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Manitoba Department

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.

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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.
  • If you refuse to provide a breath or blood sample or refuse to comply with an SFST demand:

  • 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.
  • If you fail a SFST:

  • 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.

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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.

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Other Considerations:

  • Under the Graduated Licencing Program in Manitoba, there is a zero blood alcohol content mandated for a minimum of the first three 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 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

  • For further information concerning driver’s licence suspensions, contact the nearest Driver and Vehicle Licencing Branch office:

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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