NWT Impaired Driving & Over 80 — Free Legal Information

Impaired Driving in Northwest Territories — 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 Territorial Court of the Northwest Territories, and a conviction brings a mandatory minimum $1,000 fine and a national driving prohibition even on a first offence. (2) The territorial side is automatic and immediate: under the Northwest Territories' Motor Vehicles Act the Department of Infrastructure imposes an administrative licence suspension at the roadside, before any trial. A roadside reading of 0.05 or higher triggers an immediate 24-hour suspension (rising to 30 days for repeat occurrences), while a reading of 0.08 or more, or a refusal, triggers a 90-day administrative suspension. The territorial suspension runs no matter what later happens in court. Novice, probationary, young (under 22) and certain commercial drivers face zero tolerance — any alcohol or drug at all means a suspension. Our free line will walk you through both tracks — call now and ask our AI assistant whatever you need.

The law in Northwest Territories: Impaired Driving

Impaired driving in Canada is federal criminal law, uniform across every province and territory, but it is prosecuted and policed inside the Northwest Territories' own court and licensing systems — so the law that convicts you is national while the licence consequences are territorial. 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. Police also have the power of mandatory alcohol screening — they can demand a roadside breath sample without first needing a specific suspicion that you have been drinking.

These are hybrid offences — the Crown chooses to proceed summarily or by indictment — and in the Northwest Territories impaired-driving charges are heard in the Territorial Court of the Northwest Territories, which sits in Yellowknife and travels on circuit to communities across the territory; the most serious matters (such as impaired driving causing death) and indictable jury trials go to the Supreme Court of the Northwest Territories. 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 under s.320.15. A second conviction carries a minimum 30 days in jail; a third or subsequent, a minimum 120 days. Prosecuted by indictment, the offence carries a maximum of 10 years' imprisonment. A conviction also triggers a mandatory federal driving prohibition that bans you from driving anywhere in Canada — at least one year for a first offence, escalating for repeats.

Running alongside the criminal charge is the Northwest Territories' own administrative scheme under the Motor Vehicles Act (RSNWT 1988, c. M-16), administered by the Department of Infrastructure, which does not wait for a court. If a police officer has reasonable grounds to believe you have driven after consuming alcohol or a drug, your licence can be suspended on the spot. A roadside reading of 0.05 or higher (the 'warn range', below the criminal 0.08 threshold) brings an immediate 24-hour administrative suspension for a first occurrence, escalating to a 30-day suspension for a repeat. A reading of 0.08 or more, or a refusal to provide a sample, brings a 90-day administrative licence suspension — separate from, and on top of, any criminal penalty. Novice and probationary drivers, drivers under 22, and certain commercial drivers are held to a zero-tolerance standard: any presence of alcohol or drugs results in a suspension.

None of the territorial consequences are automatic to reverse — reinstatement runs through the Department of Infrastructure, and a criminal record for impaired driving can affect employment, insurance, and your ability to enter the United States. In a territory where a single drink-driving charge in a small community can mean waiting for the circuit court to next fly in, getting oriented early matters.

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 / s.320.24 — mandatory minimum fines, escalating jail, and the national driving prohibition on conviction

Courts & Agencies

Territorial Court of the Northwest Territories — hears most impaired-driving and 'over 80' charges; sits in Yellowknife and on circuit to communities
Supreme Court of the Northwest Territories — the most serious matters (e.g. impaired causing death) and indictable jury trials
Department of Infrastructure (Motor Vehicles / Driver and Vehicle Services) — imposes the territorial roadside suspensions and runs licence reinstatement
RCMP ('G' Division) — the police of jurisdiction across the territory, who lay the charges and impose the roadside suspensions
Legal Aid Commission of the Northwest Territories — duty counsel and certificate coverage for the criminal charge

The Deadlines & Clocks People Miss

🚨 Roadside — the administrative licence suspension takes effect immediately, before any trial (24 hours at 0.05+, 90 days at 0.08+ or refusal)
24 hours / 30 days — a 0.05+ 'warn range' reading suspends you for 24 hours, rising to 30 days for a repeat occurrence
90 days — a reading of 0.08 or more, or a refusal, brings an immediate 90-day administrative suspension under the Motor Vehicles Act
First court date — your release paperwork or summons sets your first Territorial Court appearance; circuit-court scheduling can mean a wait
Two-hour rule — 'over 80' looks at your BAC within two hours after you stopped driving, not only at the wheel

