Immediate Consequences for Drinking and Driving (DUI) under The Highway Traffic Act:
If you are operating or have care and control of a motor vehicle, boat, aircraft or railway equipment and you are stopped by the police, your motor vehicle driver’s licence can be suspended immediately if:
You register a “warn” or a “fail” on a breath screening device;
You have a blood alcohol concentration equal to or over .05;
You fail a physical coordination test. Trained officers have the authority to administer a series of physical coordination tests to assess whether a driver is impaired by alcohol or drugs; or
The officer believes that you are too impaired to perform a physical coordination test or to comply with a demand to supply a breath or blood sample.
If the officer believes that you are too impaired to perform a physical coordination test or to comply with a demand to supply a breath or blood sample:
Your motor vehicle driver’s licence will be immediately suspended for 24 hours.
If you register a “warn” on a breath screening device, are found to have a blood alcohol concentration of between .05 and .08 or fail a physical coordination test:
If it is your first time, you will receive an immediate 3 day driver’s licence suspension. The driver’s licence suspension will be 7 days if there is a passenger under the age of 16 in the vehicle at the time of the incident;
Upon your second time within 10 years, you will receive an immediate 15-day driver’s licence suspension;
Upon your third time within 10 years, you will receive an immediate 30-day driver’s licence suspension; and
Four or more times within 10 years results in an immediate 60-day driver’s licence suspension.
If you fail a physical coordination test or register a “fail” on a breath screening device:
You can also be asked to take a breathalyser, which could lead to a three-month licence suspension and vehicle impoundment if you refuse or fail the test.
Your motor vehicle driver’s licence can be immediately suspended for 3 months if you:
Refuse to provide a breath or blood sample;
Refuse to participate in a physical coordination test or drug recognition evaluation test;
Fail to follow the officer’s instructions regarding the physical coordination test or drug recognition evaluation test; or
Register a blood alcohol concentration over .08.
When your driver’s licence is suspended:
You are disqualified from driving any type of vehicle on or off the road for the duration of the suspension;
Your car may be removed by the officer and stored at your expense;
You are subject to a $50 licence reinstatement charge;
If you receive one or more 3-month suspensions or a combination of any two suspensions in a ten-year period, you will be required to attend a mandatory impaired driver’s assessment at your own expense. The assessment is conducted by the Addictions Foundation of Manitoba (AFM), and the cost is $625.
If you are operating or have care and control of a motor vehicle and you are stopped by the police, your motor vehicle can be impounded at your expense:
If your blood alcohol concentration is over .08, your vehicle will be impounded for at least 30 days. You may be subject to longer vehicle impoundment for higher blood alcohol levels and subsequent offences;
If you refuse to provide a breath or blood sample, refuse to participate in a physical coordination test or drug recognition evaluation test, or fail to follow the officer’s instructions regarding the test, your vehicle will be impounded for at least 60 days.
Criminal Charges and Consequences upon Conviction
In addition to the immediate consequences listed above for impaired driving, you can also be charged with criminal offences such as:
Driving while Impaired by Drugs or Alcohol
Driving with a Blood Alcohol Concentration over .08
Refusing to Provide a Breath or Blood Sample to Police upon Request
Impaired Driving Causing Bodily Harm or Death
Persons convicted of drive impaired, drive with a blood alcohol concentration over .08 or refuse breath/blood sample may receive the following penalties:
A minimum fine of $1000 for a first conviction.
A mandatory minimum jail sentence of 30 days for a second conviction or 120 days for subsequent convictions.
A minimum one year driving prohibition for a first conviction, a minimum 2 year driving prohibition for a second conviction and a minimum 3 year driving prohibition for subsequent convictions.
Manitobans convicted of one the above Criminal Code charges face the following suspensions under The Highway Traffic Act:
Drive Impaired or Drive Over .08 – 1 year suspension for first conviction, 5 year suspension for second conviction, 10 year suspension for third conviction and lifetime suspension for four or more convictions within 10 years.
Refusal to Provide Breath or Blood Sample – 2 year suspension for first conviction, 7 year suspension for second conviction,10 year suspension for third conviction and lifetime suspension for four or more convictions within 10 years.
Impaired Driving Cause Bodily Harm or Death – 5 year suspension for first conviction, 10 year suspension for second conviction and a lifetime suspension for three convictions or more within 10 years.
Vehicle forfeiture is another consequence that impaired drivers of motor vehicles in Manitoba may face:
First-time offenders where death or bodily harm results from a crime involving a vehicle, including impaired driving causing bodily harm or death; manslaughter; criminal negligence causing bodily harm or death; dangerous operation of a vehicle causing bodily harm or death; and flight from police causing bodily harm or death.
Offenders convicted of three Criminal Code driving offences within five years. The offences include: drive while impaired; driving with a blood alcohol level over. 08; refusing to supply a breath or blood sample; driving while disqualified; dangerous operation of a vehicle; flight from police and failure to stop at an accident.
Upon conviction, the vehicle is forfeited and becomes the property of the province.
Under the Graduated Licensing Program in Manitoba, there is a zero blood alcohol content for novice drivers mandated for a minimum of the first five years of driving.
All sanctions and Criminal Code penalties related to drinking and driving or impaired driving apply to all types of off-road vehicles. Off-road vehicles are any vehicles designed or adapted for cross-country travel on land, water, ice, snow, marsh or other natural terrain. Examples include snowmobiles, all-terrain vehicles, dirt bikes and construction or farm implements.
All convicted impaired driving offenders are subject to a mandatory licence condition requiring them to use an ignition interlock device. Impaired drivers who have conditional licences are also required to use an ignition interlock device. The device requires a breath sample from the driver and prevents the vehicle from being operated if alcohol is detected.
Towing costs, storage costs and a provincial impoundment fee must be paid by vehicle owners before their vehicles can be released. The approximate cost is $500 for a 30-day impoundment and $800 for a 90-day impoundment. Registered owners who were not driving when the vehicle was impounded may apply to have the vehicle released. Costs must still be paid before the vehicle is released.
If your driver’s licence is suspended you may have to:
Pay a driver’s licence reinstatement charge of $50.
Undergo an assessment of your alcohol/drug use at a cost of $625. The assessment is conducted by the Addictions Foundation of Manitoba (AFM).
Pay more for your Autopac and driver’s licence premiums if your Driver Safety Rating goes down. Further information can be found on the Manitoba Public Insurance website at www.mpi.mb.ca.
Some driver’s licence suspensions may be appealed to the Licence Suspension Appeal Board. For further information, contact the Board at (204) 945-7350 or 1-800-282-8069 toll-free from rural Manitoba.
For further information regarding the impaired driver assessment, contact AFM at (204) 944-6290 or 1-866-638-2561 (ask for the Impaired Drivers Program) or visit their website at www.afm.mb.ca.
For further information about driver’s licence suspensions, contact Manitoba Public Insurance:
In Winnipeg: 985-7000
Outside Winnipeg, Toll-free: 1-800-665-2410
Deaf Access TTY/TDD: 985-8832