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Highway through the Rocky Mountains in Alberta

Alberta handles most impaired driving cases through Immediate Roadside Sanctions (IRS) under the provincial Traffic Safety Act. Since December 2020, police can impose licence suspensions, vehicle seizures and fines at the roadside, without waiting for a court case. Police can still lay criminal charges under the federal Criminal Code, and a conviction brings additional penalties.

That means a DUI in Alberta can involve two separate tracks: provincial administrative penalties, which start immediately, and criminal charges, which go to court.

The IRS sanctions at a glance

Sanction When it applies Key penalties (first occurrence)
IRS 24-hour Suspected impairment by alcohol, drugs or a physical or medical condition 24-hour licence suspension
IRS WARN Blood alcohol 0.05 to 0.079, or failed sobriety tests 3-day suspension, 3-day vehicle seizure, $300 fine
IRS FAIL Blood alcohol 0.08 or more, refusing or failing testing, or failing drug recognition tests 90-day suspension, then a 12-month suspension (interlock option), 30-day vehicle seizure, $1,000 fine
IRS ZERO: Novice Any alcohol or drugs for Class 7 or Class 5-GDL drivers 30-day suspension, 7-day vehicle seizure, $200 fine

All fines carry a 20% victim fine surcharge. Penalties escalate for second and third occurrences — see Alberta’s Immediate Roadside Sanctions explained.

IRS 24-hour suspension

If police suspect you are impaired by alcohol, drugs or a physical or medical condition that affects your ability to drive safely, you can be given a 24-hour licence suspension. When the suspension is for medical reasons, your file may be reviewed to decide whether you are fit to drive.

IRS WARN

IRS WARN applies when your blood alcohol concentration is between 0.05 and 0.079, or you fail drug and alcohol sobriety tests. A first occurrence brings a 3-day licence suspension, a 3-day vehicle seizure and a $300 fine. Second and third occurrences bring longer suspensions, higher fines and mandatory education.

IRS FAIL

IRS FAIL is the most serious tier. It applies when your blood alcohol concentration is 0.08 or more, when you fail or refuse drug and alcohol testing, or when you fail drug recognition tests. A first occurrence brings a 90-day suspension during which you cannot drive at all, then a further 12-month suspension during which you may drive only through Alberta’s ignition interlock program. It also brings a 30-day vehicle seizure, a $1,000 fine and the Planning Ahead course. Details are in Alberta DUI penalties.

Drugs and new drivers

The same system covers drug impairment, including cannabis and prescription medication — see Alberta drug-impaired driving laws. Learner and GDL drivers face zero tolerance for any alcohol or drugs — see Alberta’s GDL zero-tolerance rules.

Reviewing an IRS penalty

You can ask SafeRoads Alberta to review an IRS penalty, but the deadline is short: 7 days from the date the Notice of Administrative Penalty was issued. The suspension stays in effect during the review, and a fee applies. Because of that deadline, speak with an Alberta impaired driving lawyer quickly.

Frequently asked questions

What is the legal blood alcohol limit in Alberta?

The Criminal Code limit is 80 mg of alcohol per 100 mL of blood (0.08). Alberta also imposes IRS WARN penalties from 0.05, and novice drivers must have zero alcohol.

Is an IRS penalty a criminal charge?

No. IRS penalties are administrative sanctions under Alberta's Traffic Safety Act. Police can also lay Criminal Code charges, which are dealt with separately in court.

How long do I have to dispute an IRS penalty in Alberta?

You have 7 days from the date the Notice of Administrative Penalty was issued to apply to SafeRoads Alberta for a review.

Does refusing a breath test help avoid penalties in Alberta?

No. Refusing or failing to comply with testing falls under IRS FAIL, the same tier as blowing 0.08 or more.

Find an Alberta impaired driving lawyer →

This article is general information about Alberta and Canadian impaired driving law as of October 2026. It is not legal advice. Penalties and procedures can change; speak with a lawyer about your situation.

Sources: Government of Alberta, Impaired driving penalties; Government of Alberta, IRS FAIL Ignition Interlock Program; Department of Justice Canada, Impaired driving laws.

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