Receiving an Immediate Roadside Suspension (IRS) in Alberta can be overwhelming and confusing. You're likely facing the immediate loss of your driving privileges, uncertainty about your legal options, and concerns about how this will impact your work and family life. Drive Defence’s legal experts understand that you need clear, reliable answers during this stressful time.
Time is critical when dealing with an IRS – you have only 7 days to file an appeal. Don't let confusion or delay cost you your driving privileges. Our experienced legal team has successfully defended countless Albertans against IRS suspensions, and we're here to help you understand your rights and fight for the best possible outcome.
Ready to take action? Contact Drive Defence today for a consultation and let us help you navigate this challenging situation.
FAQs
This comprehensive FAQ section addresses the most common questions we receive about Alberta IRS suspensions and license defence. Whether you're wondering about appeal deadlines, understanding the suspension process, or exploring your legal options, you'll find the information you need to make informed decisions about your case.
What is an Immediate Roadside Suspension (IRS) in Alberta?
An Immediate Roadside Suspension is a temporary license suspension issued by police officers when you're suspected of impaired driving in Alberta. The IRS takes effect immediately at the roadside and can last 90 days for first-time offenders. This administrative penalty is separate from any criminal charges you might face and occurs before you have your day in court. If you've received an IRS, you have limited time to appeal, making it crucial to seek legal representation immediately.
Can I appeal my Alberta IRS license suspension?
Yes, you can appeal your IRS in Alberta, but time is critical. You have only 7 days from the date of suspension to file your appeal with Alberta Transportation. The appeal process involves:
• Submitting the required forms and paying the appeal fee
• Gathering evidence to challenge the suspension
• Presenting your case at an administrative hearing
• Working with experienced legal counsel to maximize your chances of success
Don't wait – contact a qualified IRS defence lawyer immediately to protect your driving privileges and explore your legal options.
How long does an Alberta IRS suspension last?
The length of your IRS depends on your driving record and the circumstances of your case. For first-time offenders, the suspension typically lasts 90 days. However, if you have previous impaired driving convictions or IRS suspensions on your record, the suspension period can be significantly longer. The good news is that a successful appeal can reduce or eliminate the suspension period entirely, allowing you to get back on the road sooner.
What happens to my vehicle during an IRS suspension?
When you receive an IRS, your vehicle will typically be impounded for a minimum period, usually 3 days for a first offense. The impoundment period increases with subsequent offenses. You'll be responsible for all towing and storage fees, which can add up quickly. In some cases, if another licensed driver is available and the vehicle is properly registered and insured, immediate impoundment might be avoided.
Will an IRS suspension affect my criminal case?
Your IRS is an administrative penalty that runs parallel to any criminal charges you might face. While the IRS doesn't directly impact your criminal case, the evidence gathered during the traffic stop can be used in both proceedings. This is why it's essential to have experienced legal representation that understands both the administrative and criminal aspects of impaired driving cases. A skilled lawyer can identify weaknesses in the Crown's case and develop a comprehensive defence strategy.
Can I get a work permit during my IRS suspension?
Unfortunately, work permits or restricted licenses are not available during an IRS suspension in Alberta. This means you cannot legally drive for any reason – including work, medical appointments, or family emergencies – while your suspension is active. This is why appealing your IRS is so important. A successful appeal can restore your full driving privileges, allowing you to maintain your employment and meet your family obligations.
What evidence can be used to fight an IRS suspension?
Several types of evidence can be effective in challenging your IRS:
• Police procedural errors during the traffic stop
• Faulty or improperly calibrated testing equipment
• Medical conditions that could affect test results
• Charter rights violations during the investigation
• Insufficient grounds for the initial traffic stop
An experienced IRS defence lawyer will thoroughly review all evidence and identify the strongest arguments for your appeal.
How much does it cost to fight an IRS suspension in Alberta?
The cost of defending against an IRS varies depending on the complexity of your case and the legal services required. However, consider the true cost of not fighting the suspension: lost wages from inability to work, increased insurance premiums, and the long-term impact on your driving record. Many clients find that the investment in quality legal representation pays for itself through restored driving privileges and avoided consequences.
Should I represent myself in an IRS appeal?
While you have the right to represent yourself, IRS appeals involve complex administrative law and strict procedural requirements. Insurance companies and the government have experienced lawyers working against you – shouldn't you have an experienced advocate on your side? A qualified IRS defence lawyer understands the system, knows what evidence to gather, and can present the strongest possible case for
your appeal.
