An impaired-driving arrest in Nova Scotia sets off two separate proceedings at the same time — a criminal charge under the federal Criminal Code (s.320.14), heard in the Provincial Court of Nova Scotia, and a provincial administrative licence suspension imposed by the Registry of Motor Vehicles under the Motor Vehicle Act, which does not wait for a judge. Most people don't realise that the officer hands you a 7-day temporary licence at the roadside, and when those 7 days run out your driving is suspended for the next 3 months — regardless of how the criminal case turns out. You don't have to untangle this alone. Our free legal-information line answers when you call and gives you a calm, plain-English answer about what each track means and what to do first — ask as many questions as you like. This is legal information to orient you — not legal advice, and no lawyer-client relationship is formed.
Free legal information. Not legal advice. Available 24/7 across Nova Scotia.
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 Nova Scotia, and a conviction brings a mandatory minimum $1,000 fine and a one-year national driving prohibition even on a first offence. (2) The provincial side is administrative and runs separately: under Nova Scotia's Motor Vehicle Act the Registry of Motor Vehicles (Service Nova Scotia) suspends your driving for 3 months once a criminal impaired charge is laid. The police officer gives you a 7-day temporary licence at the roadside so you can arrange other transport, and the 3-month suspension begins when those 7 days end. That suspension runs no matter what later happens in court. Before your licence can be reinstated you must complete a designated alcohol rehabilitation program, and repeat or high-risk drivers face the mandatory Alcohol Ignition Interlock Program. Our free line walks you through both tracks — call any time and ask as many questions as you like.
Here is what blindsides almost everyone: in Nova Scotia your driving is gone within days of the stop, long before any finding of guilt. When you are criminally charged with impaired operation, the officer hands you a 7-day temporary licence at the roadside so you can arrange other transport — and the moment those 7 days end, the Registry of Motor Vehicles suspends your driving for the next 3 months under the Motor Vehicle Act, entirely separately from the federal criminal charge and without waiting for your day in the Provincial Court of Nova Scotia. People assume that if they fight the charge their licence is safe in the meantime. It isn't: the 3-month suspension runs regardless. You can apply to the Registrar of Motor Vehicles to have the administrative suspension reviewed, but you have to act — pay the fee, file the application, and hand in your licence. Our free line can explain both clocks in plain English — just call and ask.
If you can't afford a private lawyer, these Nova Scotia and Canadian resources can help with the criminal case, free legal information, or finding reduced-fee counsel. Note that Nova Scotia Legal Aid covers the criminal charge — not the provincial licensing/Registry of Motor Vehicles 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.
I was just charged with impaired driving or 'over 80' in Nova Scotia — 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 Nova Scotia, and a provincial administrative licence suspension imposed by the Registry of Motor Vehicles under the Motor Vehicle Act. On a criminal impaired charge the officer gives you a 7-day temporary licence, and when it runs out your driving is suspended for the next 3 months — no matter what later happens in court. Our free line can explain both tracks in plain English — just call and ask as many questions as you like.
Why is impaired driving federal law but my licence is dealt with by Nova Scotia?
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, so Nova Scotia's Motor Vehicle Act controls the administrative suspension, the rehabilitation requirement, the interlock program, and reinstatement, all run through the Registry of Motor Vehicles. The criminal court can't restore your licence, and the Registry 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 we'll explain how the reading affects your case.
Will I really lose my licence before I've been to court?
Yes. Under Nova Scotia's Motor Vehicle Act, when you're criminally charged with impaired operation the officer gives you a 7-day temporary licence, and when those 7 days end the Registry of Motor Vehicles suspends your driving for the next 3 months — before any trial and regardless of how the criminal charge is eventually resolved. It's one of the most common surprises. You can apply to the Registrar to have the administrative suspension reviewed, but you have to act. Our hotline can explain what the suspension means and what comes next.
What's the penalty for a first impaired-driving conviction in Nova Scotia?
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 one-year national driving prohibition. Before your licence is reinstated you must complete a designated alcohol rehabilitation program and pay the reinstatement fee ($124.60 for an alcohol-related revocation). 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)?
It's the band below the criminal 0.08 threshold — 50 to 80 mg of alcohol in 100 mL of blood. A warn-range reading isn't a Criminal Code charge, but Nova Scotia imposes an immediate roadside suspension under the Motor Vehicle Act: 7 days for a first occurrence, 15 days for a second, and 30 days for a third or subsequent occurrence within a 10-year period, plus a $91.42 reinstatement fee each time. 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 provincial suspension and reinstatement consequences. Police can also demand a roadside breath sample without first needing a specific suspicion (mandatory alcohol screening). Refusing rarely helps and usually hurts. Call our free line to understand exactly where a refusal leaves you.
What is the ignition interlock program, and will I have to use it?
Nova Scotia's Alcohol Ignition Interlock Program requires a device wired into your vehicle that needs a clean breath sample before the engine will start and at intervals while you drive. It is mandatory for repeat offenders, high-risk drivers, and certain other cases, and the driver generally pays the costs. Whether and for how long it applies depends on your record. Our hotline can explain how the interlock requirement fits your situation.
Do I have to do a rehabilitation or education program to get my licence back?
Usually yes. If your licence has been revoked for a first, second or third alcohol-related driving offence, Nova Scotia requires you to complete a designated alcohol rehabilitation program (run through Addiction Services) before you are entitled to reinstatement — on top of the reinstatement fee. It is part of the provincial Registry process, separate from the criminal sentence. Our hotline can point you to what's required.
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, s.36). Because how a charge is resolved matters, it's worth getting advice early. Call our free line and we can point you to the right help.
Does a prior impaired-driving incident from years ago still count against me?
It can. For warn-range roadside suspensions, Nova Scotia looks back 10 years when deciding whether an occurrence is a first, second or third, which escalates the suspension from 7 to 15 to 30 days. On the criminal side, the federal Criminal Code minimum jail terms 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 — just call and ask as many questions as you like. It gives you legal information to orient you — not legal advice — and creates no lawyer-client relationship. It's not a law firm and not legal aid. A paid consultation with a Nova Scotia-licensed criminal lawyer is coming soon; for now the free line answers your questions.
We're building our network of Nova Scotia criminal lawyers ahead of launching paid consultations, to connect worried, time-pressed drivers — facing both a Criminal Code s.320.14 charge in the Provincial Court of Nova Scotia and a provincial licence suspension through the Registry of Motor Vehicles — with licensed local lawyers who handle impaired-driving cases. If you're a Nova Scotia-licensed lawyer who defends impaired-driving and 'over 80' charges and advises on the 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 client line above. Reach out to learn how to join.
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].
An impaired-driving charge in Nova Scotia doesn't wait — after a 7-day temporary licence your driving is suspended for 3 months by the Registry of Motor Vehicles under provincial law while a separate federal criminal case begins under Criminal Code s.320.14. You don't have to untangle the two tracks alone. Our free line answers when you call and gives you a calm, clear answer about what each one means and what to do first, from an AI assistant trained on Canadian and Nova Scotia law — ask as many questions as you like. It's legal information, not legal advice, and creates no lawyer-client relationship. A paid consultation with a Nova Scotia-licensed lawyer is coming soon; for now, call the free line any time.
Free legal information. Not legal advice.