Impaired driving is a crime. If convicted, you’ll face serious consequences under the Criminal Code of Canada.
Manitoba’s impaired driving laws apply when operating all motor vehicles including infrastructure equipment, agricultural equipment and off-road vehicles, as well as vessels on water, aircrafts and railway equipment, while under the influence of alcohol or drugs.
Manitoba continues to have among the toughest penalties in Canada for driving under the influence of alcohol or drugs. They include:
24-hour roadside suspension for drug impairment
If you are suspected by police of being under the influence of any drug, you can receive an immediate 24-hour roadside licence suspension. See more information on drug impairment.
Immediate Roadside Prohibition
As of Dec. 16, 2019, The Highway Traffic Act is amended to adopt an immediate roadside prohibitions approach to deal with persons driving under the influence of alcohol. This new approach and tough new sanctions take effect right at roadside, based upon the results of an approved screening device (ASD). See more information below on registering a “warn” or a “fail” on an ASD.
Tiered Administrative Licence Suspensions
If you operate a motorized vehicle with a blood alcohol concentration between .05 and .079, register a warn on an approved screening device, or fail a drug screening test, physical coordination test or drug recognition evaluation, you can receive an immediate Tiered Administrative Licence Suspension. Tiered Administrative Licence Suspensions are progressively longer suspensions ranging from 72 hours to 60 days depending on how many suspensions you have received within a 10-year period.
This suspension moves you down the Driver Safety Rating scale by five levels. If you receive one, you may also be subject to a Driver Improvement & Control intervention.
If you register a warn on an ASD, you will face enhanced roadside sanctions, including an administrative penalty of at least $400 and vehicle impoundment of three days on a first offence. Sanctions increase with subsequent offences.
If you receive two or more suspensions within a 10-year period, you are also required to complete an assessment through the Impaired Driver Program at the Addictions Foundation of Manitoba at your own expense.
Three-month Administrative Licence Suspension
You will receive a three-month Administrative Licence Suspension if:
- Your blood alcohol concentration is equal to or over .08.
- You register a fail on an ASD.
- Your blood drug concentration is over five nanograms (ng) of THC.
- Your combined blood alcohol concentration is over .05 and your blood drug concentration is more than 2.5 ng of THC.
- You refuse to provide a breath, saliva or blood sample to police.
- You refuse to perform a physical coordination test or drug recognition evaluation, or refuse to follow a police officer's instructions regarding either test.
- You have any concentration of illegal drugs in your system.
This suspension lowers your rating on the Driver Safety Rating scale by five levels and you will be required to pay a driver’s licence reinstatement fee
Additional consequences include:
If you fail or refuse an ASD, you may face enhanced roadside sanctions, including an administrative penalty of $700, vehicle impoundment, mandatory Ignition Interlock participation for one year, an impaired driver assessment and movement of 10 levels down the Driver Safety Rating scale.
Criminal Code offences
Criminal Code offences include the following:
- Driving, or having care and control of a vehicle, while impaired by drugs or alcohol
- Impaired driving causing bodily harm or death.
- Driving with a blood alcohol concentration equal to or over .08.
- Driving with a blood drug concentration over five ng of THC.
- Driving with a combined blood alcohol concentration over .05 and blood drug concentration over 2.5 ng of THC.
- Driving with any concentration of illegal drugs in your system.
- Refusing to provide a breath, saliva or blood sample to police upon request.
- Refusing to perform a physical coordination test or drug recognition evaluation, or refusing to follow a police officer’s instructions regarding either test.
If you are convicted of an impaired driving-related Criminal Code offence, you will face sanctions such as:
Note: A discharge under the Criminal Code for certain driving-related offences may be treated as a conviction under The Highway Traffic Act.
Graduated Driver Licensing
New drivers who violate any Graduated Driver Licensing (GDL) Program restrictions or are convicted of a driving offence may have their driving record reviewed by our Driver Improvement & Control Program to determine if an additional suspension or other sanctions should apply. Learn more.
