Impaired Driving (N.L.)

If you are charged with driving with a blood alcohol concentration equal to or over 80 mg of alcohol per 100 ml of blood (.08), you can face penalties under Newfoundland's HTA and the Canadian Criminal Code.

It is important to remember that impaired driving is not limited to driving under the influence of alcohol. Prescription medication and over-the-counter drugs can affect your driving ability, especially if combined with even a small amount of alcohol.

In 2018, the federal government updated the Criminal Code to deal with the legalization of cannabis. THC is the primary psychoactive component of cannabis. It is an offence to have between two and five nanograms of THC per ml of blood when operating a vehicle.

It is a more serious offence if you are caught operating any conveyance with five ng or more of THC per ml of blood. The combined prohibited level of alcohol and cannabis is 50 mg or more of alcohol per 100 ml of blood and 2.5 ng or more of THC per ml of blood.

Newfoundland has a zero-tolerance policy for novice drivers. Those younger than 22 will be required to maintain a blood alcohol content of zero percent while driving. Novice drivers and drivers under 22 will have their vehicles immediately impounded for seven days if they are found to have a BAC greater than zero but less than 0.08.

You face an immediate 24-hour licence suspension for a BAC between .05 and .08 for a first offence, with longer suspensions for subsequent offences. Drivers found with a BAC of 0.08 or greater will also face criminal charges and have their vehicle impounded for a
minimum of 30 days.

A first offender convicted of a Criminal Code offence while driving while impaired in Newfoundland and Labrador will face a minimum $1,000 fine, a minimum one-year driving prohibition and be required to attend the Think First alcohol education program.

If you are convicted of impaired driving causing bodily harm, you can be imprisoned for up to 10 years, and the province will suspend your licence for 10 years. If you are found guilty of impaired driving causing bodily harm, you could be sent to prison for life. You will also receive a lifetime licence suspension.

If you are convicted of impaired driving a second time, your licence will be suspended for three years, and you will be jailed for a minimum of 14 days. You will have to attend mandatory alcohol and drug dependency screening. A third offence brings a minimum 10-year driving ban and a minimum 90-day jail sentence, and you will be required to submit to alcohol and drug dependency screening.

Your driving privileges will be suspended for life for a fourth and subsequent Criminal Code conviction within a 10-year period from the date of your first conviction. You may be eligible for a review of the lifetime suspension after 10 years by applying to the Registrar in writing.