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Frequently Asked DUI Questions

Can You Drive Under the Influence of Cannabis in Canada?

No, driving under the influence of cannabis is illegal in Canada. Under the Criminal Code of Canada, it is a federal criminal offence to operate a motor vehicle while impaired by cannabis or any drug. Police can use Standard Field Sobriety Tests (SFSTs) and Drug Recognition Evaluations (DREs) to detect drug impairment. For cannabis specifically, having 2 nanograms (ng) or more of THC per millilitre of blood within two hours of driving is a summary offence, while 5 ng or more triggers more serious criminal charges. A conviction can result in fines, a criminal record, and a driving prohibition. If you have been charged with drug-impaired driving in the Northwest Territories, speaking with an experienced DUI lawyer is strongly advised.

Federal impaired driving penalties in Canada are governed by the Criminal Code of Canada and apply in every province and territory, including the Northwest Territories. Penalties escalate based on the number of offences:

  • First offence: Minimum $1,000 fine
  • Second offence: Minimum 30 days imprisonment
  • Third or subsequent offence: Minimum 120 days imprisonment
  • Impaired driving causing bodily harm: Up to 14 years imprisonment
  • Impaired driving causing death: Up to life imprisonment

All convictions also carry a mandatory driving prohibition and result in a permanent criminal record. Federal penalties apply regardless of blood alcohol concentration (BAC) if impairment is established by police. Retaining a qualified DUI defence lawyer can be critical to challenging the evidence and protecting your rights.

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.

Refusing a breathalyzer or roadside sobriety test in the Northwest Territories is a criminal offence under the Criminal Code of Canada and carries the same penalties as an impaired driving conviction. This means a refusal can result in:

  • A minimum $1,000 fine for a first offence
  • A mandatory driving prohibition
  • A permanent criminal record
  • Possible imprisonment for repeat refusals

Many drivers mistakenly believe that refusing a breathalyzer will help them avoid a DUI charge — this is not the case in Canada. Refusal is treated seriously by courts and can be equally damaging to your record and driving privileges. If you have been charged with refusing a breathalyzer in the NWT, contact a DUI defence lawyer immediately.

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.

In the Northwest Territories, there are two blood alcohol concentration (BAC) thresholds drivers must be aware of: one triggering administrative sanctions and one resulting in criminal charges:

  • Under 0.05 BAC (Warning Range): Under the NWT Motor Vehicles Act, drivers found between 0.05 and 0.079 BAC face immediate roadside administrative penalties including short-term licence suspensions and vehicle impoundment, even without a criminal charge
  • 0.08 BAC and over (Criminal Range): Under the Criminal Code of Canada, a BAC of 0.08 or higher is a federal criminal offence and triggers full impaired driving charges, fines, mandatory driving prohibitions, and a permanent criminal record

It is important to understand that even falling in the warning range below 0.08 can result in serious consequences in the NWT, including immediate licence suspension and escalating penalties for repeat occurrences. If you have been stopped and tested at any BAC level in the Northwest Territories, consulting with an NWT DUI lawyer can help you understand your rights and options.

Yes, a DUI conviction in the Northwest Territories can severely impact your ability to enter the United States. Under US federal immigration law, a DUI or impaired driving conviction may be considered grounds for inadmissibility, meaning you could be denied entry at the border. Here is what NWT residents should know:

  • A Canadian DUI conviction is visible to US border agents through shared databases between Canada and the United States
  • Even a first-time DUI conviction can result in being turned away at the border
  • To enter the US with a DUI on your record, you may need to apply for a US Entry Waiver (Form I-192), which can be a lengthy and costly process
  • A Record Suspension (pardon) in Canada does not automatically restore your ability to enter the United States
  • The consequences apply whether you are driving, flying, or crossing by any other means

For NWT residents who travel to the United States for work, family, or leisure, a DUI conviction can have long-lasting cross-border implications. Speaking with an experienced NWT DUI defence lawyer before resolving your charges can help you understand the full scope of consequences you may face.

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