Manitoba Impaired Driving & Over 80 — Free Legal Information

Impaired Driving in Manitoba — what to do right now

Understand the two tracks first. (1) The criminal charge — 'impaired operation' or 'over 80' under Criminal Code s.320.14 — is federal law applied in the Provincial Court of Manitoba, and a conviction brings a mandatory minimum $1,000 fine and a national driving prohibition even on a first offence. (2) The provincial side is automatic and immediate: under The Highway Traffic Act, Manitoba Public Insurance imposes an Administrative Licence Suspension at the roadside, before any trial. If your reading is 0.08 or higher, or you fail or refuse a test, that is an immediate three-month Administrative Licence Suspension that runs no matter what later happens in court. A 'warn range' reading of 0.05–0.079 instead triggers a shorter Tiered Administrative Licence Suspension. Conviction also brings a mandatory ignition interlock condition and a drop down the Driver Safety Rating scale, which raises your insurance costs. Our free line can walk you through both tracks — call now and ask our AI assistant as many questions as you like.

The law in Manitoba: Impaired Driving

Impaired driving in Canada is federal criminal law, uniform across every province and territory, but it is prosecuted and policed inside Manitoba's own court and licensing systems — so the law that convicts you is national while the licence and vehicle consequences are provincial. The governing offence is Criminal Code section 320.14(1), modernised by Parliament in December 2018. It creates four ways to be charged: (a) operating a conveyance while your ability is impaired to any degree by alcohol or a drug; (b) being 'over 80' — having a blood-alcohol concentration of 80 mg of alcohol in 100 mL of blood or more within two hours of driving; (c) being over the prescribed blood-drug concentration; and (d) being over a combined alcohol-and-drug limit. Each of these is a separate offence, and the Crown commonly lays both 'impaired' (a) and 'over 80' (b) from the same arrest.

These are hybrid offences — the Crown chooses to proceed summarily or by indictment — and most cases are heard in the Provincial Court of Manitoba, the busy provincial criminal court. On a first conviction the Criminal Code sets a mandatory minimum $1,000 fine, rising with the breath reading: at least $1,500 if your BAC was 120–159 mg, and at least $2,000 if it was 160 mg or higher, or for a test refusal under s.320.15. A second conviction carries a minimum 30 days in jail; a third or subsequent, a minimum 120 days. When the Crown proceeds by indictment, the maximum is 10 years' imprisonment for the basic offence. A conviction also triggers a mandatory federal driving prohibition that bans you from driving anywhere in Canada.

Running alongside the criminal charge is Manitoba's own administrative scheme under The Highway Traffic Act (C.C.S.M. c. H60), administered not by a court but by Manitoba Public Insurance, the Crown insurer that runs driver and vehicle licensing in the province. MPI does not wait for a trial. If you register 0.08 or higher, fail an approved screening device, or refuse to provide a breath, saliva or blood sample or to perform a coordination or drug-recognition test, MPI imposes an immediate three-month Administrative Licence Suspension on the spot — and that suspension also moves you five levels down the Driver Safety Rating scale. If you fail or refuse the roadside screening device, you face enhanced sanctions including a $700 administrative penalty, vehicle impoundment, mandatory ignition-interlock participation for one year, an impaired-driver assessment, and a drop of 10 levels down the Driver Safety Rating.

Below the criminal threshold, a 'warn range' reading of 0.05 to 0.079 — or a registered 'warn' on a screening device, or a failed coordination or drug test — triggers an immediate Tiered Administrative Licence Suspension instead. These suspensions get progressively longer with each occurrence inside a 10-year window: a 72-hour suspension on a first occurrence (seven days if there was a passenger under 16 in the vehicle), 15 days on a second, 30 days on a third, and 60 days on a fourth or subsequent occurrence. A 'warn' on a screening device also carries an administrative penalty of at least $400 and a three-day vehicle impoundment on a first occurrence. None of this is automatic relief — MPI runs it separately from the court, a criminal record for impaired driving can affect employment, insurance and the ability to enter the United States, and drivers with two or more suspensions in 10 years must complete an impaired-driver assessment at their own expense.

