Charges · Impaired driving · Alberta
What happens after an impaired driving charge in Alberta?
What it means, what usually happens next, and what to bring to the first call.
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In short
- In Alberta, most first impaired-driving cases go through Immediate Roadside Sanctions (IRS), not a criminal charge, though some people are criminally charged instead or as well.
- Your paper says which one you got.
- For IRS, the appeal window is days, not weeks — that is the first thing to check.
What usually happens next
- At the roadside
The stop and the first test Police may ask for a breath sample on a roadside device. A fail or a refusal usually leads to arrest and a trip to the station.
- First hour
Breath tests at the station Two samples are usually taken on a larger machine. There is a right to speak to a lawyer privately before this, and police must say so.
- Same day
Licence and vehicle In Alberta, an IRS licence suspension starts on the spot, separate from any criminal charge. The vehicle may be seized for several days.
- A few hours in
Release papers Most people leave the station with papers. They list a first court date, any fingerprint date, and any conditions, and each condition binds once signed.
- Sometimes
Held for a bail hearing If police keep the person in custody, a bail hearing before a justice usually happens by the next day.
What should you bring to the first call?
How it works in Alberta
Which court hears it in Alberta
In Alberta, Immediate Roadside Sanctions apply to impaired driving under the Traffic Safety Act, and police can also lay Criminal Code charges, heard in the Alberta Court of Justice. A sanction is disputed through SafeRoads Alberta, not a courtroom.
Bail in Alberta
An Alberta driver charged criminally and held sees a justice of the peace by video; the Court of Justice Hearing Office runs first-appearance bail hearings from 8 a.m. to midnight.
Programs and diversion in Alberta
Alberta’s IRS: FAIL comes with the Planning Ahead course on a first occurrence and the IMPACT Program on a second; during the 12-month suspension a driver may join the IRS: FAIL Ignition Interlock Program.
The local process in Alberta
IRS: FAIL (0.08 or more, or a failed or refused test) means 90 days unable to drive, a further 12-month suspension, a 30-day vehicle seizure and a $1,000 fine plus 20% surcharge. A SafeRoads review must be requested within 7 days, with a $150 non-refundable fee; reviews are by video or in writing.
What do we see with impaired driving charges?
Two things surprise people: the licence suspension starts on the spot, and the roadside paperwork has deadlines inside it. When you call, the first questions are about that paper — dates, the device used, whether there was a refusal — because those details shape what follows. Someone answers at any hour.
What do people ask about impaired driving charges?
Will I lose my licence right away?
In Alberta most first impaired-driving cases are handled by the Immediate Roadside Sanctions program — licence suspension, vehicle seizure and a fine at the roadside — rather than a criminal charge; criminal charges are laid in more serious cases.
Is the licence penalty separate from the court case?
An IRS “Fail” is an administrative penalty with a short window to appeal to SafeRoads Alberta; a criminal charge means a court date. Some people get both.
How long until the first court date?
For a criminal charge, release from the station, a first appearance in a few weeks, disclosure, and a lawyer’s review of the readings and the stop.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.
What should I bring?
Bring every paper the police gave you (release order, undertaking, appearance notice); photo ID; any texts, photos or messages about it; the IRS notice (check the date and the appeal deadline); the seizure paper; the breath-test paper.
Sources
Alberta sources
- Alberta, impaired driving penalties (Immediate Roadside Sanctions), accessed October 15, 2026
- Alberta Court of Justice, history of the court, accessed October 8, 2026
- Alberta, justice of the peace bail hearings, accessed October 14, 2026
- Alberta, dispute a Notice of Administrative Penalty (SafeRoads Alberta), accessed October 15, 2026
- Government of Alberta, Immediate Roadside Sanctions and SafeRoads Alberta, accessed September 22, 2026
- Alberta Courts, accessed September 22, 2026
Federal law sources
- Criminal Code (Canada), ss. 320.14–320.24, accessed September 22, 2026
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