What Should You Expect During a Traffic Stop?
In Alberta, drivers stopped for suspected impaired driving may face Immediate Roadside Sanctions (IRS), administrative penalties that can be imposed immediately by police and separately from any criminal charge.
Police may make a Mandatory Alcohol Screening Demand (“MAS” – without reasonable suspicion) or Approved Screening Device Demand (“ASD” – suspicion-based). Drivers are legally required to comply with this demand. Depending on the result, officers may issue immediate suspensions and vehicle seizures at the roadside. Police may also investigate suspected drug-impaired driving through roadside sobriety testing or drug screening procedures.
What Are the Common IRS Categories?
- 24-Hour Sanction – If an officer reasonably suspects impairment by alcohol or drugs, they may suspend a driver’s licence and seize the vehicle for up to 24 hours.
- Novice Driver (Zero Tolerance) – Learner and probationary drivers with any detectable alcohol may receive a 30-day suspension and a 7-day vehicle seizure.
- “Warn” Range – A blood alcohol concentration between 50–79 mg/100 mL can result in a 3-day suspension and 3-day vehicle seizure, with increased penalties for repeat occurrences.
- “Fail” Result – A reading of 80 mg/100 mL or over may lead to a 90-day immediate suspension and, following the expiration of that period, a further one-year suspension, a 30-day vehicle seizure, mandatory programs, and harsher consequences for repeat offences.
What Rights Do Drivers Have at the Roadside?
Officers have a duty to inform individuals about administrative penalties issued under a Notice of Administrative Penalty (NAP). If a person is handcuffed or detained, police should clarify whether the matter is proceeding administratively or criminally. If criminal charges are pursued, the individual has the right to speak with counsel within a reasonable time.
Drivers should also pay attention to how documents are served, as this issue may become important when reviewing or challenging a suspension.
Can a NAP Be Challenged?
One aspect many people do not know is that roadside sanctions may sometimes be challenged through a roadside appeal process involving additional ASD testing on a new ASD device. The purpose of this process is to address reliability concerns regarding the evidence used to issue the NAP and to provide an opportunity to confirm, reduce, or cancel the sanction.
What Is the Limitation Period?
Dispute deadlines are short, commonly within seven days of receiving the NAP and missing them may affect the ability to challenge the suspension.
Why Is Early Legal Advice Important?
Administrative driving suspensions can affect employment, insurance, and driving privileges immediately. These are separate from criminal charges and can stand even if criminal charges are later dropped. Early legal advice may help individuals understand their options, preserve important evidence, and determine whether the roadside process complied with legal requirements.
As Alberta expands impaired driving enforcement and penalties, understanding legal rights and obtaining timely legal advice will become increasingly important for drivers and the community.
For more information, contact: Queck & Associates Law Office #600, 800 Broadmoor Blvd., Sherwood Park, AB T8A 4Y6 780-640-1212
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