3rd DUI Offence

Updated: March 13, 2025
Legally Reviewed by Alan Pearse

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

If you’re charged with a 3rd DUI offence, you have already been through the criminal justice system twice so you know more or less what to expect.

However, with a 3rd offence, it’s much tougher for your lawyer to argue that your behaviour was an honest mistake.

The Crown prosecution will likely try to paint a picture of habitual behaviour that presents a grave risk to the public.

Stronger punishments will be sought in order to deter further offences. This may include a longer period in jail.

As an experienced DUI lawyer who knows the legal system inside out, Alan Pearse will build a defence to help you avoid the most serious consequences.

Penalties for 3rd DUI Offence in the Northwest Territories

The Canadian Criminal Code states that impaired driving is when a person “operates” or “controls” a motor vehicle while his/her ability to do so is impaired by alcohol or a drug.

There is actually no such thing as “DUI”, though the term is widely used.

Impaired driving has been a federal criminal offence since 1921 and, in recent times, the law has clamped down on repeat offenders.

Almost every person convicted of impaired driving will end up with a criminal record but with a skilled lawyer, the immediate and longer-term consequences can be mitigated.

When compared with a first or second offence, a conviction for a DUI 3rd offence usually results in longer jail time and other harsher penalties and restrictions.

If you commit the 3rd offence within five or ten years of the second offence, the penalties will be harsher still.

Crown prosecutors will attempt to demonstrate that you are a persistent threat to other motorists and road-users. They will try to persuade the judge to impose the heaviest penalties allowable under the law.

The federal laws dictate the following mandatory minimum penalties (if nobody was injured):

A fine of $1,000 (though it is likely to be considerably more)
120 days in jail (maximum sentence 10 years)
36-month driving prohibition

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.

Your precise punishment will depend on the circumstances of your case and your criminal background.

For instance, your fine is likely to be $5,000 or above rather than the federal mandatory minimum.

However, there are also longer-term consequences of a DUI 3rd offence conviction to consider, including:

A lifelong criminal record
Restrictions on employment
Ineligibility for visas and travel
Deportation (for non-Canadian citizens)

With strong legal representation from Alan Pearse, there is a possibility of case dismissal or a more lenient punishment that can help you avoid the most serious consequences.

Prohibitions and Suspensions for 3rd DUI Offence

In Canada, you can be charged for any of the following offences related to driving under the influence of alcohol or drugs:

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

You will face criminal charge(s) and your local province will also suspend your driver’s licence.

For a DUI 3rd offence, you may receive up to a 10-year suspension or it can even be suspended for life.

If your license is restored, you may face a lifetime enrollment in the ignition interlock program.

For impaired driving charges, it is sometimes possible to receive a “hardship license” that allows you to carry on driving under severe restrictions – but this is close to impossible for a 3rd offence.

Possible Defences for DUI 3rd DUI Offence in the Northwest Territories

There’s no getting around the fact that a 3rd DUI Offence is very tough to defend.

It requires a skilled and persuasive DUI lawyer if you are to avoid serious time in jail and other major consequences.

This makes it essential to contact your lawyer as soon as possible after you are arrested.

Do not say anything that could harm your defence. Ask to speak to your lawyer and do not be tempted to answer police questions even if you know that you were driving over the limit.

We 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 the police respected your rights under the Canadian Charter of Rights and Freedoms when you were arrested and charged

Your charter rights are a good starting point for any defence.

Mistakes by police officers in following the correct procedure may lead to the court denying the use of certain evidence. This can, in turn, result in your case being dismissed and charges dropped.

3rd DUI Offence and in need of legal advice?

Alan Pearse has successfully contested countless DUI cases for repeat offenders.

As an established DUI lawyer, 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.

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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.