Nunavut Impaired Driving & Over 80 — Free Legal Information

Impaired Driving in Nunavut — 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, the same across every province and territory, and in Nunavut it is heard in the Nunavut Court of Justice, Canada's only single-level 'unified' court (one court handles everything other places split between provincial and superior courts). A first conviction brings a mandatory minimum $1,000 fine and a one-year national driving prohibition. (2) The territorial side is separate and immediate: under Nunavut's Traffic Safety Act a roadside reading of 0.05 or more triggers an immediate 24-hour licence suspension, and the vehicle is typically impounded. Where the driver has a prior suspension, disqualification or prohibition in Nunavut, a province or another territory, that roadside suspension is far longer — up to 90 days. A blood-alcohol concentration of 0.08 or more, or a refusal, also leads to the federal criminal charge. Our free hotline can walk you through both tracks — call now and ask the AI assistant as many questions as you like.

The law in Nunavut: Impaired Driving

Impaired driving in Canada is federal criminal law, uniform across every province and territory, but it is prosecuted and policed inside each jurisdiction's own court and licensing systems — so in Nunavut the law that convicts you is national, while the licence and vehicle 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 is a separate offence, and the Crown commonly lays both 'impaired' (a) and 'over 80' (b) from the same arrest. A separate offence under s.320.15 covers refusing or failing to comply with a lawful breath, blood or sobriety-test demand, and since 2018 police may make a mandatory alcohol-screening demand at a lawful stop without first needing a suspicion you have been drinking.

In Nunavut these charges are prosecuted by the Public Prosecution Service of Canada and heard in the Nunavut Court of Justice. That court is unusual: created when the territory was formed in 1999, it is Canada's only 'unified' single-level trial court, so the same judges hear everything from a first-offence impaired charge to the most serious indictable matters — there is no separate provincial court below a superior court as there is elsewhere. The court sits in Iqaluit and travels on circuit to communities across the territory.

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. A conviction also triggers a mandatory federal driving prohibition — at least one year for a first offence, two years for a second, and three years for a third — that bans you from driving anywhere in Canada. Where the Crown proceeds by indictment, impaired operation (with no injury) carries a maximum of 10 years' imprisonment; impaired operation causing bodily harm or death is far more serious, with causing death carrying a maximum of life imprisonment.

Running alongside the criminal charge is Nunavut's own administrative scheme under the Traffic Safety Act — the territorial statute that replaced the former Motor Vehicles Act and came into force on 31 December 2018. It does not wait for a court. A roadside reading of 0.05 or more leads to an immediate 24-hour licence suspension for a driver with no prior suspension, disqualification or prohibition; for a driver who has been subject to a previous suspension, disqualification or prohibition in Nunavut, a province or another territory, the roadside suspension is much longer, up to 90 days. The Act also sets a zero blood-alcohol limit for novice drivers. We state only the figures the statute and the Government of Nunavut confirm — the 24-hour roadside suspension, the longer repeat-driver suspension, and the federal criminal track. If your exact suspension length matters, the Motor Vehicles office and a Nunavut lawyer can confirm it against your record; we will not guess at numbers we cannot verify.

One practical reality shapes everything here: Nunavut has no inter-community road network. Most of its 25 communities are not connected by road to each other or to anywhere else, vehicle traffic is concentrated in towns like Iqaluit and Rankin Inlet, and there is no Motor Vehicles counter in many hamlets — licensing is handled through Service Nunavut and travelling staff. That changes what an enforcement stop, an impoundment, and a licence suspension look like on the ground, and it is part of why getting a clear, plain-English answer 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 — mandatory minimum fines ($1,000 / $1,500 / $2,000) and the jail minimums (30 / 120 days)

Courts & Agencies

Nunavut Court of Justice — Canada's only single-level 'unified' court; hears all impaired-driving and 'over 80' charges, from first appearance through trial and sentencing
Public Prosecution Service of Canada (PPSC) — prosecutes Criminal Code charges, including impaired driving, in Nunavut
Motor Vehicles (Government of Nunavut, Economic Development & Transportation) — imposes the Traffic Safety Act roadside suspension and runs licence reinstatement
Royal Canadian Mounted Police (RCMP) — the police service across Nunavut, conducting stops, screening demands and roadside suspensions
Legal Services Board of Nunavut — the territory's legal-aid plan, with criminal-law clinics across the three regions

The Deadlines & Clocks People Miss

🚨 Roadside — the Traffic Safety Act suspension (24 hours, or up to 90 days for a repeat driver) takes effect immediately, before any trial
First court date — your release paperwork or summons sets your first Nunavut Court of Justice appearance, often on a circuit court date; attendance is mandatory
Two-hour rule — 'over 80' looks at your BAC within two hours after you stopped driving, not only at the wheel
Mandatory screening — since 2018 police can demand a roadside breath sample at a lawful stop without first suspecting you of drinking
Refusal — declining a lawful breath or sobriety demand is its own offence under s.320.15, carrying the highest first-offence minimum fine

