Impaired Driving (N.W.T.)

The Northwest Territories governs its roads and highways under the Motor Vehicles Act (MVA). This legislation lays out the rights and responsibilities of drivers in the territory and includes laws to combat impaired driving. If you are caught driving impaired, you can typically expect to be charged under the Criminal Code, with penalties that start with fines and can include life in prison for impaired driving causing death. There can also be supplementary charges under the MVA.

Police have the right to demand a breath test from you at a roadside stop, even without reasonable suspicion that you have consumed alcohol following the introduction of mandatory alcohol screening (MAS). Prior to this change to the Criminal Code in 2018, police were only permitted to demand a breath test at a roadside stop if there was proof you had been drinking.

You do not have the right to consult a lawyer before providing a breath sample, and you cannot avoid criminal charges by refusing to provide one. Under the Criminal Code, you will face the same penalties for failing or refusing to comply with a peace officer's demand as you would for an impaired driving conviction.

In July 2022, the Northwest Territories RCMP announced that they had begun using roadside screening devices for cannabis. A driver can be asked to provide an oral fluid sample to determine if they are under the influence of THC.

If the police have reasonable grounds to believe you have operated a motor vehicle after consuming drugs or alcohol, you can automatically lose your driver’s licence for 24 hours. You can also receive a 24-hour administrative licence suspension/disqualification for having a BAC exceeding .05. That can increase to 30 days if your licence is suspended or disqualified. Also, drivers can receive a 90-day administrative licence suspension/disqualification for blood alcohol concentration exceeding .08.

You can be charged under the Criminal Code if you are caught driving with a blood alcohol concentration at or over .08. A conviction for a first offence means your licence will be suspended for a minimum of one year, and you will be fined at least $1,000. A repeat offender faces a 30-day jail sentence along with a 24-month driving prohibition. A third conviction will result in a minimum 120-day jail term. Your licence will also be suspended for 36 months.

You can be imprisoned for up to 10 years if you have been convicted of impaired driving causing bodily harm. If you are found guilty of impaired driving causing death, you can be sent to prison for life.