If you drive on Nova Scotia roads after using alcohol or drugs, you could get charged with an impaired driving offence. There are specific limits to how much you can legally have in your body while operating a vehicle. Police have the technology to determine if you have consumed intoxicating substances and exactly how much is in your system.
If you are found by police to be driving while impaired, you will charged with a criminal offence and will have to go to court to answer to the charge.
Learn more about Canada's Impaired Driving Laws from the federal Department of Justice.
This page gives legal information only, not legal advice. If you have a criminal charge, you should speak with a lawyer.
What might I be charged with if I drink or take drugs and drive?
The most common impaired driving offences under the Criminal Code are:
- Impaired driving: Driving while you are impaired by alcohol and/or drugs, including prescription or illegal drugs, or cannabis. Police do not need a breath or bodily fluid test to lay this charge. A charge can be based on the driver’s behaviour and appearance.
- Driving over the legal limit: Driving with a blood alcohol or blood drug level that is over the legally prescribed limit for that particular substance, or having more than the legal limit in your system within two hours of driving.
- ‘Refusal’: Failure or refusal to do physical sobriety tests or give a breath or bodily fluid sample when asked, without a reasonable excuse.
These are all crimes under the Criminal Code of Canada. You can be charged with any of these offences if you operate or have ‘care or control’ of a car, truck, boat, snowmobile, ATV, aircraft or other vehicle or vessel while impaired, or with a blood alcohol level over the legal limit. Even an electric bicycle is a “vehicle” under this law.
You may be charged even if you are not driving the vehicle, but it is in your ‘care or control’. This means the vehicle does not have to be moving. You may have care or control if you are in the driver's seat with the car keys in your pocket, but the vehicle is parked and the ignition is off.
You could also be charged if you are not in the vehicle at all, but police believe you were driving the vehicle within the last two hours while impaired. For example, you may be in your home with the car parked in the driveway, but the police have received a call that you were driving the car within the last two hours and you are found to be impaired by alcohol or drugs. It is a defense in such circumstances if you had no reason to expect you would be required to provide a breath sample.
What is the legal limit for alcohol and drugs?
There are a number of substances which may impair your ability to operate a vehicle. The law sets out specific limits for each substance. Driving while over the limit on any of these will result in a criminal charge.
In general, for alcohol and cannabis, the law allows drivers to have a small amount in their system. However, the legal limits are significantly lower if a combination of alcohol and cannabis are present at the same time. For other drugs, particularly psychoactive drugs, even the smallest amount of the substance in the system will be enough for police to lay a charge.
It is important to know that everyone’s body is different. Two people could consume the same amount of alcohol or drugs and have completely different results when tested based on body type and physical traits.
Legal Limits
Alcohol: a blood alcohol concentration of 80 milligrams (mg) per 100 millilitres (ml) of blood, called ".08"
Cannabis: 2 nanograms (ng) is the legal limit but there are two separate charges depending on the amount of THC in the blood
- More than 2 ng but less than 5 ng of THC per ml of blood will result in a less serious offence that carries a maximum sentence of $1,000 fine and no minimum
- More than 5 ng of THC falls under the same sentencing rules as alcohol or hard drugs
LSD: Zero tolerance
Psilocybin, psilocin: Zero tolerance
Ketamine: Zero tolerance
PCP: Zero tolerance
Cocaine: Zero tolerance
Methamphetamine: Zero tolerance
6-MAM (opioids): Zero tolerance.
What are the police allowed to do if they stop my vehicle?
If the police want to investigate a traffic law, or have reasons to believe you’ve committed an offence they may ask you to pull over and stop your car. For example, the police may pull you over to check that you have a driver’s license, that your vehicle is in good working order and is properly insured, or to check for impaired driving.
If your vehicle is stopped by a police officer, the officer will usually ask to see your driver’s license, vehicle registration, and proof of insurance for the vehicle. You must provide your license, vehicle registration, and proof of insurance for the vehicle.
The officer may ask you questions like ‘Have you had anything to drink?’ or ‘When did you have your last drink?’ You are not legally required to answer the officer’s questions. You may politely refuse to answer.
There are a few different tests police can ask you to take to find out if you’ve been driving while impaired by alcohol or drugs:
- Roadside Breath Test
- Roadside Physical Sobriety Test (Standardized Field Sobriety Test)
- Breathalyzer Test
- Drug Recognition Evaluation
- Blood sample
Roadside Breath Test
The police can demand that you take a roadside breath test to see if you have been drinking within 3 hours of driving.
