Saskatchewan Impaired Driving & Over 80

Impaired Driving in Saskatchewan — 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 Saskatchewan, 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 automatic and immediate: under The Traffic Safety Act, SGI (Saskatchewan Government Insurance) acts at the roadside. If you blow 0.08 or more, fail a sobriety/drug test, or refuse, SGI imposes an indefinite licence suspension that lasts until your criminal charges are resolved in court, plus a 30-day vehicle impoundment (60 days if your BAC is 0.16 or higher, or you refused). Saskatchewan also has lower 'warn-range' rules: an experienced driver who registers between 0.04 and 0.08 faces an immediate 3-day roadside suspension and 3-day vehicle impoundment on a first occurrence, escalating with each occurrence over a 10-year look-back. Our free line will walk you through both tracks — call any time and ask as many questions as you like.

The law in Saskatchewan: Impaired Driving

Impaired driving in Canada is federal criminal law, uniform across every province and territory, but it is prosecuted and policed inside Saskatchewan'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. Refusing or failing to comply with a lawful breath, blood or sobriety-test demand is its own offence under s.320.15, treated at least as seriously as being 'over 80'.

These are hybrid offences — the Crown chooses to proceed summarily or by indictment — and most first-time cases are heard in the Provincial Court of Saskatchewan, the busy provincial criminal court. The Court of King's Bench for Saskatchewan handles the most serious matters (such as impaired driving causing death) and indictable jury trials. 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. A second conviction carries a minimum 30 days in jail; a third or subsequent, a minimum 120 days. Prosecuted by indictment the maximum is 10 years' imprisonment for the basic offence. A conviction also triggers a mandatory federal driving prohibition — at least one year for a first offence — that bans you from driving anywhere in Canada.

Running alongside the criminal charge is Saskatchewan's own administrative scheme under The Traffic Safety Act, administered by SGI, which does not wait for a court. The moment you blow 0.08 or higher, fail a sobriety/drug-recognition test, or refuse, SGI suspends your licence indefinitely — it stays gone until your criminal charges are resolved in court or you qualify for the ignition interlock program — and impounds your vehicle for 30 days (60 days if your BAC is 0.16 or higher, or you refused the test). Below the criminal threshold, Saskatchewan still acts: an experienced driver (22 or older, off the Graduated Driver Licensing program) who registers a BAC between 0.04 and 0.08, or who has drugs in their system, faces an immediate roadside licence suspension and vehicle impoundment — a first occurrence is a 3-day suspension and a 3-day vehicle impoundment, plus four Safe Driver Recognition demerit points and a mandatory weekend 'Driving Without Impairment' course. SGI looks back 10 years when deciding whether an occurrence is a first, second or subsequent one, and the suspension, impoundment and interlock consequences escalate sharply with each occurrence; a third or subsequent occurrence triggers a mandatory ignition interlock.

For new and learner drivers — anyone 21 or under, or any Learner, Novice 1 or Novice 2 in the Graduated Driver Licensing program — Saskatchewan applies zero tolerance: there can be no alcohol in your system at all, and any reading triggers an immediate roadside suspension and impoundment. Zero tolerance for drugs applies to every driver, new or experienced. On a criminal conviction, SGI requires a minimum one-year ignition interlock before you can drive again, and you must serve at least 90 days of the indefinite suspension before becoming eligible to drive on the interlock program. None of this is automatic — you have to apply — and a criminal record for impaired driving can 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 / s.320.24 — mandatory minimum fines and the national driving prohibition on conviction

Courts & Agencies

Provincial Court of Saskatchewan — hears most impaired-driving and 'over 80' charges (first appearance through trial and sentencing)
Court of King's Bench for Saskatchewan — the most serious matters (e.g. impaired causing death) and indictable jury trials
SGI (Saskatchewan Government Insurance) — imposes the roadside suspension and impoundment under The Traffic Safety Act and runs licence reinstatement
Driving Without Impairment (DWI) course — the mandatory weekend education program SGI requires after an alcohol-related occurrence
Ignition Interlock Program — the mandatory device SGI requires (minimum one year) before a convicted driver gets a licence back

