is no court date — just a clock that's already running. Our free hotline can explain your notice and that deadline in plain English. Call our free line now — an AI assistant answers live, with as many questions as you like.

Likely outcomes & penalties

Every impaired-driving matter in Alberta turns on its own facts — your breath reading, whether you were issued an IRS FAIL or an IRS WARN, whether it's a first or repeat occurrence within the 10-year window, whether anyone was hurt, and whether the Crown also lays a criminal charge. These are the figures set by the SafeRoads Alberta IRS program and the federal Criminal Code, not predictions about your case.

First IRS FAIL (administrative — most common, often no charge)

An immediate 90-day suspension where you cannot drive at all, followed by 12 months during which you may drive only with an ignition interlock installed; a 30-day vehicle seizure (you pay towing and storage); a $1,000 penalty plus a 20% victim fine surcharge ($1,200 in total); and a mandatory Planning Ahead education course. In most first-time cases this happens with no criminal charge and no criminal record — but you have only 7 days to request a SafeRoads review.

First IRS WARN (BAC 0.05–0.079)

A 3-day licence suspension, a 3-day vehicle seizure and a $300 penalty plus the 20% surcharge for a first occurrence. A second within the 10-year look-back rises to a 15-day suspension, a 7-day seizure, a $600 penalty and a mandatory course; a third to a 30-day suspension, a 7-day seizure, a $1,200 penalty and the IMPACT program.

First criminal conviction (s.320.14, no injury)

Where a criminal charge is laid and results in conviction: a mandatory minimum $1,000 fine (at least $1,500 if BAC was 120–159 mg, at least $2,000 if 160 mg or more, or on a refusal), a criminal record, and a mandatory national driving prohibition of at least one year. This is the federal track, separate from the IRS.

Repeat or serious cases

A second IRS FAIL means a 36-month interlock suspension, a $2,000 penalty plus surcharge and the IMPACT program; a third can mean a lifetime suspension (reinstatement only after 10 years). On the criminal side, a second conviction carries a minimum 30 days in jail and a third 120 days; impaired operation causing bodily harm or death is indictable, heard in the Court of King's Bench, with far heavier penalties up to life imprisonment for causing death.

Mistakes to avoid

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Assuming an Immediate Roadside Sanction is 'just a ticket' you can deal with later — it imposes a 90-day suspension, a 30-day vehicle seizure and a four-figure penalty immediately, and you have only 7 days to ask for a review.

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Missing the 7-day SafeRoads review window — the deadline runs from the date on your notice and includes weekends and holidays; miss it and you generally lose the right to challenge the sanction at all.

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Thinking that because there's no criminal charge there are no real consequences — an IRS FAIL still costs you your licence for months, your vehicle for 30 days, a $1,200 penalty and a mandatory course, with no criminal trial to fight it in.

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Refusing the breath or sobriety test believing it avoids the IRS — a refusal is treated as an IRS FAIL administratively and is also a separate criminal offence under s.320.15, carrying the highest minimum fine ($2,000) if charged.

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Believing a prior from years ago no longer counts — Alberta applies a 10-year look-back when deciding whether an IRS is a first, second or subsequent occurrence, which sharply escalates the suspension, interlock period and penalty.

How it works

Call our free line — no income test and no web maze. An AI assistant answers live and explains your situation in plain English, in your language. Ask as many questions as you like.

Talk through both tracks with an assistant trained on Canadian and Alberta law. It understands the provincial Immediate Roadside Sanction program (IRS FAIL and IRS WARN tiers), the 7-day SafeRoads review deadline, and the federal Criminal Code s.320.14 charge — and walks you through your first moves. This is legal information, not legal advice, and creates no lawyer-client relationship.

Connecting you with an Alberta impaired-driving lawyer is coming soon. If your situation calls for representation — a SafeRoads review, a criminal charge, or both — a paid consultation service with Alberta-licensed lawyers who handle the administrative and court sides is on the way. For now, the free line gives you the general information to get oriented.

