Yukon Impaired Driving & Over 80 — Free Legal Information

Impaired Driving in Yukon — 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 in every province and territory, prosecuted by the Public Prosecution Service of Canada in the Territorial Court of Yukon. A conviction brings a mandatory minimum $1,000 fine and a one-year national driving prohibition even on a first offence. (2) The territorial side is run by Yukon under the Motor Vehicles Act, and it does not wait for a trial. If your reading is 0.08 or higher, or you refuse a lawful breath or blood demand, Yukon imposes a 90-day administrative licence suspension and impounds your vehicle for a minimum of 30 days. Important Yukon distinction: unlike most of Canada, Yukon has no separate 0.05 'warn range' administrative suspension — but an officer who reasonably believes you are impaired can still suspend your licence for 24 hours roadside. Our free line will walk you through both tracks. It's live now — call any time and ask as many questions as you like.

The law in Yukon: Impaired Driving

Impaired driving in Canada is federal criminal law, uniform across every province and territory, but it is prosecuted and policed inside Yukon's own court and licensing systems — so 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 of these is a separate offence, and the Crown commonly lays both 'impaired' (a) and 'over 80' (b) from the same arrest. The same 2018 reforms brought in mandatory alcohol screening, which lets police demand a roadside breath sample without first needing to suspect you have been drinking.

These are hybrid offences — the Crown chooses to proceed summarily or by indictment — and impaired-driving and 'over 80' charges in Yukon are heard in the Territorial Court of Yukon, the territory's criminal trial court, with the Supreme Court of Yukon handling the most serious matters and any indictable jury trials. Because criminal prosecutions in the territories are federal, your case is conducted by the Public Prosecution Service of Canada, not a territorial Crown. 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. 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, the maximum is 10 years' imprisonment.

Running alongside the criminal charge is Yukon's own administrative scheme under the Motor Vehicles Act (RSY 2002, c 153), and here Yukon differs sharply from most of the country. The moment your reading is 0.08 or higher, or you refuse a lawful breath or blood demand, the territory imposes a 90-day administrative licence suspension and impounds your vehicle for a minimum of 30 days. An impounded vehicle in Yukon is not released automatically — it can only be released by a judge after an Application for Review is filed with Court Services. Separately, a peace officer who reasonably believes a driver's ability is impaired by alcohol or a drug can impose an immediate 24-hour roadside suspension, whether or not a breath reading is taken.

What Yukon does NOT have is the escalating 0.05 'warn range' administrative suspension that exists in most provinces. Across the rest of Canada a reading of 0.05 to 0.079 — below the criminal threshold — triggers a short immediate roadside prohibition; Yukon and Quebec are the only two jurisdictions in the country that do not impose one. In Yukon a reading in that band does not, on its own, trigger an automatic administrative suspension, though an officer who believes you are impaired can still act on the 24-hour power. A criminal record for impaired driving can affect employment, insurance, and the ability to enter the United States, so the territorial and federal consequences both matter.

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 and jail terms; mandatory alcohol screening applies at the roadside

Territorial Law (Yukon Motor Vehicles Act)

Motor Vehicles Act, RSY 2002, c 153 — Yukon's administrative driving-sanction scheme
90-day administrative licence suspension on a 0.08+ reading or a refusal
Minimum 30-day vehicle impoundment on a 0.08+ reading, refusal, or driving while suspended/disqualified
24-hour roadside suspension where an officer reasonably believes a driver is impaired
⚠️ No 0.05 'warn range' administrative suspension — Yukon (with Quebec) is one of only two jurisdictions without one

Courts & Agencies

Territorial Court of Yukon — hears most impaired-driving and 'over 80' charges
Supreme Court of Yukon — the most serious matters (e.g. impaired causing death) and indictable jury trials
Public Prosecution Service of Canada (PPSC) — conducts the criminal prosecution in the territory
Government of Yukon, Motor Vehicles (Highways and Public Works) — imposes and reinstates the territorial suspension
Yukon Court Services — handles the Application for Review to release an impounded vehicle