The 90-Day Suspension That Starts Before You See a Judge

Here is what blindsides almost everyone: in the Northwest Territories your licence can be gone the same night, long before any finding of guilt. The instant you register 0.08 or higher, fail a sobriety test, or refuse, the Department of Infrastructure imposes an immediate 90-day administrative licence suspension under the Motor Vehicles Act — a territorial action that runs entirely separately from the federal criminal charge and does not wait for your day in the Territorial Court. Even a 'warn range' reading of 0.05 to 0.079 carries an on-the-spot 24-hour suspension, rising to 30 days if you've been there before. People assume that if they fight the charge their licence is safe in the meantime. It isn't: the administrative suspension runs regardless. And in a territory served partly by a circuit court that travels community to community, the gap between the roadside suspension and your first court date can be long. Our free line can explain both clocks in plain English — call now and ask our AI assistant as many questions as you like.

Likely outcomes & penalties

Every impaired-driving case in the Northwest Territories turns on its own facts — your breath reading, whether it's a first or repeat occurrence, whether anyone was hurt, and how the stop and testing were conducted. These are the statutory ranges set by the Criminal Code and the Motor Vehicles 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 of at least one year. The territorial Motor Vehicles Act suspension runs separately, and reinstatement is handled by the Department of Infrastructure.

Territorial roadside consequences (immediate)

A 24-hour administrative licence suspension for a 0.05+ 'warn range' reading (30 days for a repeat occurrence), or a 90-day administrative suspension for a reading of 0.08 or more or a refusal — imposed at the roadside under the Motor Vehicles Act, independent of the criminal case, plus reinstatement steps through the Department of Infrastructure.

Second conviction

A mandatory minimum 30 days in jail, a longer federal driving prohibition, and steep insurance and reinstatement costs. The criminal minimums under s.320.19 climb sharply once it is a second offence, on top of the territorial licence consequences.

Third+ conviction, or impaired causing bodily harm/death

A third conviction carries a minimum 120 days in jail. Impaired operation causing bodily harm or death is indictable and far more serious — heard in the Supreme Court of the Northwest Territories, with potential penitentiary time and, for causing death, a maximum of life imprisonment. Prosecuted by indictment, the basic offence already carries up to 10 years.

Mistakes to avoid

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Assuming that fighting the criminal charge protects your licence in the meantime — the administrative suspension under the Motor Vehicles Act is automatic and runs regardless of what happens in the Territorial Court.

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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', carrying the highest minimum fine and the same 90-day territorial suspension.

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Thinking a 'warn range' reading under 0.08 carries no consequence — a reading of 0.05 or higher still brings an immediate 24-hour suspension at the roadside, and 30 days for a repeat.

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Forgetting the zero-tolerance rule for novice, probationary, under-22 and certain commercial drivers — for them any alcohol or drug at all means a suspension, with no 'warn range' buffer.

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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 — no income test and no web maze. Our AI assistant answers live, explains your situation in plain English, in your language, and you can ask as many questions as you like.

Talk through both tracks with an assistant trained on Canadian and Northwest Territories law. It understands the federal Criminal Code s.320.14 charge, the territorial 24-hour, 30-day and 90-day Motor Vehicles Act suspensions, the zero-tolerance rules, and the circuit-court reality of the territory — and walks you through your first moves. This is legal information, not legal advice, and creates no lawyer-client relationship.

Looking to speak with a Northwest Territories impaired-driving lawyer? A paid consultation service with an NWT-licensed criminal lawyer who handles both the court case and the licensing side is coming soon. For now, our free line gives you general legal information to get oriented.

Free & low-cost Impaired Driving help in Northwest Territories

If you can't afford a private lawyer, these Northwest Territories and Canadian resources can help with the criminal case, free legal information, or finding reduced-fee counsel. Note that the Legal Aid Commission's duty counsel and certificates cover the criminal charge — not the territorial licensing process run by the Department of Infrastructure, 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 Commission of the Northwest Territories

The territory's public legal-aid body, under the GNWT Department of Justice. If you meet the financial test it can issue a certificate to cover a private criminal lawyer, and duty counsel give advice at criminal court. It covers criminal charges (including impaired driving) but not the Department of Infrastructure licensing side. Reach the Yellowknife office on (867) 767-9361, toll-free 1-844-835-8050.