Free & low-cost Impaired Driving help in Alberta

If you can't afford a private lawyer, these Alberta and Canadian resources can help with the criminal case, free legal information, or finding reduced-fee counsel. Note an important gap: Legal Aid Alberta covers eligible criminal charges, but a SafeRoads IRS review is an administrative process and is generally not covered — yet for many Alberta drivers the IRS, not a criminal charge, is the real problem. Legal Hotline is not a law firm or a legal-aid clinic and does not provide these services; we point you to them and give general information, not legal advice.

SafeRoads Alberta

The official Alberta government program that administers Immediate Roadside Sanctions and decides reviews. Its site explains how to pay a penalty, request more time, and — most importantly — request a review of your IRS within the 7-day deadline (non-refundable $150 review fee, oral or written; decision within 30 days). Start here to understand your notice.

Alberta — Impaired driving penalties

The official Alberta.ca page setting out the exact IRS FAIL and IRS WARN penalties — suspension periods, the 90-day no-drive rule, interlock periods, vehicle seizures, monetary penalties and the mandatory education programs. The authoritative source for what your sanction actually means.

Legal Aid Alberta

Alberta's public legal-aid body, serving Albertans since 1973. If you meet the financial test it can help with eligible criminal charges; duty counsel give same-day advice at court. Apply by phone at 1-866-845-3425. Note it generally covers the criminal charge, not the SafeRoads IRS review.

Law Society of Alberta — Lawyer Directory

The Law Society's official directory of roughly 7,500 Alberta lawyers in active practice. You can search by location, practice area, language and more to find a lawyer who handles impaired-driving and SafeRoads matters. The Law Society does not endorse individual lawyers, so use it as a starting point.

LawCentral Alberta (CPLEA)

A portal of free, plain-language legal information run by the Centre for Public Legal Education Alberta, with sections on legal aid, finding a lawyer, and everyday legal problems including driving and criminal matters. A trustworthy place to read up before you act.

FAQ — Impaired Driving in Alberta

I just got an Immediate Roadside Sanction in Alberta — what's the first thing to understand?

That the most urgent thing is the deadline: you have only 7 days from the date on your IRS notice to request a SafeRoads review, and those seven days include weekends and holidays. An IRS FAIL also takes effect immediately — a 90-day suspension where you can't drive at all, a 30-day vehicle seizure, a $1,000 penalty plus a 20% surcharge, and a mandatory course — usually with no criminal charge. Don't wait for a 'court date' that may never come. Our hotline can explain your notice and that deadline in plain English — call our free line now and an AI assistant answers live.

Why does Alberta deal with impaired driving differently from other provinces?

Because since 1 December 2020 Alberta has diverted most impaired-driving cases out of criminal court and into the provincial Immediate Roadside Sanctions program, run by SafeRoads Alberta under the Traffic Safety Act. Instead of being charged and tried, most first-time drivers are sanctioned at the roadside — a suspension, a vehicle seizure and a penalty — often with no criminal charge or record at all. The federal Criminal Code charge still exists for the most serious cases, but for the majority the IRS is the whole story. Our hotline can explain which track applies to you.

If I got an IRS but no criminal charge, do I really still face serious consequences?

Yes. An IRS FAIL is severe even with no charge: an immediate 90-day suspension where you cannot drive at all, then 12 months during which you may only drive with an ignition interlock, a 30-day vehicle seizure (you pay towing and storage), a $1,000 penalty plus a 20% victim surcharge ($1,200 total), and a mandatory Planning Ahead course. The trade-off is that there's no criminal trial to fight it in — your only avenue is a SafeRoads review, and you have just 7 days to ask for one. Call our free line and an AI assistant will explain what your notice means.

What does 'over 80' mean, and is it the same as an IRS FAIL?

'Over 80' is the common name for the federal offence in Criminal Code s.320.14(1)(b): having a blood-alcohol concentration of 80 milligrams of alcohol in 100 millilitres of blood (0.08) or more within two hours of driving. An IRS FAIL is Alberta's administrative response to that same conduct — a BAC of 0.08 or more, a refusal, or drug impairment — imposed at the roadside under the Traffic Safety Act. They can overlap, but in most first-time cases you'll get the IRS FAIL and no criminal 'over 80' charge. In Canada we say impaired driving or 'over 80', not 'DUI'. Our hotline can explain how it applies to you.

How do I challenge an Immediate Roadside Sanction?