The Deadlines & Clocks People Miss

🚨 Roadside — the 90-day suspension and 30-day impoundment take effect immediately on a 0.08+ reading or refusal, before any trial
24 hours — an officer's belief of impairment alone can cost you your licence on the spot, no reading required
30-day impound — your vehicle is not released automatically; you must file an Application for Review with Court Services and a judge must order release
First court date — your release paperwork or summons sets your first Territorial Court of Yukon appearance; attendance is mandatory
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 Yukon your licence and your vehicle can be gone the same night, long before any finding of guilt. The instant you register 0.08 or higher, or refuse a lawful breath or blood demand, the territory imposes a 90-day administrative licence suspension and impounds your vehicle for a minimum of 30 days 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 of Yukon. People assume that if they fight the charge their licence is safe in the meantime. It isn't: the 90 days run regardless. And the impounded vehicle is not handed back on its own — release requires an Application for Review and a judge's order through Court Services. Even short of a reading, an officer who simply believes you're impaired can suspend you for 24 hours on the spot. Our free line can explain both clocks in plain English. It's live now — call any time and ask as many questions as you like.

Likely outcomes & penalties

Every impaired-driving case in Yukon turns on its own facts — your breath reading, whether it's a first or repeat conviction, whether anyone was hurt, and how the stop and testing were conducted. These are the statutory ranges set by the Criminal Code and Yukon's 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 one-year national driving prohibition that bans you from driving anywhere in Canada. The fine and the prohibition are federal minimums — a judge cannot go below them.

Territorial roadside consequences (immediate)

On a 0.08+ reading or a refusal: an immediate 90-day administrative licence suspension and a minimum 30-day vehicle impoundment under the Motor Vehicles Act — independent of the criminal case. The vehicle is released only by a judge after an Application for Review. On an officer's belief of impairment alone, a 24-hour roadside suspension. Yukon has no separate 0.05 warn-range suspension.

Second conviction (impaired/over 80)

A mandatory minimum 30 days in jail and a two-year federal driving prohibition, on top of fresh territorial suspension and reinstatement consequences and steep insurance costs. Repeat impaired driving is treated far more seriously than a first offence.

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 far more serious — prosecuted by indictment in the Supreme Court of Yukon, 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 90-day territorial suspension and 30-day impoundment are automatic on a 0.08+ reading or refusal and run regardless of what happens in the Territorial Court of Yukon.

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Thinking a sub-0.08 reading is harmless in Yukon — while Yukon has no 0.05 warn-range suspension, an officer who reasonably believes you're impaired can still impose a 24-hour roadside suspension on the spot, with no breath reading at all.

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Refusing the breath or blood test thinking it helps — refusal is its own offence under s.320.15, treated at least as seriously as being 'over 80', with the highest minimum fine and the same 90-day suspension and 30-day impoundment.

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Expecting your impounded vehicle back automatically after 30 days — in Yukon it is released only by a judge after you file an Application for Review with Court Services; nothing happens if you don't apply.

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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. It's live now across Canada, and the AI assistant answers straight away to explain 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 Yukon law. It understands the federal Criminal Code s.320.14 charge, Yukon's 90-day administrative suspension and 30-day impoundment, the 24-hour officer-belief power, and the fact that Yukon has no 0.05 warn-range suspension — and walks you through your first moves. This is legal information, not legal advice, and creates no lawyer-client relationship.

Hear about lawyer help that's coming soon. A paid-consultation service with Yukon-licensed criminal lawyers who handle both the court case and the impoundment/reinstatement side is on the way — we're building our Yukon network now. For today, the free line gives you general legal information so you understand both tracks.

Free & low-cost Impaired Driving help in Yukon

If you can't afford a private lawyer, these Yukon and Canadian resources can help with the criminal case, free legal information, or finding counsel. Note that legal aid covers the criminal charge — not the territorial licensing and impoundment 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.

Yukon Legal Services Society (Legal Aid)

Yukon's legal-aid provider. If you are financially eligible and your case meets the merit test, it can provide a legal-aid lawyer for a criminal charge; free duty counsel give same-day advice at court to all Yukoners regardless of income, and charged youth (12–17) are automatically eligible. Whitehorse office, phone (867) 667-5210. Covers the criminal charge, not the territorial licensing side.

Yukon Legal Services Society — Criminal Law

The criminal-law page for Yukon Legal Aid, explaining duty counsel, eligibility and how to apply for a legal-aid lawyer on an impaired-driving or other criminal charge.

Law Society of Yukon — Find a Lawyer / Meet with a Lawyer

The territory's law-society regulator runs a public 'Find a Lawyer' lookup by name or area of practice, and a 'Meet with a Lawyer' program offering a certificate for a 30-minute meeting to get legal information — a useful early read on an impaired-driving charge.

