Impaired driving laws in New Brunswick

By the end of this topic you can

• You can state the alcohol limit that applies to you as a new driver.
• You can explain what happens to a graduated licence after a zero tolerance breach.
• You can describe the roadside penalties at 0.05 and at 0.08.
• You can explain why cannabis and other drugs are treated the same way.
• You can plan a safe way home that does not involve impaired driving.

What you need to know and understand

• While you hold a Class 7 graduated licence, your blood alcohol must be zero and you must not drive after using drugs.
• Drivers under 21 also have a zero alcohol restriction on their licence, even after they reach Class 5.
• A zero tolerance breach on a graduated licence means a one-year suspension, a mandatory seven-day vehicle impoundment and a return to the start of the program.
• The Criminal Code limit for all drivers is 80 mg of alcohol per 100 mL of blood (0.08).
• A reading of 0.05 or more, or a poor Standard Field Sobriety Test, brings a seven-day roadside suspension for a first offence in five years.
• A reading of 0.08 or more, or refusing a test, can bring a three-month roadside suspension and a 12-month ignition interlock.
• Driving while impaired by drugs is illegal under the Motor Vehicle Act as well as the Criminal Code.

The two roadside penalty levels

These administrative penalties apply to every driver. A graduated driver also faces the zero tolerance penalties above.

• 0.05 or more, or a failed sobriety test: 7-day suspension for a first offence in five years, 15 days for a second and 30 days for a third. The vehicle is impounded for 3 to 7 days, and there is an administrative penalty of $240 to $480 plus a reinstatement fee.
• 0.08 or more, or refusing a demand: licence surrendered on the spot and suspended for three months, 30 or 60 days of vehicle impoundment, an impaired driver re-education course ($380 or $690), a $230 reinstatement fee, a $1,200 to $2,400 penalty and a 12-month ignition interlock at your own cost.

Criminal charges as well

Police can choose the roadside route or a Criminal Code charge. The roadside route is not used where someone is seriously hurt or killed, or where a passenger under 16 is in the vehicle. A Criminal Code conviction can also bring a long suspension, a criminal record and much higher insurance costs.

Police can also suspend a licence for 24 hours if they believe a driver is unfit to drive safely for a medical or other reason, such as extreme fatigue.

Making the safe choice

• Decide before you go out how you will get home.
• Never ride with a driver who has been drinking or using drugs.
• Remember that cannabis can slow your reactions for hours, and mixing it with alcohol makes things worse.
• Check medicine labels and ask a pharmacist if a prescription or over-the-counter drug could affect your driving.
• Coffee, cold air and food do not make you sober. Only time does.

Common mistakes

• Thinking one drink is fine on Level 2. The limit for graduated drivers is zero.
• Believing the zero rule ends when you get Class 5. If you are under 21, it still applies.
• Driving the morning after a heavy night. Alcohol may still be in your blood.
• Assuming cannabis is safer than alcohol for driving. Drug-impaired driving is illegal and dangerous.

Test yourself: Impaired driving laws in New Brunswick

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• New Brunswick Demerit Points and Zero Tolerance for New Drivers
• Getting a Driver’s Licence in New Brunswick
• New Brunswick Driver’s Handbook Study Guide