Key Law (federal Criminal Code)

Criminal Code s.320.14(1)(a) — impaired operation: ability impaired to any degree by alcohol or a drug
Criminal Code s.320.14(1)(b) — 'over 80': BAC of 80 mg per 100 mL of blood or more within two hours of driving
Criminal Code s.320.14(1)(c)/(d) — over the prescribed blood-drug limit, or a combined alcohol-and-drug limit
Criminal Code s.320.15 — failure or refusal to comply with a breath, blood or sobriety-test demand (a separate offence)
Criminal Code s.320.19 — mandatory minimum fines, ascending jail terms, and a 10-year maximum on indictment

Courts & Agencies

Provincial Court of Manitoba — hears most impaired-driving and 'over 80' charges (first appearance through trial and sentencing)
Court of King's Bench (Manitoba) — the most serious matters (e.g. impaired causing death) and indictable jury trials
Manitoba Public Insurance (MPI) — imposes the provincial Administrative Licence Suspension and runs licence reinstatement
Ignition Interlock Program (MPI / Driver and Vehicle Licensing) — administers the mandatory interlock device condition
Impaired Driver Program (Shared Health Manitoba, formerly the Addictions Foundation of Manitoba) — runs the mandatory impaired-driver assessment required before reinstatement

The Deadlines & Clocks People Miss

🚨 Roadside — the Administrative Licence Suspension and vehicle impoundment take effect immediately, before any trial
Three months — a 0.08+, fail or refusal brings an immediate three-month suspension regardless of the court outcome
First court date — your release paperwork (or summons) sets your first Provincial Court of Manitoba appearance; attendance is mandatory
10-year look-back — a prior occurrence within 10 years escalates both the Tiered suspensions and the criminal penalties
Two-hour rule — 'over 80' looks at your BAC within two hours after you stopped driving, not only at the wheel

The Suspension MPI Imposes Before You See a Judge

Here is what blindsides almost everyone: in Manitoba your licence is gone the same night, long before any finding of guilt — and it's Manitoba Public Insurance, not the criminal court, that takes it. The instant you blow 0.08 or higher, fail a screening device, or refuse a test, MPI imposes an immediate three-month Administrative Licence Suspension and can impound your vehicle under The Highway Traffic Act — a provincial action that runs entirely separately from the federal criminal charge and does not wait for your day in the Provincial Court of Manitoba. People assume that if they fight the charge their licence is safe in the meantime. It isn't: the three months run regardless, and the suspension also drops you five levels down the Driver Safety Rating scale, which pushes up what you pay for insurance for years. Below the criminal limit, a warn-range reading of 0.05–0.079 still triggers a Tiered suspension starting at 72 hours. Our free line can explain both the MPI side and the criminal side in plain English. The line is live now — call any time and ask our AI assistant as many questions as you like.

Likely outcomes & penalties

Every impaired-driving case in Manitoba turns on its own facts — your breath reading, whether it's a first or repeat occurrence within the 10-year window, whether anyone was hurt, and how the stop and testing were conducted. These are the statutory ranges set by the Criminal Code and The Highway Traffic Act, not predictions about your case.

First conviction (s.320.14, no injury)

A mandatory minimum $1,000 fine (at least $1,500 if BAC was 120–159 mg, at least $2,000 if 160 mg or more, or on a refusal), a criminal record, and a national driving prohibition. On the provincial side, MPI imposes a mandatory ignition-interlock condition and a drop down the Driver Safety Rating scale that raises insurance costs.

Provincial roadside consequences (immediate, MPI)

For a 0.08+, fail or refusal: an immediate three-month Administrative Licence Suspension and a five-level drop on the Driver Safety Rating, plus a reinstatement charge. A fail or refusal of the screening device adds a $700 administrative penalty, vehicle impoundment, a one-year ignition-interlock requirement, an impaired-driver assessment, and a 10-level Driver Safety Rating drop.

Warn range (0.05–0.079) — Tiered suspension

Below the criminal threshold, an immediate Tiered Administrative Licence Suspension: 72 hours on a first occurrence (seven days with a passenger under 16), 15 days on a second, 30 days on a third, and 60 days on a fourth or subsequent occurrence within 10 years — plus, on a 'warn', an administrative penalty of at least $400 and a three-day vehicle impoundment.

Second/third conviction, or impaired causing bodily harm/death

A second conviction carries a minimum 30 days in jail and a longer prohibition; a third or subsequent, a minimum 120 days. The 10-year look-back means an older occurrence can still count. Impaired operation causing bodily harm or death is indictable and far more serious — heard in the Court of King's Bench, with potential penitentiary time and, for causing death, a maximum of life imprisonment.

Mistakes to avoid

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Assuming that fighting the criminal charge protects your licence in the meantime — the MPI three-month Administrative Licence Suspension is automatic and runs regardless of what happens in the Provincial Court of Manitoba.

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Refusing the breath or sobriety test thinking it helps — refusal is its own offence under s.320.15 and is treated at least as seriously as being 'over 80', with the highest minimum fine, and MPI still imposes the three-month suspension plus a one-year interlock requirement.

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Forgetting the Driver Safety Rating hit — a suspension moves you five levels (or ten, on a fail/refuse) down the DSR scale, which quietly raises your MPI insurance premiums for years even after your licence is back.

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Believing a prior from years ago no longer counts — Manitoba uses a 10-year look-back, so an older occurrence can still escalate a Tiered suspension and the federal criminal minimums.