Yukon Public Legal Education Association (YPLEA)

A non-profit producing free, plain-language legal information for Yukoners on criminal and everyday legal problems — a reliable place to read up before a court date.

Government of Yukon — Find out about driving impaired consequences

The official Yukon page setting out the territorial consequences of impaired driving, including the 90-day administrative licence suspension and the 30-day vehicle impoundment under the Motor Vehicles Act.

FAQ — Impaired Driving in Yukon

I was just charged with impaired driving or 'over 80' in Yukon — 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 Yukon, and — if your reading was 0.08 or higher or you refused — a territorial 90-day administrative licence suspension plus a minimum 30-day vehicle impoundment under the Motor Vehicles Act, imposed at the roadside. The territorial suspension runs no matter what later happens in court. Our free line can explain both tracks in plain English — it's 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 Yukon?

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 Yukon's Motor Vehicles Act controls the 90-day administrative suspension, the vehicle impoundment, and reinstatement. The criminal court can't restore your licence, and the territory's motor-vehicles branch 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 the AI assistant will explain how the reading affects your case.

Does Yukon have a 0.05 'warn range' suspension like other provinces?

No — and this is where Yukon differs from most of Canada. Almost every province imposes an immediate roadside suspension for a 'warn range' reading of 0.05 to 0.079, below the criminal 0.08 limit. Yukon and Quebec are the only two jurisdictions in the country that do not have that 0.05 administrative suspension. In Yukon, a reading in that band does not, on its own, trigger an automatic suspension — but be careful: an officer who reasonably believes you are impaired can still impose a 24-hour roadside suspension with no reading at all. Our hotline can explain where a borderline reading leaves you.

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

If your reading was 0.08 or higher, or you refused, yes. Under Yukon's Motor Vehicles Act that triggers an immediate 90-day administrative licence suspension and a minimum 30-day vehicle impoundment — before any trial and regardless of how the criminal charge is eventually resolved. The impounded vehicle is released only by a judge after you file an Application for Review with Court Services; it does not come back automatically. Our hotline can explain what the suspension and impoundment mean and what comes next.

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

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. These are federal minimums a judge cannot go below. The exact outcome depends on your facts — call our free line for a plain-English read.

What is a 24-hour roadside suspension in Yukon?

It is a short administrative suspension a peace officer can impose on the spot if they reasonably believe your ability to drive is impaired by alcohol or a drug — even without a breath reading and even where your reading is below 0.08. It is separate from the 90-day suspension that follows a 0.08+ reading or a refusal. Because Yukon has no 0.05 warn-range scheme, this officer-belief power is the main administrative consequence for lower-level impairment. Our hotline can explain how it applies to 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 triggers the same territorial 90-day suspension and 30-day impoundment. It rarely helps and usually hurts. Call our free line to understand exactly where a refusal leaves you.

How do I get my impounded vehicle back in Yukon?

A vehicle impounded for impaired driving in Yukon is held for a minimum of 30 days and is not released automatically. To get it back you (or the registered owner) must file an Application for Review with Yukon Court Services, and a judge must order the release — the territory's motor-vehicles branch cannot release it on its own. Our hotline can point you to the right starting place; for the formal steps, contact Court Services directly.

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 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 line and the AI assistant can point you to the right help.

Yukon is huge and remote — how does that affect my case?

Practically, a lot. Much of Yukon is served by a circuit court that travels to communities outside Whitehorse, so your first appearance and trial dates can depend on when court next sits in your area, and duty counsel may be available only on scheduled days. Impound lots and reinstatement services are concentrated in Whitehorse, which can make recovering a vehicle or sorting out a licence harder if you're in a remote community. Our free line can help you understand the practical next steps; it's live now, so call any time and ask as many questions as you like.

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 — call our free line any time and ask the AI assistant as many questions as you like. It gives you general legal information to orient you — not legal advice — and creates no lawyer-client relationship; it is not a law firm and not legal aid. A paid lawyer-consultation service with Yukon-licensed criminal lawyers is coming soon.

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

We're building a network of licensed local criminal lawyers ahead of launching paid consultations for worried, time-pressed Yukon drivers — people facing both a Criminal Code s.320.14 charge in the Territorial Court of Yukon and an immediate territorial licence suspension and vehicle impoundment. If you're a Yukon-licensed lawyer who defends impaired-driving and 'over 80' charges and advises on the impoundment and reinstatement process, we'd like to send qualified, ready-to-consult clients your way once the paid-consultation 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 Yukon? Two Cases Just Started at Once.