2nd DUI Offence

Updated: March 14, 2026
Legally Reviewed by Alan Pearse

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

Being charged with a 2nd DUI offence may lead to considerably harsher treatment by the legal system than a first offence.

With a 2nd offence, it is harder to plead that it was an honest mistake. The Crown prosecution is less likely to be flexible and more likely to push for stronger punishments to deter any further repeat offences.

The system is certainly trying to clamp down repeat offenders.

However, with Alan Pearse working on your defence, you have support from a DUI lawyer with considerable experience in helping those accused of DUI avoid the most serious consequences.

Consequences for 2nd DUI Offence in the Northwest Territories

According to the Canadian Criminal Code, impaired driving (or DUI as it’s often termed) is when a person “operates” or “controls” a conveyance (motor vehicle) while his/her ability to do so is impaired by alcohol or a drug.

As a repeat offender, a conviction for a 2nd DUI Offence is likely to result in longer jail time, lengthier driving suspensions, and other consequences.

Your situation is even more perilous if you commit the 2nd DUI Offence within five or ten years of the first offence – jail time will likely be extended.

Crown prosecutors will try to show that you are a persistent threat to the lives of other people on the road and will push for the strongest penalties possible.

The federal laws allow for the following minimum penalties:

A fine of $1,000
30 days in jail
24-month driving prohibition
Driving with an ignition interlock device for 12 months after the day of the sentence (usually for a period of two years if the first offence was within 5-10 years)

If nobody was killed, the maximum jail sentence is two years for a summary conviction and five years for an indictable offence.

Where bodily harm has been caused, the maximum jail term is 14 years. If someone has been killed, the maximum penalty is life imprisonment.

As well as the possibility of jail time, the longer-term consequences for a 2nd DUI Offence include a lifelong criminal record and possible restrictions on employment, eligibility for visas, and travel in the future.

However, with strong legal representation for a 2nd offence charge, there is the possibility of case dismissal or leniency.

Prohibitions and suspensions for 2nd DUI Offence

A DUI charge will generally result from one of the following:

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

In addition to the criminal charge(s) that you face, there may be an administrative suspension will suspend your licence. In the case of a DUI 2nd offence, it will be automatically suspended for at least one year.

The actual suspension may be longer than the criminal suspensions you receive. Indeed, it is possible to lose your license permanently.

It is sometimes possible to receive a “hardship license” that allows you to carry on driving under severe restrictions – but these are only granted in exceptional cases.

If you are fortunate enough to be granted a hardship license, an Ignition Interlock Device will be installed in your car for at least one year, at your own expense.

Possible defence for 2nd DUI Offence in the Northwest Territories

Defending a 2nd DUI Offence requires considerable legal expertise. It’s very important to contact your lawyer as soon as possible after you are arrested.

Even if you know that you were driving over the limit, resist saying anything that could harm your defence and wait until you can speak to your lawyer.

Alan Pearse will start building your defence by examining the evidence against you, checking all the technical data collected from the scene of the incident and making sure that your civil liberties were not contravened when you were arrested and charged.

You have rights that are protected by the Canadian Constitution and sometimes during DUI arrests, charter rights are breached.

This is often the starting point for your defence as mistakes by police officers can sometimes mean that evidence is not admissible in court and the case must be dismissed.

Sometimes, too, correct protocols were not followed by law enforcement when gathering their evidence.

If your case goes to trial, Alan Pearse will vigorously defend your interests and work with the Crown prosecution to mitigate the consequences for you.

He is an established DUI lawyer and is experienced at negotiating the best outcomes for those charged with DUI offences.

Even if you are convicted of the offence, his influence may be able to reduce the severity of your sentence.

2nd DUI Offence and in need of legal advice?

Alan Pearse has successfully contested countless DUI cases and can defend you against 2nd offence charges.

Together, we can ensure that a DUI charge does not jeopardize your future any more than absolutely necessary.

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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.