Driving While Disqualified

If you are convicted of impaired driving in in the Northwest Territories, you will serve a provincial licence suspension and a criminal driving prohibition. These periods can overlap, or one can be longer than the other.

If you drive during this period, you are in breach of these orders.

In many cases, you will be looking at a period of incarceration for this offence, especially if you are charged with driving while disqualified as per section 320.18 of the Criminal Code.

Alan Pearse can help you escape the most serious consequences of this offence with his vast experience in handling similar cases across the Northwest Territories.

What constitutes Driving While Disqualified in the Northwest Territories?

As the name suggests, “driving while disqualified” occurs when you drive after the court has ordered you not to, or if you drive in a manner that the court has ordered you not to.

Violating this is a separate crime. Indeed, this offence can occur immediately after your conviction. For example, if you are convicted of impaired driving and then attempt to drive home from court, you could be charged with this offence.

Consequences for Driving While Disqualified in the Northwest Territories

A conviction for driving while disqualified means that on top of your impaired driving conviction, you have a second criminal conviction.

Although it is not common to receive a custodial sentence for an initial conviction of impaired driving, many judges will seek a custodial sentence (jail) for driving while disqualified. The concern here is that you have ignored the previous order.

Alan Pearse can help you avoid the worst-case scenario (jail time) and may be able to get the charges dropped entirely.

Penalties for Driving while your licence is suspended

In the Northwest Territories, it is an offence to drive while your licence is suspended, while you are disqualified from driving, or while you are prohibited from operating a motor vehicle by a court, the Registrar, or an adjudicator. This rule applies under section 119 of the Northwest Territories Motor Vehicles Act.

If convicted under the Motor Vehicles Act, the general penalty may include:

a fine of up to $5,000
imprisonment for up to six months
or both a fine and jail time

The court may also consider the reason for the suspension, the driver’s record, whether there are prior offences, and whether the suspension was connected to impaired driving or another serious driving offence.

Possible Defenses to Driving While Disqualified

Although there are less defenses to driving while disqualified, it is still possible to avoid a conviction or a custodial sentence. For example, you may have the common law defense of “necessity” or “duress.” Further, even if you do not have a defense to the charges, you may have very compelling circumstances that help you avoid custody.

Alan Pearse can help you avoid the worst-case scenario (jail time) and may be able to get the charges dropped entirely.

In need of legal advice?

Alan Pearse has successfully contested driving while disqualified charges across Calgary.

He can help you defend your charges by exploring all possibilities and by liaising closely with the prosecution.

If your case goes to trial, Alan Pearse will vigorously defend your interests.

For an assessment of your case and advice on the suggested next steps, get in touch with Alan and his team.

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DUI & DWI Services

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Testimonials

I’m a single mother, and was going through a very bad breakup. I made a terrible mistake by drinking and driving, and put my child at risk. However, this is not who I really am. I’m generally very against drunk driving. I know that what I did was wrong, but I’m basically a good person. Alan met with me very quickly, and got the ball rolling. He was straightforward and honest, and told me what my chances were. I eventually decided to fight the charges, because I just couldn’t have a criminal record. I was very impressed with his abilities in court, and I eventually won the trial. Thank you so much.

Mz W.

Allan Pearce was amazing and made the whole process easy to understand and gave me peace of mind. His experience and knowledge assured me that I had nothing to worry about. I highly recommend him as I didn’t even have to step a foot in the court room and he won my case with ease. If you end up in the same situation give this man a call because he gets results fast. Thank you Allan for everything, I am very grateful for how quickly you resolved this problem for me and how easy you were to talk to.

Lissa K.

Frequently Asked Questions

Will I Lose My Licence From a DUI Charge in Canada?

A DUI or impaired driving charge in Canada can result in a licence suspension, but whether you lose your licence — and for how long — depends on several factors including your province or territory, whether you are convicted, and whether it is a first or repeat offence. Here is a general breakdown:

Immediate roadside suspension: In most Canadian provinces and territories, including the Northwest Territories, police can suspend your licence immediately at the roadside upon a failed or refused breathalyzer test — before any court conviction
Upon conviction — first offence: A mandatory driving prohibition of at least one year is imposed federally under the Criminal Code of Canada
Upon conviction — second offence: A minimum two-year driving prohibition
Upon conviction — third or subsequent offence: A minimum three-year driving prohibition
Impaired driving causing bodily harm or death: Driving prohibitions can extend significantly longer, up to a lifetime ban in the most serious cases

It is important to understand that a charge alone does not automatically result in a permanent licence loss — a conviction does. Fighting your DUI charge with the help of an experienced lawyer may help you avoid or reduce the impact on your driving privileges. Additionally, some jurisdictions offer Ignition Interlock Programs that allow drivers to regain limited driving privileges while serving their prohibition period.