Through a SafeRoads Alberta review — there is no criminal trial. You must request the review within 7 days of the date on your IRS notice (weekends and holidays count), and pay the non-refundable $150 review fee (the same whether you choose an oral or written review). SafeRoads issues its decision within 30 days. The seven-day deadline is strict, so this is the single most time-sensitive step. Our hotline can help you understand the process — call our free line now and an AI assistant answers live.

What is the difference between an IRS FAIL and an IRS WARN?

An IRS FAIL is for criminal-level conduct — a BAC of 0.08 or more, a refusal, or impairment by alcohol or drugs — and brings the 90-day no-drive period, the interlock requirement, a 30-day seizure, a four-figure penalty and a mandatory course. An IRS WARN is for the lower 'warn range' of 0.05 to 0.079: a 3-day suspension, a 3-day seizure and a $300 penalty (plus the 20% surcharge) for a first occurrence, escalating to 15 and 30 days for second and third occurrences within a 10-year look-back. Our hotline can explain where your reading leaves you.

I refused the breath test — does that help me in Alberta?

Almost never. A refusal is treated as an IRS FAIL administratively — the same 90-day suspension, interlock period, 30-day seizure and penalty — and it is also a separate federal offence under Criminal Code s.320.15 if a charge is laid, carrying the highest minimum fine ($2,000 on a first offence). Refusing rarely helps and usually leaves you worse off. Call our free line to understand exactly where a refusal leaves you.

What's the penalty for a first criminal impaired-driving conviction?

Where a criminal charge is laid and you're convicted under s.320.14, a first offence carries a mandatory minimum $1,000 fine (rising to at least $1,500 or $2,000 for higher breath readings or a refusal), a criminal record, and a mandatory national driving prohibition of at least one year. A second conviction carries a minimum 30 days in jail and a third a minimum 120 days. In Alberta, though, most first-time cases are handled administratively by SafeRoads, not in criminal court. Our hotline can explain which track applies to you.

Will an impaired-driving conviction affect my immigration status or travel to the US?

It can — but this is about a criminal conviction, not an administrative IRS. A Criminal Code conviction creates a criminal record and may make you inadmissible to the United States, as US border officers can treat impaired driving as a barrier to entry; for permanent residents and others, a serious criminal conviction can carry immigration consequences under Canada's Immigration and Refugee Protection Act. An IRS with no criminal charge does not create a criminal record. Because how a matter is resolved matters, it's worth getting advice early — call our free line and an AI assistant can point you to the right help.

Does a prior impaired occurrence from years ago still count against me?

Quite possibly. Alberta applies a 10-year look-back when deciding whether an IRS is a first, second or subsequent occurrence, which sharply escalates the suspension, the interlock period and the penalty — a second IRS FAIL means a 36-month interlock suspension and a $2,000 penalty, a third can mean a lifetime suspension. The federal Criminal Code minimum jail terms also climb on a second (30 days) and third (120 days) conviction. The date math matters — our hotline can help you understand where a prior leaves you.

How much does it cost to talk to your hotline?

Nothing. The service is free, with no income test and no web form to wrestle with. Call our free line and an AI assistant answers live — ask as many questions as you like. It gives you legal information to orient you — not legal advice — and creates no lawyer-client relationship. A paid consultation service with Alberta-licensed lawyers, for those who then want a lawyer for a SafeRoads review, a criminal charge or both, is coming soon.

Are you an Alberta impaired-driving lawyer? Join our network.

We're building a network of Alberta lawyers ahead of launching paid consultations, to serve worried, time-pressed drivers — most facing an Immediate Roadside Sanction with a 7-day SafeRoads review deadline, some also facing a Criminal Code s.320.14 charge in the Alberta Court of Justice — who need licensed local lawyers handling impaired-driving cases. If you're an Alberta-licensed lawyer who runs SafeRoads reviews and defends impaired-driving and 'over 80' charges, and advises on interlock and reinstatement, we'd like to send qualified, ready-to-consult clients your way once the consultation service goes live. This is a referral path for vetted lawyers, separate from the free client hotline above. Reach out to learn how to join.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

Got an Immediate Roadside Sanction in Alberta? You Have 7 Days, and Maybe No Criminal Charge at All.