The Deadlines & Clocks People Miss

🚨 Roadside — at 0.08+ or a refusal, SGI's indefinite suspension and a 30/60-day vehicle impoundment take effect immediately, before any trial
90 days — you must serve at least 90 days of an indefinite suspension before you can become eligible to drive on the ignition interlock program
First court date — your release paperwork (or summons) sets your first Provincial Court of Saskatchewan appearance; attendance is mandatory
10-year look-back — a prior impaired occurrence within 10 years escalates the SGI suspension, impoundment and interlock consequences
Two-hour rule — 'over 80' looks at your BAC within two hours after you stopped driving, not only at the wheel

The Indefinite Suspension SGI Imposes Before You See a Judge

Here is what blindsides almost everyone: in Saskatchewan your licence is gone the same night, long before any finding of guilt. The instant you blow 0.08 or higher, fail a sobriety test, or refuse, SGI suspends your licence indefinitely under The Traffic Safety Act — it stays suspended until your criminal charges are resolved in court — and impounds your vehicle for 30 days (60 days at 0.16 or higher, or on a refusal). This provincial action runs entirely separately from the federal criminal charge and does not wait for your day in the Provincial Court of Saskatchewan. People assume that if they fight the charge their licence is safe in the meantime. It isn't: the suspension is indefinite, and you must serve at least 90 days of it before you can even become eligible to drive on the ignition interlock program. Even below 0.08, an experienced driver who blows between 0.04 and 0.08 loses their licence for three days at the roadside. Our free 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 Saskatchewan 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 consequences SGI applies under The 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. On conviction SGI requires a minimum one-year ignition interlock before you can drive again, and the indefinite suspension that began at the roadside continues until the case is resolved.

Provincial roadside consequences (immediate, 0.08+ or refusal)

An indefinite SGI licence suspension that lasts until your criminal charges are dealt with in court, plus a 30-day vehicle impoundment (60 days if your BAC is 0.16 or higher, or you refused) — independent of the criminal case — and a mandatory Driving Without Impairment course before reinstatement.

Warn-range occurrence (experienced driver, 0.04–0.08)

An immediate roadside licence suspension and vehicle impoundment — a first occurrence is 3 days each — plus four Safe Driver Recognition demerit points and a mandatory weekend Driving Without Impairment course. SGI escalates the suspension, impoundment and interlock consequences for a second or subsequent occurrence within 10 years.

Repeat conviction, or impaired causing bodily harm/death

A second conviction carries a mandatory minimum 30 days in jail and a longer prohibition; a third or subsequent, a minimum 120 days, with mandatory ignition interlock. 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 — at 0.08 or a refusal, SGI's suspension is indefinite and runs regardless of what happens in the Provincial Court of Saskatchewan.

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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 longer 60-day impoundment and the same indefinite SGI suspension.

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Believing you're safe under 0.08 — in Saskatchewan an experienced driver who blows just 0.04 loses their licence and vehicle for three days at the roadside, with escalating consequences for repeats.

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Thinking a prior from years ago no longer counts — SGI looks back 10 years when deciding whether an occurrence is a first, second or subsequent one, which escalates suspensions, impoundments and interlock periods.

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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. An AI assistant answers right away and explains your situation in plain English, in your language, with no limit on how many questions you can ask.

Talk through both tracks with an assistant trained on Canadian and Saskatchewan law. It understands the federal Criminal Code s.320.14 charge, SGI's indefinite suspension and 30/60-day impoundment, the warn-range roadside rules, and the ignition-interlock and Driving Without Impairment requirements — and walks you through your first moves. This is legal information, not legal advice, and creates no lawyer-client relationship.

Get pointed toward a lawyer when you need one. A paid consultation with a Saskatchewan-licensed criminal lawyer who handles both the court case and the licensing side is coming soon — for now the line gives you the free, general information to understand where you stand.

Free & low-cost Impaired Driving help in Saskatchewan

If you can't afford a private lawyer, these Saskatchewan and Canadian resources can help with the criminal case, free legal information, or finding a lawyer. Note that Legal Aid Saskatchewan covers the criminal charge — not the provincial SGI licensing/reinstatement 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 Saskatchewan

Saskatchewan's public legal-aid body. If you meet the financial test, it can provide a lawyer for criminal charges — including impaired driving where jail or loss of employment is a real risk. Apply online or call the Application Centre at 1-800-667-3764. Covers the criminal charge, not the SGI licensing side.

PLEA — Public Legal Education Association of Saskatchewan

A non-profit providing free, plain-language legal information for Saskatchewan, including a clear guide to criminal drunk- or drugged-driving offences and the court process. A reliable place to read up before your first court date.

