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1st DUI offence

Updated: April 14, 2026
Legally Reviewed by: Alan Pearse

Mr. Pearse runs 100% of his own trials. Your trial matter will never be passed on to another lawyer.

Being charged with a DUI is very serious. However, if it is your first offence, the prosecution is more likely to be flexible providing you are able to argue a strong case.

Repeat offenders are seldom treated with leniency by the law but, in the case of 1st DUI offence, there is some understanding that people do make honest mistakes, especially when they are young.

Alan Pearse can help you build a strong defence that provides a good chance of avoiding the most serious penalties and may help you escape a lifelong criminal record.

Consequences of a 1st DUI offence in the Northwest Territories

The Canadian Criminal Code defines impaired driving (DUI) as when a person “operates” or “controls” a conveyance (usually a motor vehicle) while his/her ability to do so is impaired by alcohol or a drug.

The consequences of an impaired driving charge in are very severe, including fines, potential jail time, and license suspension, as well as a lifelong criminal record.

By the letter of the law, a DUI 1st offence can result in:

  • A fine of $1,000
  • A jail sentence of up to 18 months (if nobody was injured or killed)
  • A minimum of one year driving a car fitted with an ignition interlock device
  • Drivers’ license suspension (see below information)
  • Mandatory attendance at an education and treatment program

These penalties may be greatly increased if bodily injury or death is caused as a result of your impaired driving or if there are other aggravating circumstances (such as an open container of alcohol or drugs in the car or a child present at the time of arrest).

Penalties for repeat offenders are also harsher.

If you are convicted and end up with a criminal record, this can have longer-term consequences on your ability to find employment and travel to some countries (including the U.S.).

If you are not a Canadian citizen, you will be deported. This includes permanent residents who have been in Canada for many years.

However, with strong legal representation for a 1st offence charge, you have the chance of case dismissal.

Prohibitions and suspensions for a 1st DUI offence

A DUI charge can actually encompass a variety of alleged crimes, for instance:

  • Impaired driving (the usual term for DUI)
  • Over 80 mg of alcohol in 100 ml of blood (Blood Alcohol Concentration or BAC)
  • Failure to provide a breath sample

A charge for a 1st DUI offence will result in a mandatory 24-hour license suspension separate to the criminal charge(s) you face.

If your BAC is in the “warn range” (0.05 – 0.08) or you do not pass the Standard Field Sobriety Test, a first DUI offence charge will result in a mandatory roadside licence suspension.

This suspension applies nationwide.

If convicted, your license will be suspended for one year.

Depending on your circumstances, if you are a novice driver your licence may be revoked permanently. In this case, you will need to reapply for your licence in order to be able to drive legally again.

Possible defence for a 1st DUI offence in the Northwest Territories

If you are arrested for DUI, ask to speak to a lawyer as soon as possible.

Even if you know that your driving was impaired, you are entitled to a defence and that should start as soon as you are stopped.

You also have civil liberties that are protected by the Canadian Constitution.

To successfully contest a DUI case, Alan Pearse will start by examining the evidence against you. He will check all the technical data collected from the scene of the incident.

Sometimes, arresting police officers make mistakes in the process or breach your charter rights when processing the charges against you. At other times, evidence can be questioned or is not admissible in court.

This can result in outright case dismissal if it can be proven.

For instance:

  • If the police breach your rights, the breathalyzer certificate can be excluded
  • If the breathalyzer certificate is excluded, in most cases you will win the trial

If your case does go to trial, Alan Pearse is an established DUI lawyer who is used to working with the Crown prosecution to mitigate the consequences for clients.

He will defend your interests vigorously and, even if you are convicted, his influence can reduce the severity of the sentence.

In the worst-case scenario of a prison sentence, there is a chance that it can be served in the community rather than behind bars.

1st DUI offence and in need of legal advice?

Alan Pearse has successfully contested countless DUI cases for over ¼ century and can defend you against 1st offence charges.

Together, we can defeat the charge or at least reduce the consequences for your immediate and longer-term future.

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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.

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, 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.

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.

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.

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