The Law Society of the Northwest Territories

The governing body for lawyers in the NWT. Its public-facing pages help you find an NWT-licensed lawyer and explain legal-aid options. A reliable starting point for locating local impaired-driving counsel in Yellowknife and beyond.

NWT Department of Infrastructure — Impaired Driving

The official territorial government page setting out the administrative roadside suspensions for impaired driving — the 24-hour and 30-day 'warn range' suspensions, the 90-day suspension for 0.08+ or refusal, and the zero-tolerance rules — and the Driver and Vehicle Services that handle reinstatement.

Motor Vehicles Act, RSNWT 1988, c. M-16 (CanLII)

The full text of the territorial statute behind the administrative licence suspensions, free on CanLII. The authoritative source if you want to read the suspension and disqualification provisions yourself.

FAQ — Impaired Driving in Northwest Territories

I was just charged with impaired driving or 'over 80' in the Northwest Territories — 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 Territorial Court of the Northwest Territories, and an automatic territorial licence suspension imposed at the roadside by the Department of Infrastructure under the Motor Vehicles Act. The territorial suspension — 24 hours at 0.05+ (30 days for a repeat), or 90 days at 0.08+ or on a refusal — 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 the Northwest Territories?

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 territorial matter, so the NWT's Motor Vehicles Act controls the immediate administrative licence suspension and reinstatement, administered by the Department of Infrastructure. The criminal court can't restore your licence, and the Department of Infrastructure 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 NWT Motor Vehicles Act, the moment you register 0.08 or higher, fail a sobriety test, or refuse, the Department of Infrastructure imposes an immediate 90-day administrative licence suspension — before any trial and regardless of how the criminal charge is eventually resolved. Even a 'warn range' reading of 0.05 to 0.079 brings an on-the-spot 24-hour suspension (30 days for a repeat). 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 the Northwest Territories?

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 of at least one year. That is separate from the territorial Motor Vehicles Act suspension, which runs on its own track through the Department of Infrastructure. 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) in the NWT?

It's the band below the criminal 0.08 threshold. A reading of 0.05 to 0.079 isn't a Criminal Code charge, but under the NWT Motor Vehicles Act it brings an immediate administrative suspension: 24 hours for a first occurrence, rising to 30 days for a repeat. It's imposed at the roadside by the police and administered by the Department of Infrastructure. Novice, probationary, under-22 and certain commercial drivers don't even get this buffer — they face zero tolerance. 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) and the same automatic 90-day territorial suspension. Police can also demand a roadside sample through mandatory alcohol screening without first suspecting you of drinking. Refusal rarely helps and usually hurts. Call our free line to understand exactly where it leaves you.

I'm a new or young driver — are the rules different for me?

Yes, and they're stricter. In the Northwest Territories, novice and probationary drivers, drivers under 22, and certain commercial drivers are held to a zero-tolerance standard: any presence of alcohol or drugs in your system results in a licence suspension, with no 0.05 'warn range' buffer. The federal Criminal Code charges still apply on top if you're at or over the criminal limits. Our hotline can explain how the zero-tolerance rule affects your situation.

How does the circuit court work in the Northwest Territories?

The Territorial Court of the Northwest Territories sits in Yellowknife and also travels on circuit to communities across the territory, so in a smaller community your first court date may depend on when the court next flies in. The roadside licence suspension under the Motor Vehicles Act, however, takes effect immediately and doesn't wait for that date. This gap between the territorial suspension and the criminal court date is something many people don't expect — our hotline can help you understand the timeline.

Can an impaired-driving 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 the federal Immigration and Refugee Protection Act (s.36). Because how a charge is resolved matters, it's worth getting oriented early. Call our free line and our AI assistant can point you to the right help.

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. Our AI assistant answers live when you call, and you can ask as many questions as you like. It gives you legal information to orient you — not legal advice — and creates no lawyer-client relationship. If you then want a lawyer, a paid consultation service with an NWT-licensed criminal lawyer is coming soon.

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

We're building a network of Northwest Territories criminal lawyers ahead of launching a paid lawyer-consultation service. Every day worried, time-pressed NWT drivers — facing both a Criminal Code s.320.14 charge in the Territorial Court and an immediate territorial licence suspension under the Motor Vehicles Act — call our free line for information. If you're an NWT-licensed lawyer who defends impaired-driving and 'over 80' charges and advises on the territorial suspension and reinstatement process, we'd like to send qualified, ready-to-consult clients your way once the paid 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 the Northwest Territories? Two Cases Just Started at Once.