How Long Does a DUI Stay on Your Record in the Northwest Territories?

A DUI conviction in the Northwest Territories results in a permanent criminal record under the Criminal Code of Canada. This record does not disappear automatically over time. However, individuals may be eligible to apply for a Record Suspension (formerly known as a pardon) through the Parole Board of Canada after a waiting period:

Summary conviction DUI: Eligible to apply 5 years after completing your sentence
Indictable conviction DUI: Eligible to apply 10 years after completing your sentence

A Record Suspension does not erase the conviction but seals it from most background checks. It is important to note that a DUI on your record can impact employment opportunities, travel to the United States, professional licensing, and custody matters. Speaking with an NWT DUI lawyer about your long-term options is highly recommended.

What Are the DUI Penalties in the Northwest Territories?

In the Northwest Territories, DUI penalties include both federal criminal consequences under the Criminal Code of Canada and territorial administrative sanctions under the NWT Motor Vehicles Act. Here is what you can expect:

Immediate roadside licence suspension upon failing or refusing a breathalyzer test
Criminal conviction resulting in fines, imprisonment, and a driving prohibition
Mandatory participation in the NWT’s Ignition Interlock Program following certain convictions
Vehicle impoundment in applicable circumstances
Increased insurance premiums or potential loss of coverage
Permanent criminal record affecting employment, travel, and border crossing into the United States

Penalties become significantly more severe for repeat offenders or where impaired driving caused injury or death. An NWT DUI lawyer can help you understand your specific charges and available defences.

Can you drive under the influence of cannabis in Canada?

While cannabis has been legalized in Canada, it doesn’t mean you’re free to drive after taking it.

Basic to Canadian highway laws is the responsibility to exercise due care for the safety of other road users.

If your judgement is in any way impaired while driving – be it through the use of alcohol, illicit drugs, or prescription drugs – you may be committing a criminal offence and can be arrested and charged.

Cannabis consumption is confirmed by a blood or urine test, which will measure the amount of THC (the psychoactive substance in cannabis) in your system.

If you read over 2 nanograms (ng) of THC per millilitre of blood, you are breaking the law. If the reading is over 5ng, you will likely face more severe punishments.

What are the federal penalties for impaired driving?

While each province imposes penalties for impaired driving, the Department of Justice lays down some federal guidelines for the offence.

These include the following mandatory minimum penalties:

For first-time offenders:

A mandatory minimum fine of $1,000 applies for a BAC of 0.119 or (for a drug-impaired driving charge) 5ng of THC or any other prohibited drug in your system within two hours of driving.

If you are found with 2.5ng of THC per ml and a BAC of .05 combined, the mandatory minimum fine is also $1000.

Fines increase according to BAC content from there:

0.120 to 0.159: a minimum $1,500 fine
0.160 or higher: a minimum $2,000 fine

For second-time offenders:

A second conviction for any of the above will result in a mandatory minimum of 30 days in prison.

For third-time offenders:

A third conviction for any of the above will result in a mandatory minimum of 120 days in prison.

The federal guidelines state that the maximum penalty for each of the above charges is 10 years in prison.

Not providing a sample:

If you choose not to provide a blood or urine sample to police you will be treated harshly, with a minimum fine of $2,000. The chances of a conviction are also high.

If an injury to another person results from your impaired driving, a summary conviction carries a maximum of two years in prison less a day.

In some particularly serious cases, the offence is charged as an indictment, with a maximum prison term of 14 years.

If your impaired driving causes the death of another individual, a life prison term is possible according to federal guidelines for indictments.

In addition to these federal guidelines, each province sets mandatory penalties for the removal of driving privileges and participation in drug and alcohol education programs.

Note that if you are convicted of impaired driving in Canada, you will face two separate driver’s license suspensions: a criminal suspension imposed by the federal government and an administrative suspension imposed by your provincial government. The administrative suspension will apply regardless of the outcome of your criminal case.

How to Beat a DUI or Impaired Driving Charge

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Case Results

Mr. L Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mz. B. Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mr. B Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mr. M Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.