Manitoba

Identification of Offenders. As in many other provinces, the police in Manitoba use random roadchecks and approved screening devices to help enforce impaired driving laws. Drivers who register a "warn" on an approved screening device (i.e., BAC 50 to 100 mg%) can have their licence suspended for 6 hours. Drivers who register "fail" (i.e., BAC over 100 mg%) can have their licence suspended for 12 hours and are requested to provide a breath sample in an evidential quality instrument. Failure to provide a sample or a BAC over 80 mg% on this device may result in a three-month administrative licence suspension (Revocation on Administrative Determination) and charges under the Criminal Code. The administrative licence suspension takes effect within seven days and is independent of any sanctions that might be imposed as the result of a conviction under the Criminal Code.

Criminal Code Offences. Drivers convicted of a first impaired driving offence are subjected to a six-month licence suspension. If an accident was involved, the suspension is 12 months. A five-year suspension is applied to second and subsequent offenders. Offenders are also required to undergo an assessment by the Addictions Foundation of Manitoba. Drivers may then be referred to an educational workshop, a program for high risk drivers or a treatment program. In some cases, no referral is made.

Licence Reinstatement. To be eligible for licence reinstatement, all convicted impaired drivers must complete the Impaired Driver Assessment, pay a $40 reinstatement fee and attend a reinstatement interview. If the assessment indicates that alcohol/drug use is not under control, driving privileges can be further suspended until documentation is received stating that the problem is under control. Drivers who have not held a licence for over 4 years must also pass a driver exam.

Convicted offenders can apply to the Licence Suspension Appeal Board for early licence reinstatement. No appeal is allowed for drivers convicted of more than two Criminal Code offences within a five year period.

Manitoba also operates a very active vehicle seizure and impoundment program. Under this program, drivers caught driving while under suspension can have their vehicle seized and impounded for 30 days.

Future Initiatives. Manitoba is currently considering implementing a lower BAC limit for novice drivers.