New Brunswick Impaired Driving & Over 80

Impaired Driving in New Brunswick — what to do right now

Understand what changed and what you're facing. New Brunswick's 1 January 2025 reforms to the Motor Vehicle Act created an Immediate Roadside Suspension program — a provincial, administrative consequence an officer can hand out at the scene, separate from any criminal charge. (1) If your reading is in the 'warn range' of 0.05 to 0.079, you get an immediate 7-day licence suspension, your vehicle is impounded for at least 3 days, and you pay a $200 penalty — escalating to a 15-day suspension for a second occurrence and a 30-day suspension (with a higher $230 reinstatement fee and a mandatory re-education course) for a third within five years. (2) If your reading is 0.08 or over, or you refuse to provide a breath sample, the roadside suspension is 90 days (three months), your vehicle is impounded for at least 30 days, and you must drive with an ignition interlock device for 12 months. (3) Separately, the federal Criminal Code s.320.14 charge — if the officer lays one, or is required to — runs in the Provincial Court of New Brunswick and carries a mandatory minimum $1,000 fine and a national driving prohibition on conviction. You have 15 days to ask the Registrar of Motor Vehicles to review a roadside suspension. Our free AI legal-information line can walk you through both tracks — call now and ask as many questions as you like.

The law in New Brunswick: Impaired Driving

Impaired driving in Canada is federal criminal law, uniform across every province and territory, but in New Brunswick it now sits beside a powerful provincial roadside scheme — so the law that can convict you is national while the licence and vehicle consequences are increasingly handled by the province on the spot. The governing criminal offence is Criminal Code section 320.14(1), modernised by Parliament in December 2018. It creates several 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; and (c)/(d) being over the prescribed blood-drug concentration or a combined alcohol-and-drug limit. Each is a separate offence, and the Crown commonly lays both 'impaired' (a) and 'over 80' (b) from one arrest. Refusing or failing to comply with a lawful breath, blood or sobriety demand is its own offence under s.320.15.

These are hybrid offences — the Crown chooses to proceed summarily or by indictment — and most impaired-driving and 'over 80' charges in New Brunswick are heard in the Provincial Court of New Brunswick, the busy front-line criminal court; the Court of King's Bench handles the most serious indictable matters, such as impaired driving causing death. On a first conviction the Criminal Code (s.320.19) 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. A second conviction carries a minimum 30 days in jail; a third or subsequent, a minimum 120 days. The most serious indictable cases carry a maximum of up to 10 years' imprisonment (life where death is caused). A conviction also triggers a mandatory national driving prohibition that bans you from driving anywhere in Canada.

What is new in New Brunswick is the provincial layer. Since 1 January 2025, amendments to the Motor Vehicle Act let police issue an Immediate Roadside Suspension (IRS) without going to court, and give officers discretion to choose a roadside suspension, a criminal charge, or both. Below the criminal threshold, a 'warn range' reading of 0.05 to 0.079 (or poor performance on a Standard Field Sobriety Test) now triggers an immediate 7-day licence suspension, at least a 3-day vehicle impoundment and a $200 penalty for a first occurrence — climbing to a 15-day suspension for a second and a 30-day suspension for a third within five years, the latter adding a $230 reinstatement fee and a mandatory impaired-driver re-education course. At or above 0.08, or on a refusal, the IRS is far heavier: a 90-day (three-month) licence suspension, a vehicle impoundment of at least 30 days, and a mandatory 12-month ignition interlock requirement — all imposed administratively, on top of any Criminal Code charge that may also be laid.

Two things to hold onto. First, the roadside suspension and the criminal charge are separate: the province can suspend your licence at the scene whether or not you are ever convicted of anything in the Provincial Court. Second, you have a short window — 15 days from the start of the suspension — to ask the Registrar of Motor Vehicles to review an IRS of seven days or more; the review can be in writing or by oral hearing, it carries a prescribed fee, and filing it does not pause the suspension while it is decided. A criminal record for impaired driving can also affect employment, insurance, and the ability to enter the United States.