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Treating an impaired-driving charge as a minor traffic ticket — it is a federal criminal offence that creates a criminal record and can bar entry to the United States; the consequences reach far beyond the fine.

How it works

Call our free line — free, with no income test and no web maze. The line is live now: our AI assistant answers straight away and explains your situation in plain English, in your language. Ask as many questions as you like.

Talk through both tracks with an assistant trained on Canadian and Manitoba law. It understands the federal Criminal Code s.320.14 charge, MPI's three-month and Tiered Administrative Licence Suspensions, the vehicle impoundment, the ignition-interlock requirement, and the Driver Safety Rating impact — and walks you through your first moves. This is legal information, not legal advice, and creates no lawyer-client relationship.

Get general information about finding a Manitoba impaired-driving lawyer if you want one. A paid consultation service with a Manitoba-licensed criminal lawyer who handles both the court case and the MPI licensing side is coming soon — we're building our Manitoba network ahead of launching it.

Free & low-cost Impaired Driving help in Manitoba

If you can't afford a private lawyer, these Manitoba and Canadian resources can help with the criminal case, free legal information, or finding reduced-fee counsel. Note that Legal Aid Manitoba's coverage is aimed at the criminal charge — not the provincial MPI licensing process, which is the gap to watch. Legal Hotline is not a law firm or a legal-aid clinic and does not provide these services; we point you to them and give general information, not legal advice.

Legal Aid Manitoba

Manitoba's public legal-aid body, with offices in Winnipeg, Brandon, The Pas, Thompson and Dauphin. If you meet the financial test and face a serious charge that could mean jail or loss of employment, it can cover a criminal lawyer. Apply online or at an application centre. Covers the criminal charge, not the MPI licensing side.

Community Legal Education Association (CLEA) — Law Phone-In & Lawyer Referral

A Winnipeg non-profit, supported by the Law Society of Manitoba, offering free legal information by phone and referrals to a lawyer on its referral panel — the first interview is free (up to half an hour). Call 1-800-262-8800 (legal information) or 204-943-3602 (lawyer referral).

The Law Society of Manitoba — Finding a Lawyer

The regulator of Manitoba lawyers. Its public pages explain how to find general legal advice or a referral, point you to the CLEA Lawyer Referral panel, and offer a Lawyer Lookup directory to find a particular Manitoba lawyer.

Manitoba Public Insurance — Impaired driving suspensions

The official MPI page explaining the Administrative Licence Suspensions, the Tiered suspension durations, the three-month suspension, the ignition-interlock requirement, and the Driver Safety Rating consequences. Read this to understand the licensing side of your case.

JusticeNet

A national non-profit connecting people whose income is too high for legal aid but too low for standard fees with lawyers, paralegals, and mediators who charge on a reduced sliding scale.

FAQ — Impaired Driving in Manitoba

I was just charged with impaired driving or 'over 80' in Manitoba — what's the first thing to understand?

That you're now facing two separate cases from one arrest: a federal criminal charge under Criminal Code s.320.14 in the Provincial Court of Manitoba, and an automatic provincial Administrative Licence Suspension imposed at the roadside by Manitoba Public Insurance under The Highway Traffic Act. If your reading was 0.08 or higher, or you failed or refused a test, that's an immediate three-month suspension that runs no matter what later happens in court. Our free line can explain both tracks in plain English — call now and ask our AI assistant as many questions as you like.

Why is impaired driving federal law but my licence is dealt with by MPI?

Because Canada's impaired-driving offences live in the federal Criminal Code (s.320.14), which is the same in every province and territory — but driver licensing is a provincial matter, and in Manitoba it's run by Manitoba Public Insurance, the Crown insurer. So MPI controls the Administrative Licence Suspension, the vehicle impoundment, the ignition interlock and reinstatement, while the criminal court decides guilt and the criminal penalty. The court can't restore your licence, and MPI can't decide your guilt. They run on parallel tracks. Our hotline can break down both for your situation.

What does 'over 80' mean?

'Over 80' is the common name for the offence in Criminal Code s.320.14(1)(b): having a blood-alcohol concentration of 80 milligrams of alcohol in 100 millilitres of blood (0.08) or more within two hours of driving. It's a separate charge from 'impaired operation' in s.320.14(1)(a), and the Crown often lays both from the same arrest. In Canada we say impaired driving or 'over 80', not 'DUI'. Call our free line and our AI assistant will explain how the reading affects your case.

Will I really lose my licence before I've been to court?

Yes. Under The Highway Traffic Act, the moment you register 0.08 or higher, fail a screening device, or refuse a test, Manitoba Public Insurance imposes an immediate three-month Administrative Licence Suspension — before any trial and regardless of how the criminal charge is eventually resolved — and that suspension also moves you five levels down the Driver Safety Rating scale. A warn-range reading of 0.05–0.079 instead triggers a shorter Tiered suspension. It's one of the most common surprises. Our hotline can explain what the suspension means and what comes next.

