Impaired driving laws in Nova Scotia

By the end of this topic you can

• You can state the alcohol and drug rule for learners, newly licensed and other novice drivers.
• You can describe what happens at a roadside breath test.
• You can explain the main penalties for novice drivers who break the zero rule.
• You can plan a safe way home that does not involve driving impaired.

What you need to know and understand

• Learners, newly licensed drivers and other novice drivers must have zero alcohol in their blood (0 mg per 100 mL) when driving.
• Novice drivers must also have no drugs in their body that they are not legally allowed to use for a medical purpose. This includes cannabis.
• Other novice drivers include anyone in their first 2 years on a full licence after leaving the 5N stage (condition 47).
• Service Nova Scotia says a learner with any alcohol at all faces a 6-month suspension and then starts over as a learner.
• A blood alcohol concentration of 80 mg per 100 mL (.08) or more is a Criminal Code offence for every driver, and you can be charged at a lower level if your ability is impaired.
• A Criminal Code impaired driving conviction brings a provincial licence suspension of at least 1 year, longer for repeat offences.
• Refusing to give a breath sample when police lawfully demand one is itself a criminal offence.
• Prescription and over-the-counter medicines can impair you too.

What happens at a roadside check

Police may stop drivers at check stops or during patrols and demand a breath sample into an approved screening device. Service Nova Scotia says a driver over .05 may get an immediate roadside suspension, and a driver over .08 will be arrested and suspended. For a 5N driver, a roadside suspension also restarts the 2-year newly licensed period.

For a novice driver, any reading above zero breaks the licence condition. A high reading can lead to arrest, further testing and criminal charges.

Costs for a novice driver

• Learner with any alcohol: 6-month suspension, then the full learner waiting period starts again.
• 5N driver with any alcohol: Service Nova Scotia says a 6-month suspension, and a new 2-year period on the 5N after it ends.
• Over .08 or a drug-impaired conviction: criminal record, at least a 1-year suspension, fines and possibly the Driving While Impaired program before your licence is reinstated.
• Insurance costs are likely to rise sharply after any impaired driving record.

Getting home safely instead

Only time removes alcohol from your body. Coffee, cold showers and exercise do not sober you up.

1. Decide before you go out how you will get home.
2. Choose a sober designated driver, a taxi, a rideshare, transit or a trusted adult to call.
3. If you have used cannabis or any impairing drug, do not drive. There is no reliable way to know when it has worn off.
4. Never ride with a driver who has been drinking or using drugs.
5. If you take medication, read the label or ask a pharmacist whether it affects driving.

Common mistakes

• Thinking one drink is fine because you feel normal. For novice drivers, the limit is zero.
• Driving the morning after a late night of drinking while alcohol is still in your blood.
• Believing cannabis is safe to drive on because it is legal to buy.
• Ignoring warnings on cold medicine or allergy pills.
• Refusing a breath test in the hope of avoiding a charge. Refusal is its own offence.

Test yourself: Impaired driving laws in Nova Scotia

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

Go deeper

• Nova Scotia Demerit Points and Suspensions for New Drivers
• Nova Scotia Traffic Safety Act
• How to Get a Driver’s Licence in Nova Scotia