Police do not need a reason to ask you to take a roadside breath test. Police can demand that you take a roadside breath test even if they don’t have any reason to suspect that you’ve been drinking alcohol, but only if that officer has the roadside breath test device with them.
You do not have the right to refuse to take this test. You must provide a breath sample when the police demand one. You do not have a right to speak with a lawyer before taking the test.
The roadside breath test will give 3 possible results:
- pass
- warn, or
- fail.
To get a pass you must have less than 50 mg of alcohol in 100 ml of your blood. If you get a pass you are usually free to go.
If you get a warn or fail, your licence will be suspended administratively under the Nova Scotia Motor Vehicle Act for:
- 7 days if it is your first offence in ten years
- 15 days if it is your second in ten years, and
- then 30 days for each subsequent conviction under the Motor Vehicle Act.
The Registry of Motor Vehicles has the discretion to suspend your licence for longer than the minimum period.
If you are later convicted of a criminal offence related to the impaired operation of a motor vehicle under the Criminal Code you will get a minimum 1 year license suspension for a first offence.
And, if you get a warn or fail, you may have to go to the police station to take a breathalyzer test.
Standardized Field Sobriety Test
The police may also demand that you do a Standardized Field Sobriety Test at the roadside, if the police have reasonable grounds to suspect that you’ve been drinking or taking drugs and driving within 3 hours of the drug or alcohol use. This test includes physical coordination exercises to test whether your ability to drive has been impaired by alcohol or drug use. For example, you may be asked to stand on one leg or walk in a straight line.
You do not have the right to refuse to take this test. You do not have a right to speak with a lawyer before doing the Standardized Field Sobriety Test.
If you fail the Standardized Field Sobriety Test the police can demand that you go to the police station for a breathalyzer test or drug evaluation tests.
Breathalyzer Test
The police can demand that you go to the police station for a breathalyzer test if they have reasonable grounds to believe:
- your ability to drive is impaired by alcohol, or
- you have more than the legal limit for alcohol in your blood.
For example, reasonable grounds could be based on a warn or fail on a roadside breath test or Standardized Field Sobriety Test, and also on things like the smell of alcohol, glossy eyes, or unusual behaviour.
If a police officer demands that you take a breathalyzer test you must go with the police officer to take the test, usually to the police station.
If you are asked to take a breathalyzer test the police must tell you that you have a right to speak with a lawyer and must give you a reasonable chance to contact a lawyer before taking the test. And you have the right to remain silent if the police ask you questions. These are rights you have under the Charter.
Always ask to talk to a lawyer before you take a breathalyzer test.
You must be given a chance to speak with a lawyer in private. Nova Scotia Legal Aid Duty Counsel is available 24 hours a day, 365 days a year for people who are in police custody. It is free to talk with Legal Aid Duty Counsel. The Legal Aid Duty Counsel service is available in English, French, and other languages through an interpreter. Tell the police officer that you want to talk to Duty Counsel if you don’t have your own criminal lawyer. However, if you have a particular private lawyer that you would like to contact, you are entitled to request a lawyer by name.
The breathalyzer test measures your blood alcohol level. It uses a different device than a roadside breath test. The breathalyzer test is much more reliable and sensitive.
If your breathalyzer results show that your blood alcohol level is over .08 you will be charged with '.08 or above', and you will likely also be charged with 'operating a motor vehicle while impaired'. You cannot be convicted of both impaired operation and ‘.08 and above’.
Drug Recognition Evaluation
If drug use is suspected, the police can demand that you give a roadside oral fluid sample (saliva test). This test can quickly detect the presence of cannabis in your system.
If the result of a roadside oral fluid sample test is positive, or if the police believe you are under the influence of drugs (either alone or together with alcohol) you could be taken to the police station for a full “Drug Recognition Evaluation”, which involves more tests. Police have expert officers trained in a 12-step method to determine if a person is impaired by drugs. This includes physical co-ordination exercises similar to the Standardized Field Sobriety Tests. This also includes things like your:
- blood pressure
- oral body temperature
- pulse
- pupil size in different lighting conditions.
The expert officer will look at all of the test results. Results of this drug recognition evaluation could provide police with grounds to do a blood, urine or saliva sample test to confirm the presence of a drug or drugs. Even before the toxicology report is prepared, the results of the physical tests can give the police the grounds to lay a charge of impaired driving or driving over the prescribed limit of whatever drug is detected.
If you are asked to take drug recognition evaluation tests the police must tell you that you have a right to speak with a lawyer and must give you a reasonable chance to contact a lawyer before taking the tests. And you have the right to remain silent if the police ask you questions. These are rights you have under the Charter.