What's the penalty for a first impaired-driving conviction in Manitoba?

A first conviction under s.320.14 carries a mandatory minimum $1,000 fine (rising to at least $1,500 or $2,000 for higher breath readings or a refusal), a criminal record, and a national driving prohibition. On the provincial side MPI adds a mandatory ignition-interlock condition and a drop down the Driver Safety Rating scale that raises your insurance. The exact outcome depends on your facts — call our free line for a plain-English read.

What is the 'warn range' (0.05 to 0.079), and the Tiered suspension?

It's the band below the criminal 0.08 threshold. A reading of 0.05 to 0.079 (or a registered 'warn', or a failed coordination/drug test) isn't a Criminal Code charge, but MPI imposes an immediate Tiered Administrative Licence Suspension: 72 hours on a first occurrence — seven days if there's a passenger under 16 in the vehicle — then 15 days on a second, 30 days on a third, and 60 days on a fourth or subsequent occurrence within a 10-year window. A 'warn' also brings an administrative penalty of at least $400 and a three-day vehicle impoundment on a first occurrence. Our hotline can explain where a warn-range reading leaves you.

I refused the breath test — does that help me?

Almost never. Refusing or failing to comply with a lawful breath, blood or sobriety demand is its own offence under Criminal Code s.320.15, treated at least as seriously as being 'over 80' — it carries the highest minimum fine ($2,000 on a first offence). MPI still imposes the immediate three-month Administrative Licence Suspension, and a refusal of the screening device adds a $700 penalty, a one-year ignition-interlock requirement and a 10-level Driver Safety Rating drop. It rarely helps and usually hurts. Call our free line to understand exactly where a refusal leaves you.

What is the ignition interlock requirement, and how does it work?

An ignition interlock is a device wired to your vehicle that requires a clean breath sample before the engine will start. In Manitoba, convicted impaired-driving offenders face a mandatory interlock condition, and a roadside fail or refusal brings a one-year interlock requirement on its own. The device is inspected by the manufacturer roughly every 60 days to download recorded samples and check for tampering. It's administered by MPI's Driver and Vehicle Licensing, separate from the court. Our hotline can explain how it would apply to you.

How does an impaired charge affect my MPI insurance and Driver Safety Rating?

A three-month Administrative Licence Suspension moves you five levels down the Driver Safety Rating scale, and a fail or refusal of the screening device moves you ten levels down. Because the Driver Safety Rating sets your insurance discount or surcharge with MPI, that drop can raise your premiums for years — a real cost that lands separately from the criminal fine. Our hotline can explain how the licensing and insurance side fits with the court case.

Can a DUI charge affect my immigration status or travel to the US?

It can. An impaired-driving conviction creates a criminal record, which can affect employment and may make you inadmissible to the United States, since US border officers can treat impaired driving as a barrier to entry. For permanent residents and others, a serious criminal conviction can also carry immigration consequences under federal law (the Immigration and Refugee Protection Act). Because how a charge is resolved matters, it's worth getting advice early. Call our free line and our AI assistant can point you to the right help.

Does a prior impaired-driving charge from years ago still count against me?

Quite possibly. Manitoba uses a 10-year look-back when deciding whether a new occurrence is a first, second, or subsequent one, which escalates the Tiered Administrative Licence Suspensions and triggers a mandatory impaired-driver assessment after two suspensions in 10 years. The federal Criminal Code minimum jail terms also climb on a second (30 days) and third (120 days) conviction. The date math matters — our hotline can help you understand where a prior leaves you.

How much does it cost to talk to your hotline?

Nothing. The service is free, with no income test and no web form to wrestle with. It gives you legal information to orient you — not legal advice — and creates no lawyer-client relationship. The line is live now: call any time and ask our AI assistant as many questions as you like. A paid consultation service with a Manitoba-licensed criminal lawyer is coming soon.

Are you a Manitoba impaired-driving lawyer? Join our network.

We're building a network of Manitoba criminal lawyers ahead of launching a paid lawyer-consultation service. Every day worried, time-pressed Manitoba drivers — facing both a Criminal Code s.320.14 charge in the Provincial Court of Manitoba and an immediate MPI licence suspension — call our free line for plain-English legal information. If you're a Manitoba-licensed lawyer who defends impaired-driving and 'over 80' charges and advises on the interlock, Driver Safety Rating and reinstatement process, we'd like to send qualified, ready-to-consult clients your way once the consultation service goes live. This is a referral path for vetted lawyers, separate from the free client line above. Reach out to learn how to join.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

Charged With Impaired Driving or 'Over 80' in Manitoba? Two Cases Just Started at Once.