Law Society of Saskatchewan — Find Legal Assistance

The Law Society's searchable public directory of lawyers licensed in Saskatchewan. You can search by area of law, location and pricing, and some lawyers offer a free first meeting — useful for an early read on an impaired-driving charge.

SGI — Impaired driving consequences

The official SGI pages explaining the provincial roadside consequences — the indefinite suspension and 30/60-day impoundment at 0.08+, the warn-range rules for experienced drivers, the ignition interlock and the Driving Without Impairment course.

JusticeNet

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

FAQ — Impaired Driving in Saskatchewan

I was just charged with impaired driving or 'over 80' in Saskatchewan — 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 Saskatchewan, and a provincial licence suspension imposed by SGI at the roadside under The Traffic Safety Act. If you blew 0.08 or refused, the SGI suspension is indefinite and your vehicle is impounded for 30 or 60 days, no matter what later happens in court. Our free line can explain both tracks in plain English — call now and ask as many questions as you like.

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

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 Saskatchewan's Traffic Safety Act, administered by SGI, controls the roadside suspension, the vehicle impoundment, the ignition interlock and reinstatement. The criminal court can't restore your licence, and SGI 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 — ask as many questions as you like.

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

Yes. Under The Traffic Safety Act, the moment you register 0.08 or higher, fail a sobriety/drug test, or refuse, SGI suspends your licence indefinitely — until your criminal charges are resolved — and impounds your vehicle for 30 days (60 days at 0.16 or higher, or on a refusal). This happens at the roadside, before any trial and regardless of how the criminal charge is eventually resolved. Even between 0.04 and 0.08, an experienced driver loses their licence for three days. Our hotline can explain what the suspension means and what comes next.

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

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. On conviction SGI also requires a minimum one-year ignition interlock before you can drive again. The exact outcome depends on your facts — call our free line for a plain-English read.

I only blew 0.05 — am I in the clear in Saskatchewan?

No. Saskatchewan's roadside limit for experienced drivers is lower than the criminal 0.08 threshold. A BAC between 0.04 and 0.08 — or drugs in your system — isn't a Criminal Code charge, but SGI imposes an immediate roadside suspension and vehicle impoundment (3 days each on a first occurrence), four Safe Driver Recognition demerit points, and a mandatory Driving Without Impairment course. The consequences escalate for a second or subsequent occurrence within a 10-year look-back. 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 SGI applies the same indefinite suspension plus the longer 60-day vehicle impoundment. It rarely helps and usually hurts. Call our free line to understand exactly where a refusal leaves you.

Do new or young drivers face different rules?

Yes — zero tolerance. If you're 21 or under, or a Learner, Novice 1 or Novice 2 in the Graduated Driver Licensing program, you must have no alcohol in your system at all, and any reading triggers an immediate roadside suspension and vehicle impoundment. Zero tolerance for drugs applies to every driver, new or experienced. The penalties for new drivers are longer than the experienced-driver warn-range consequences. Our hotline can explain the rules for your licence class.

Can I shorten my suspension or get the ignition interlock?

The indefinite suspension at 0.08+ lasts until your criminal charges are resolved, but you may be able to drive sooner on SGI's Ignition Interlock Program — you must serve at least 90 days of the suspension first, and the charge must be alcohol-related. On conviction, a minimum one-year interlock is mandatory before your licence is fully restored. It isn't automatic — you must apply through SGI. Our hotline can explain the steps.

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 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?

Quite possibly. SGI looks back 10 years when deciding whether a new occurrence is a first, second or subsequent one, which escalates the suspension, impoundment and ignition-interlock consequences. 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. An AI assistant answers 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. A paid consultation with a Saskatchewan-licensed criminal lawyer is coming soon; for now the line gives you free, general information.

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

We're building a network of Saskatchewan criminal lawyers ahead of launching paid consultations, so we can connect worried, time-pressed Saskatchewan drivers — facing both a Criminal Code s.320.14 charge in the Provincial Court of Saskatchewan and an indefinite SGI licence suspension — with licensed local lawyers who handle impaired-driving cases. If you're a Saskatchewan-licensed lawyer who defends impaired-driving and 'over 80' charges and advises on the SGI suspension, interlock 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 Saskatchewan? Two Cases Just Started at Once.