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 ($1,000+) and escalating jail terms on conviction; up to 10 years on indictment

Provincial Law (New Brunswick Motor Vehicle Act, from 1 Jan 2025)

Immediate Roadside Suspension (IRS) — a provincial, administrative suspension an officer can impose at the scene without a court hearing
Warn range 0.05–0.079 — immediate 7-day suspension, at least 3-day impoundment and a $200 penalty (first occurrence)
0.08 or over, or refusal — 90-day (three-month) suspension, at least 30-day impoundment, and a 12-month ignition interlock requirement
Police discretion — an officer may issue a roadside suspension, lay a Criminal Code charge, or do both
Registrar of Motor Vehicles review — 15 days to challenge an IRS of seven days or more (review does not pause the suspension)

Courts & Agencies

Provincial Court of New Brunswick — hears most impaired-driving and 'over 80' charges (first appearance through trial and sentencing)
Court of King's Bench of New Brunswick — the most serious indictable matters, such as impaired driving causing death
Registrar of Motor Vehicles / Service New Brunswick — imposes and reviews the provincial roadside suspension and runs reinstatement
Alcohol Ignition Interlock Program — administers the mandatory 12-month interlock at the 0.08+ / refusal level
Impaired-driver re-education course — required before reinstatement at the higher tiers

The Deadlines & Clocks People Miss

🚨 Roadside — the IRS (7-day warn range, or 90-day at 0.08+/refusal) and vehicle impoundment take effect immediately, before any trial
15 days — the window to ask the Registrar of Motor Vehicles to review a roadside suspension of seven days or more
First court date — if a criminal charge is laid, your release paperwork or summons sets your first Provincial Court appearance; attendance is mandatory
5-year look-back — for the warn-range tiers, a prior occurrence within five years escalates the suspension (7 → 15 → 30 days)
Two-hour rule — 'over 80' looks at your BAC within two hours after you stopped driving, not only at the wheel

The 90-Day Roadside Suspension That Lands Before You See a Judge

Here is what blindsides almost everyone since New Brunswick's new rules came in on 1 January 2025: your licence can be gone the same night, by a police officer's hand, long before any finding of guilt. If you blow 0.08 or higher or refuse a breath demand, an officer can impose an immediate 90-day (three-month) provincial licence suspension under the Motor Vehicle Act, impound your vehicle for at least 30 days, and require a 12-month ignition interlock — all administratively, and all separate from whatever happens with a criminal charge. People assume that if they fight the charge their licence is safe in the meantime. It isn't: the roadside suspension stands on its own. There is a narrow escape hatch, but it is narrow — you have just 15 days to ask the Registrar of Motor Vehicles to review the suspension, the review carries a fee, and filing it does not pause the suspension while it is decided. Even a 'warn range' reading of 0.05 to 0.079, which is not a criminal charge at all, now means an immediate 7-day suspension, a vehicle impoundment of at least 3 days, and a $200 penalty. Our free AI legal-information line can explain both clocks in plain English — call now and ask as many questions as you like.

Likely outcomes & penalties

Every impaired-driving case in New Brunswick turns on its own facts — your breath reading, whether it's a first or repeat occurrence within the relevant window, whether anyone was hurt, whether a child under 16 was in the car, and how the stop and testing were conducted. These are the statutory ranges set by the Criminal Code and New Brunswick's Motor Vehicle Act, not predictions about your case.

Warn range 0.05–0.079 (provincial, no criminal charge)

An immediate 7-day licence suspension, a vehicle impoundment of at least 3 days, and a $200 penalty for a first occurrence. A second occurrence within five years means a 15-day suspension; a third, a 30-day suspension plus a $230 reinstatement fee and a mandatory impaired-driver re-education course. This is administrative — it avoids a criminal record but still takes your licence on the spot.

0.08+ or refusal — provincial roadside consequences (immediate)

An immediate 90-day (three-month) licence suspension, a vehicle impoundment of at least 30 days, and a mandatory 12-month ignition interlock requirement — imposed at the roadside under the Motor Vehicle Act, independent of any criminal case, plus reinstatement fees and a re-education course before your licence is restored.

First criminal 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 one-year national driving prohibition — heard in the Provincial Court of New Brunswick. This is on top of, not instead of, any provincial roadside suspension already imposed.

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

A second conviction carries a minimum 30 days in jail and a longer prohibition; a third, a minimum 120 days. Impaired operation causing bodily harm or death is indictable and far more serious — it can be heard in the Court of King's Bench, with potential penitentiary time and, for causing death, a maximum of life imprisonment. New Brunswick also requires police to lay criminal charges where a passenger under 16 is in the vehicle.

Mistakes to avoid

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Assuming that fighting the criminal charge protects your licence in the meantime — since 1 January 2025 the provincial roadside suspension (7 days in the warn range, 90 days at 0.08+) is imposed at the scene and stands on its own, regardless of what happens in the Provincial Court.

