Immediate Roadside Sanctions (IRS) Program (continued)
IRS: FAIL
The IRS: FAIL program applies when a law enforcement officer has reasonable grounds to believe that:
- the driver has operated a motor vehicle while their ability to do so was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug
- within two hours after ceasing to operate a motor vehicle, the driver had a blood alcohol concentration that was equal to or exceeds 80 milligrams of alcohol in 100 millilitres of blood
- within two hours after ceasing to operate a motor vehicle, the driver had a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code of Canada
- within two hours, after ceasing to operate a motor vehicle, the driver had a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that is prescribed by regulation under the Criminal Code of Canada for instances where alcohol and that drug are combined
- knowing a demand had been made, the driver failed or refused, without a reasonable excuse, to comply with a demand made under the Criminal Code of Canada.
Contraventions for this type of suspension/disqualification include the following:
First occurrence: The administrative penalties are imposed with or without a criminal charge. A criminal conviction will result in additional penalties.
- Immediate two-stage, fixed-term driver’s licence suspension consisting of two distinct parts:
1. 90 days where the suspended driver is unable to drive under any circumstances; and 2. further 12-month driver’s licence suspension.
- During this 12-month suspension period, the driver may participate in Alberta’s IRS: FAIL Ignition Interlock Program and during that term operate a vehicle equipped with an interlock device. If they choose not to participate in the IRS: FAIL Ignition Interlock Program, the driver will remain suspended and cannot legally drive.
- Completion of the Planning Ahead course.
- If the driver does not complete this requirement within 450 days, they will receive a new administrative suspension for noncompliance and remain suspended until the remedial education course is completed.
- 30 day vehicle seizure.
- $1,000 fine plus victim surcharge or 20 per cent.