Always ask to talk to a lawyer before you take a breathalyzer test.
You must be given a chance to speak with a lawyer in private. Nova Scotia Legal Aid Duty Counsel is available 24 hours a day, 365 days a year for people who are in police custody. It is free to talk with Legal Aid Duty Counsel. The Legal Aid Duty Counsel service is available in English, French, and other languages through an interpreter. Tell the police officer that you want to talk to Duty Counsel if you don’t have your own criminal lawyer. However, if you have a particular private lawyer that you would like to contact, you are entitled to request a lawyer by name.
Blood Sample
Police may take a blood sample if they have reasonable grounds to suspect that you’ve been drinking within 3 hours of driving, and:
- you are physically unable to give a breath sample, or
- it is not practical for you to give a breath sample because of the circumstances.
For example, police may take a blood sample if you are in a crash and unconscious. Or if you are unable to provide a breath sample because of a respiratory illness.
Police may also take a blood sample if the presence of drugs is indicated by an oral fluid screen (saliva) or a drug recognition expert officer determines a driver has taken a particular drug or drugs.
Blood samples may only be taken by, or under the supervision of, a qualified medical professional who can verify that taking blood will not put your health or safety at risk. You have the right to speak with a lawyer before giving a blood sample. If you are unconscious the police must get a warrant to take a blood sample.
What if I refuse to take any of the tests police ask me to take?
If you refuse to take any of the tests you can be charged with a criminal offence for failing to comply with a police demand.
You do not have the right to contact a lawyer before taking a roadside breath or saliva test, or a Standardized Field Sobriety Test.
You have the right to contact a lawyer before taking a breathalyzer test or drug recognition evaluation tests. Use that right.
It is a criminal offence to refuse to take any of the tests when the police demand it. If you are found guilty of refusing to comply with a police demand you will be sentenced to a minimum $2000 fine and a 1 year driving prohibition for a first offence.
The general rule is that you must take the tests when the police demand it, unless you have a reasonable excuse for refusing. A court will decide whether you had a reasonable excuse for refusing. It is hard to show a reasonable excuse. The law on this issue is complicated, so if you have been charged with a refusal it is best to speak with a lawyer.
What are the Criminal Code penalties if I am convicted of impaired driving, driving with a blood alcohol or drug level over the legal limit, or refusal?
Sentencing is a very individualized process. The court will look at your circumstances and the facts. Things like prior driving or alcohol/drug related offences may increase the sentence. A judge might give a harsher sentence if the driver had a high concentration of drugs/alcohol in their system, if someone was injured, or if property was damaged.
| Offence | Minimum Penalty | Maximum Penalty | Driving Prohibition |
|---|---|---|---|
| Impaired First Offence |
BAC 80-119 mg: $1,000 |
5 years in prison | 1 year |
| Impaired Second Offence | 30 days in jail | 5 years in prison | 2 to 5 years |
| Impaired Third (or more) Offence | 120 days in jail | 5 years in prison | 3 years to life |
| Refusal First Offence | $2,000 | not applicable | 1 year |
| Refusal Second Offence | 30 days in jail | 10 years in prison | 2 to 5 years |
| Refusal Third Offence | 120 days in jail | 10 years in prison | 3 years to life |
Look at the federal Department of Justice Impaired Driving Sentencing Chart, under Penalties, for more information. And, speak with a lawyer so that you understand all of the potential penalties for your situation.
In some cases a person may be allowed to drive during the driving prohibition period if they take part in an Alcohol Ignition Interlock Program. There may be a waiting period before the offender can take part in an Alcohol Ignition Interlock Program, although a judge may waive the waiting period.
The maximum jail term for these offences ranges from 18 months for a summary, or less serious offence, to 10 years for an indictable, or more serious offence. The Crown prosecutor decides whether to process the charge as a summary or indictable offence. If you are convicted of any of these offences you will also have a criminal record.
In addition, you may find it difficult to get insurance coverage and you can expect to pay very high insurance rates.
Will I lose my driver's license?
Roadside license suspension under Nova Scotia's Motor Vehicle Act:
You may have your license suspended even if your blood alcohol level is .08 or less.
If you get a 'warn' on your roadside screening test, or if your breathalyzer test shows a blood alcohol level between .05 and .08 (50 to 80 mg of alcohol in 100 mL of blood), you may have your driver's license suspended immediately.
Roadside license suspensions under Nova Scotia’s Motor Vehicle Act are:
- 7 days for a first suspension within 10 years
- 15 days for a second suspension within 10 years
- 30 days for a third or subsequent suspension within 10 years.