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Missing the 15-day window to ask the Registrar of Motor Vehicles to review a roadside suspension — once that short period passes, the avenue to challenge the administrative suspension is gone, and filing it never pauses the suspension while it's decided.

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Refusing the breath or sobriety test thinking it helps — refusal is its own offence under s.320.15, carries the highest minimum fine ($2,000), and triggers the same 90-day roadside suspension, 30-day impoundment and 12-month interlock as blowing 0.08 or over.

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Treating a 'warn range' reading as nothing — 0.05 to 0.079 is below the criminal line, but in New Brunswick it now means an immediate 7-day suspension, at least a 3-day impoundment and a $200 penalty, escalating with prior occurrences in the past five years.

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

How it works

Call our free AI legal-information line — free, with no income test and no web maze. It answers live and explains your situation in plain English, in your language, across every province and territory including Quebec.

Talk through both tracks with an AI assistant trained on Canadian and New Brunswick law. It understands the federal Criminal Code s.320.14 charge heard in the Provincial Court, the province's 1 January 2025 Immediate Roadside Suspension regime (warn-range and 0.08+ tiers, impoundment and interlock), and the 15-day Registrar review window — and walks you through your first moves. Ask as many questions as you like. This is legal information, not legal advice, and creates no lawyer-client relationship.

A paid consultation with a New Brunswick impaired-driving lawyer is coming soon. We're building a network of New Brunswick-licensed criminal lawyers who handle both the court case and the licensing side, ready to help if your situation calls for representation once the service goes live. For now, the AI line gives you free general information to orient you.

Free & low-cost Impaired Driving help in New Brunswick

If you can't afford a private lawyer, these New Brunswick and Canadian resources can help with the criminal case, free legal information, or finding reduced-fee counsel. Note that legal aid's duty counsel and certificates cover the criminal charge — not the provincial roadside-suspension and Registrar-review 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.

New Brunswick Legal Aid Services Commission

New Brunswick's public legal-aid body. Anyone arrested or detained can call to speak with a lawyer by phone 24/7 with no income test, and free duty counsel give same-day advice at criminal court. If you meet the financial test, legal aid may cover a lawyer for the criminal charge — not the provincial licensing/roadside side.

Duty Counsel — NB Legal Aid Services Commission

Duty counsel is a lawyer who can help you on the day of your court appearance — giving advice and explaining the process at the courthouse — with no financial eligibility criteria and no cost to access. They do not become your lawyer for the rest of the case, but they are a valuable first point of contact.

PLEIS-NB (Public Legal Education and Information Service of New Brunswick)

A non-profit that helps New Brunswickers understand the law, with free bilingual legal information and a toll-free Legal Information Line. A reliable place to read up on criminal procedure and your rights, and to be pointed to sources of free or low-cost legal help.

PLEIS-NB — Getting legal help / Legal aid in New Brunswick

PLEIS-NB's plain-language guide to how legal aid works in New Brunswick, who qualifies, and where else to turn for help — a useful map of the system before your court date.

Law Society of New Brunswick — find a lawyer

The Law Society maintains a public directory of practising New Brunswick lawyers, searchable by name, location, area of practice and language — useful for finding a local criminal lawyer who handles impaired-driving cases. The Law Society does not endorse or guarantee any lawyer's competence in a given area.

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 New Brunswick

I was just charged or suspended for impaired driving or 'over 80' in New Brunswick — what's the first thing to understand?

That since 1 January 2025 you may be facing two separate things from one stop: a provincial Immediate Roadside Suspension imposed by the officer under the Motor Vehicle Act, and possibly a federal criminal charge under Criminal Code s.320.14 in the Provincial Court of New Brunswick. The roadside suspension takes effect immediately — 7 days in the warn range, or 90 days at 0.08 or over — and runs regardless of what happens with any criminal charge. You have just 15 days to ask the Registrar of Motor Vehicles to review the suspension. Our free AI legal-information line can explain both tracks in plain English — call now and ask as many questions as you like.

What changed in New Brunswick on 1 January 2025?

New Brunswick amended its Motor Vehicle Act to create an Immediate Roadside Suspension (IRS) program. Police can now suspend a driver's licence and impound the vehicle at the roadside, administratively, without going to court — and an officer has discretion to issue a roadside suspension, lay a criminal charge, or both. The goal was to get impaired drivers off the road immediately and, in lower-level cases, to avoid the criminal-court backlog while still imposing real consequences. It does not replace the federal Criminal Code charge; it sits alongside it.