The Roadside Suspension That Starts Before You See a Judge

Here is what blindsides almost everyone: in Nunavut your licence can be gone at the roadside, long before any finding of guilt. Under the territorial Traffic Safety Act, a reading of 0.05 or more triggers an immediate 24-hour suspension for a first-time driver — and where you already have a prior suspension, disqualification or prohibition anywhere in Canada, that roadside suspension stretches to as long as 90 days. This is a territorial action that runs entirely separately from the federal criminal charge and does not wait for your day in the Nunavut Court of Justice. People assume that if they fight the criminal charge their licence is safe in the meantime. It isn't: the roadside suspension runs on its own clock. And because Nunavut's communities are spread across the territory with court arriving on circuit and no Motor Vehicles counter in many hamlets, sorting out a suspension and a court date can take real organising. Our free hotline can explain both tracks in plain English — call now and ask the AI assistant as many questions as you like.

Likely outcomes & penalties

Every impaired-driving case in Nunavut turns on its own facts — your breath reading, whether it's a first or repeat offence, whether anyone was hurt, and how the stop and testing were conducted. These are the statutory ranges set by the federal Criminal Code and Nunavut's Traffic Safety 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 one-year national driving prohibition. The conviction is registered in the Nunavut Court of Justice, and a separate territorial licence suspension and reinstatement process applies through Motor Vehicles.

Territorial roadside consequences (immediate)

Under the Traffic Safety Act, a roadside reading of 0.05 or more brings an immediate 24-hour licence suspension for a first-time driver, and up to a 90-day roadside suspension where the driver has a prior suspension, disqualification or prohibition in Nunavut, a province or another territory — independent of the criminal case, with the vehicle typically impounded and the driver liable for towing and impound costs.

Second conviction

A mandatory minimum 30 days in jail and a two-year federal driving prohibition, on top of a longer territorial licence suspension and reinstatement requirements. Repeat status also lengthens any future roadside Traffic Safety Act suspension.

Third+ conviction, or impaired causing bodily harm/death

A third conviction carries a minimum 120 days in jail and a three-year prohibition. Impaired operation causing bodily harm or death is indictable and far more serious — heard in the Nunavut Court of Justice as the superior court, 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 Traffic Safety Act roadside suspension is immediate and runs regardless of what happens in the Nunavut Court of Justice.

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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 first-offence minimum fine ($2,000) and a roadside suspension.

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Missing a circuit court date — in Nunavut the court travels to communities, and your appearance may be set for a specific circuit sitting; missing it can mean a warrant and added charges.

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Treating an impaired-driving charge as a minor traffic matter — 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.

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Driving while your roadside or court-ordered suspension is in force — driving while prohibited or suspended is a further offence and undermines any defence on the original charge.

How it works

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

Talk through both tracks with an assistant trained on Canadian and Nunavut law. It understands the federal Criminal Code s.320.14 charge prosecuted in the Nunavut Court of Justice, the territorial Traffic Safety Act roadside suspension, mandatory alcohol screening, and what the remote, circuit-court reality means for your next steps — and walks you through your first moves. This is legal information, not legal advice, and creates no lawyer-client relationship.

Get pointed to legal aid, and watch for paid lawyer consultations coming soon. The assistant can point you to the Legal Services Board of Nunavut's criminal-law clinics today, and a paid service to connect you with a Nunavut-licensed lawyer who handles impaired-driving cases is coming soon.

Free & low-cost Impaired Driving help in Nunavut

If you can't afford a private lawyer, these Nunavut and Canadian resources can help with the criminal case, free legal information, or finding a lawyer. The Legal Services Board of Nunavut's clinics cover the criminal charge for financially eligible Nunavummiut. 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 Services Board of Nunavut (Nunavut Legal Aid)

The territory's legal-aid plan, providing criminal, family and civil legal services to financially eligible Nunavummiut. Criminal legal aid is available to people charged with an eligible offence; you apply through a court worker at your nearest regional clinic. Clinics serve the Qikiqtani (Iqaluit), Kivalliq (Rankin Inlet) and Kitikmeot (Cambridge Bay) regions.

Maliiganik Tukisiiniakvik Legal Services (Qikiqtani region)

The Iqaluit-based regional legal-aid clinic of the Legal Services Board, with criminal lawyers and court workers serving the Baffin/Qikiqtani communities. A first point of contact for legal aid on an impaired-driving charge in the eastern region.