3 month (90 day) administrative suspension under Nova Scotia's Motor Vehicle Act:
If you are criminally charged with impaired operation of a vehicle under any of the Criminal Code sections, then, in addition to being charged criminally, your driver's license will be suspended for 3 months starting 7 days after the incident. The police officer will give you a temporary 7 day driver's license to give you time to find alternative transportation, and when that runs out your driver's license will be suspended for the following 3 months.
You can apply to the Registrar of Motor Vehicles through Service Nova Scotia to have this administrative suspension reviewed. To do this you must file an application for review, pay the required fee, and, if you haven’t already done so, hand-in your driver's license. If you want an oral hearing, you must ask for one.
After you file for a review and pay the fee, the review generally happens within 10 days for a review of written evidence, or within 20 days for an oral hearing.
Applying for a review does not stay (lift) the suspension of your driver's license.
If your appeal to the Registrar of Motor Vehicles is not successful, you can appeal the Registrar's decision to the Motor Vehicle Appeal Board. You can contact the Motor Vehicle Appeal Board at:
Website: novascotia.ca/sns/access/drivers/motor-vehicle-appeal-board.asp
Telephone: (902) 424-4256 or 1-855-424-4256
Address: Motor Vehicle Appeal Board, 1672 Granville Street, Halifax, NS B3J 2N2
The administrative suspension under the Motor Vehicle Act is in addition to any period of driving prohibition imposed by the criminal court if you are convicted of impaired driving or refusal.
Criminal Code driving prohibitions:
If you are convicted of impaired driving, driving over .08, or refusal, you will be prohibited from driving for:
- First offence: 1 year from the conviction date, possibly up to 3 years. If you participate in the ignition interlock program, you may drive again after three months’ suspension
- Second offence: 2 years from the conviction date, possibly up to 5 years. If you participate in the ignition interlock program, you may drive again after 6 months' suspension
- Third or subsequent offence: 3 years from the conviction date, possibly for life. For a third offence only - if you participate in the ignition interlock program, you may drive again after 12 months' suspension.
Note: A judge may waive the waiting period for applying for the ignition interlock program.
Violations of Criminal Code driving prohibitions are a criminal offence. Penalties include fines, probation, and jail for up to 5 years.
The Registrar of Motor Vehicles may revoke a driver’s license for a longer period than the one imposed by the criminal court. Generally the Registrar of Motor Vehicles will revoke a driver’s license for 1 year for a first offence, 3 years for a second offence, 10 years for a third offence, and permanently for a fourth offence.
If you are convicted of impaired driving or driving over .08 and you had a child under 16 in your car when the crime happened, the Registrar of Motor Vehicles will revoke your license for an extra year (for example, at least 2 years for a first offence), and participation in the Alcohol Ignition Interlock Program will be mandatory.
What is the Alcohol Ignition Interlock Program?
The Alcohol Ignition Interlock Program allows you to drive during the mandatory driving prohibition period, as long as you meet all program conditions and are driving a vehicle in which an ignition interlock device has been installed. An ignition interlock device requires drivers to provide a breath sample before they can start the vehicle. It also requires them to periodically give more breath samples during longer trips (about 10 to 12 samples a day).
The program is optional for most low and medium risk first-time impaired drivers, but mandatory for:
- those convicted of impaired driving who had a child under 16 in the car when the offence happened; and
- repeat and high risk impaired drivers; and
- those convicted of impaired driving causing bodily harm or death.
To get back on the road repeat and high-risk impaired drivers must have an interlock ignition device installed in their vehicle, and must complete alcohol rehabilitation counselling and education. Program participants must have an interlock device fitted to their vehicle’s ignition. The driver blows into the device, which measures blood alcohol levels. The vehicle will not start if the driver’s blood-alcohol reading is above .02 mg of alcohol per 100 mL of blood. The driver must `also periodically provide breath samples while the vehicle is running. Information recorded on the interlock device must be downloaded every 60 days, and is used in deciding whether the person should stay in the program.
The alcohol rehabilitation component of the program is operated by Addiction Services. It involves an alcohol or drug use evaluation, completion of the Driving While Impaired education program, a risk assessment, and counselling sessions. Participants pay about $1700 to $2000 for their first year in the program, in addition to about $400 for Addiction Services . This does not include other costs associated with alcohol-related convictions, such as legal fees, court fines, increased insurance premiums, and a license reinstatement fee.
Contact Service Nova Scotia at (902) 424-5851 or 1 800-898-7668, or visit novascotia.ca/sns/rmv/interlock/ for more information about the Alcohol Ignition Interlock Program.
Last reviewed July 2020