What happens if I'm in the 'warn range' of 0.05 to 0.079?

That's below the criminal 0.08 line, so it isn't a Criminal Code charge — but in New Brunswick it now carries an immediate provincial penalty. For a first occurrence: a 7-day licence suspension, a vehicle impoundment of at least 3 days, and a $200 penalty. A second occurrence within five years is a 15-day suspension; a third is a 30-day suspension plus a $230 reinstatement fee and a mandatory impaired-driver re-education course. Our free AI legal-information line can explain where a warn-range reading leaves you.

What happens if I blow 0.08 or higher, or refuse the test?

At 0.08 or over, or on a refusal, New Brunswick's roadside regime imposes an immediate 90-day (three-month) licence suspension, a vehicle impoundment of at least 30 days, and a mandatory 12-month ignition interlock requirement — all administratively, under the Motor Vehicle Act. On top of that, the officer can lay a federal Criminal Code charge that proceeds in the Provincial Court. Refusing is treated at least as seriously as blowing over. Call our free AI legal-information line and we'll explain how the two consequences stack.

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

Because Canada's impaired-driving offences live in the federal Criminal Code (s.320.14), the same in every province — but driver licensing is a provincial matter, so New Brunswick's Motor Vehicle Act controls the roadside suspension, the vehicle impoundment, the ignition interlock and reinstatement. The criminal court can't restore your licence, and the Registrar of Motor Vehicles can't decide your guilt. Since 2025 they run on parallel tracks more visibly than ever. Our free AI legal-information line can break down both for your situation.

Can I challenge the roadside suspension, and how long do I have?

Yes — you can ask the Registrar of Motor Vehicles to review an Immediate Roadside Suspension of seven days or more, but you must apply within 15 days of the start of the suspension. The review can be done in writing or by an oral hearing, it carries a prescribed fee, and the burden is on you to show why the suspension shouldn't stand. Importantly, filing the review does not pause the suspension while it's being decided. Our free AI legal-information line can explain the review process before that short window closes.

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

A first conviction under Criminal Code 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 one-year national driving prohibition. That is separate from, and on top of, any provincial roadside suspension already imposed. The exact outcome depends on your facts — call our free AI legal-information line for a plain-English read.

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) and triggers the same 90-day provincial roadside suspension, 30-day impoundment and 12-month interlock. It rarely helps and usually hurts. Call our free AI legal-information line to understand exactly where a refusal leaves you.

Does a prior impaired-driving incident still count against me?

It can. For New Brunswick's warn-range roadside tiers, the province looks back five years, so a prior occurrence in that window escalates a new suspension (7 days to 15 to 30). On the criminal side, the federal Criminal Code minimum jail terms climb on a second (30 days) and third (120 days) conviction, and prior impoundment-related counts can lengthen a later impoundment. The date math matters — our free AI legal-information line can help you understand where a prior leaves you.

Can an impaired-driving charge affect my immigration status or travel to the US?

It can. A criminal conviction for impaired driving 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 the federal Immigration and Refugee Protection Act (s.36). Because how a charge is resolved matters, it's worth getting advice early. Call our free AI legal-information line and we can point you to the right help.

How much does it cost to call your free AI legal-information line?

Nothing. The service is free, with no income test and no web form to wrestle with. Our AI assistant answers live when you call and you can ask as many questions as you like, across every province and territory including Quebec. It gives you legal information to orient you — not legal advice — and creates no lawyer-client relationship. A paid consultation with a New Brunswick-licensed criminal lawyer is coming soon, but for now the free AI line is here to help.

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

We're building a network of New Brunswick-licensed criminal lawyers ahead of launching a paid lawyer-consultation service for worried, time-pressed New Brunswick drivers — people facing both a possible Criminal Code s.320.14 charge in the Provincial Court and an immediate provincial roadside suspension under the 2025 Motor Vehicle Act rules. If you're a New Brunswick-licensed lawyer who defends impaired-driving and 'over 80' charges and advises on the roadside-suspension review, interlock and reinstatement process, we'd like to send qualified, ready-to-consult clients your way once the service goes live. This is a referral path for vetted lawyers, separate from the free AI legal-information 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 New Brunswick? A New Roadside Regime Changed Everything in 2025.