Drinking and Driving
DON’T CROSS THE LINE…
Manitoba’s Tough Stance on Drinking and Driving
–
What Does it Mean to You?
Drinking and
Driving is a Crime
Immediate Consequences
under The Highway Traffic
Act
Criminal Charges
and Consequences upon Conviction
Other Considerations
Drinking and Driving is a Crime.
Drinking and driving is dangerous and it’s a
crime. Manitoba takes a tough stand against drinking and driving any
kind of vehicle, on or off the road.
Protect the safety of your family, friends and
neighbours. Be road wise – make the right choice – don’t drink and
drive!
Note - Fees and charges referred to below are
subject to change.
Immediate Consequences under The Highway
Traffic Act:
When stopped by the police, your driver’s licence
can be suspended immediately for 24-hours if:
-
You fail or refuse a standardized field
sobriety test (SFST). Trained officers have the authority to
administer a series of field sobriety tests to assess whether a
driver is impaired by alcohol or drugs.
-
You fail an approved roadside breath screening
device.
-
You have a blood alcohol concentration of .05
or more.
When your licence is suspended for 24-hours:
-
You are disqualified from driving any type of
vehicle on or off the road for the same time period.
-
You are subject to a $50 reinstatement fee.
-
If you receive two or more 24-hour suspensions
in a three year period, you will be required to attend a mandatory
impaired driver’s assessment at your own expense.
Along with the immediate 24-hour suspension:
-
If your blood alcohol concentration is .08 or more:
- You will immediately receive a three-month
administrative driver’s licence suspension, including disqualification
from driving any vehicle including all-terrain or off-road vehicles.
- 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.
- You will immediately receive a three-month
administrative driver’s licence suspension, including disqualification
from driving any vehicle including all-terrain or off-road vehicles.
- Your vehicle will be impounded for at least 60 days.
-
You will immediately have your licence
suspended for 24 hours.
-
You can also be asked to take a
breathalyzer test, which could lead to an additional three-month
licence suspension and vehicle impoundment if you refuse or fail
the test.
Criminal Charges and Consequences upon
Conviction
In addition to the immediate consequences
enumerated 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 breathalyzer may receive
the following penalties:
-
A minimum fine of $600 for a first conviction.
-
A mandatory minimum jail sentence of 14 days
for a second conviction or 90 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 of 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 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 with 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.
Other Considerations:
- 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 offenders of impaired driving
cause death or bodily harm and all repeat 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 $450 for a 30-day
impoundment and $900 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 fee of
$50.
- Undergo an assessment of your alcohol/drug use
at a cost of $400. The assessment is conducted by the Addictions
foundation of Manitoba (AFM).
- Pay a licence surcharge premium to Manitoba
Public Insurance of up to $999.
- Complete driver exams or a driving course, at a
cost ranging from $35 to $150.
- Some driver’s licence suspensions may be
appealed to the Licence Suspension Appeal Board of Driver and
Vehicle Licencing. 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 the nearest AFM office:
Brandon |
(204) 729-3838 |
Dauphin |
(204) 622-2021 |
Portage la Prairie |
(204) 857-8353 |
Flin Flon |
204) 687-1771/1770 |
The Pas |
(204) 627-8140/8141 |
Thompson |
(204) 677-7300 |
Winnipeg |
(204) 944-6200 |
Brandon |
(204) 729-9487 |
Dauphin |
(204) 622-2783 |
Portage la Prairie |
(204) 856-2624 |
Thompson |
(204) 677-1421 |
Winnipeg |
(204) 985-0980 |
Rural Manitoba toll-free line |
1-866-323-0543 |
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