Law Society of Nunavut — Lawyer Referrals

The regulator of lawyers in Nunavut runs a public lawyer-referral listing by area of practice and a membership directory, so you can find a Nunavut-licensed lawyer who handles criminal matters. Contact the Law Society office for a referral.

Government of Nunavut — Driver's Licence & Motor Vehicles

The official Government of Nunavut page for driver's licensing and Motor Vehicles services, including licence reinstatement after a suspension. Motor Vehicles can confirm a suspension on your record and the steps to reinstate. General contact: 1-888-975-5999 or [email protected].

Nunavut Court of Justice (Nunavut Courts)

The official site of Nunavut's unified single-level court, with information on court locations, circuit schedules, and finding a lawyer. Your charge and any first appearance will be handled here.

FAQ — Impaired Driving in Nunavut

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

That you're now facing two separate processes from one stop: a federal criminal charge under Criminal Code s.320.14, prosecuted by the Public Prosecution Service of Canada in the Nunavut Court of Justice, and an immediate territorial licence suspension under Nunavut's Traffic Safety Act. The roadside suspension takes effect right away and runs no matter what later happens in court. Our free hotline can explain both tracks in plain English — the line is live now, so call any time and ask as many questions as you like.

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

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 Nunavut's Traffic Safety Act controls the immediate roadside suspension, any vehicle impoundment, and reinstatement. The Nunavut Court of Justice decides the criminal charge; Motor Vehicles deals with your licence. 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 the AI assistant will explain how the reading affects your case.

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

Yes. Under Nunavut's Traffic Safety Act, a roadside reading of 0.05 or more brings an immediate 24-hour licence suspension for a first-time driver, and your vehicle is typically impounded. If you already have a prior suspension, disqualification or prohibition in Nunavut, a province or another territory, that roadside suspension can run up to 90 days. This is a territorial action that happens before any trial and regardless of how the criminal charge is eventually resolved. Our hotline can explain what the suspension means and what comes next.

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

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 that bans you from driving anywhere in Canada. A separate territorial suspension and reinstatement process applies through Motor Vehicles. The exact outcome depends on your facts — call our free line for a plain-English read.

What court hears impaired-driving charges in Nunavut, and who prosecutes?

Charges are heard in the Nunavut Court of Justice — Canada's only single-level 'unified' court, where the same judges handle everything that elsewhere is split between a provincial court and a superior court. It sits in Iqaluit and travels on circuit to communities across the territory. The Public Prosecution Service of Canada prosecutes Criminal Code charges, including impaired driving. Our hotline can explain how a circuit court date works.

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 first-offence minimum fine ($2,000) and a roadside suspension under the Traffic Safety Act. Since 2018, police can also make a mandatory roadside screening demand at a lawful stop without first suspecting you of drinking. Refusal rarely helps and usually hurts. Call our free line to understand where it leaves you.

What does impaired driving look like in Nunavut's small, remote communities?

Nunavut has no road network linking its communities, vehicle traffic is concentrated in towns like Iqaluit and Rankin Inlet, and many hamlets have no local Motor Vehicles counter — licensing runs through Service Nunavut and travelling staff, and court arrives on circuit. That affects how a stop, an impoundment, a suspension and a court date actually play out, and it can make organising a defence and a reinstatement more involved. Our hotline can help you make sense of the practical steps where you live.

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

I can't afford a lawyer — can I still get help in Nunavut?

Likely yes. The Legal Services Board of Nunavut is the territory's legal-aid plan and provides criminal legal aid to financially eligible Nunavummiut through regional clinics in Iqaluit (Maliiganik Tukisiiniakvik), Rankin Inlet (Kivalliq Legal Services) and Cambridge Bay (Kitikmeot Law Centre). You apply through a court worker at your nearest clinic. The Law Society of Nunavut also offers a lawyer-referral listing. Our hotline can point you to the right one.

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, so you can call any time and ask the AI assistant as many questions as you like. The assistant can point you to Nunavut legal aid today, and a paid service to connect you with a Nunavut-licensed criminal lawyer is coming soon.

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

We're building our Nunavut network of criminal lawyers ahead of launching paid consultations, to connect worried, time-pressed drivers — facing both a Criminal Code s.320.14 charge in the Nunavut Court of Justice and an immediate territorial licence suspension under the Traffic Safety Act — with lawyers who handle impaired-driving cases. If you're a Nunavut-licensed lawyer who defends impaired-driving and 'over 80' charges and advises on roadside suspensions and reinstatement, we'd like to send qualified, ready-to-consult clients your way once the paid consultation service launches. This is a referral path for vetted lawyers, separate from the free client hotline 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 Nunavut? Two Cases Just Started at Once.