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Driving Over .08

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.

Driving Over .08 Key Takeaways

  1. “Over 08” refers to how much alcohol you have in your body. You don’t have to be drunk.
  2. The crown usually proves your blood alcohol level with a certificate of analysis.
  3. If you are charged with an “over 08,” you want to show that the certificate of analysis is inadmissible.
  4. The law in this area is very complex. In fact, Mr. Pearse wrote an entire book only dealing with breathalyzer certificates.

Driving Over .08 Charges in the Northwest Territories

Driving “over 08” is a criminal offence as per section320.14(1) of the criminal code. This is a separate offence from impaired driving. Essentially, the police must prove that the accused’s blood alcohol level was over the legal limit. For this offence, it is irrelevant whether or not the accused’s ability to operate a motor vehicle was impaired. Some people can have a very high tolerance for alcohol, typically because they routinely consume alcohol, and have done so for many years. These people may well display no indicia of impairment, and yet still be over the legal limit.

For example, one would expect that a 40-year-old man and an 18-year-old man would display very different indicia of impairment even if their blood alcohol levels were the same. The 18-year-old man likely has very little experience with alcohol, and may well have only been consuming alcohol routinely for a couple of months. The 40-year-old man likely began drinking when he was approximately 18, or slightly younger, and has been routinely consuming alcohol socially for several decades (perhaps he drinks a six pack of beer every Friday). Both of these men may well have the same blood alcohol level (let’s say that they both blew .15). However, in the normal course of events we expect the 40-year-old man to look significantly less impaired that the 18-year-old man. Both are guilty of the same offence.

While there are exceptions to this, the most common way that the crown will attempt to prove the accused’s blood-alcohol level will be with a certificate of analysis. The law governing certificates of analysis is highly complex, dense, counterintuitive, and specialized. It does not lend itself to quick or simple descriptions. Essentially, if the police comply with all of the requirements under the criminal code and the Constitution, then the blood alcohol level contained in the certificate of analysis is presumed to be the same as at the time of driving. This means that, unless a defence is raised, the accused will be convicted of the “over 08” charge.

This is in fact where most of the litigation in a DUI charge takes place. The main issues that a DUI lawyer will look at often relate to whether the certificate of analysis is admissible, and if it is admissible, whether or not the crown will be able to rely on the statutory presumption. Mr. Pearse wrote a book dealing with these exact scenarios.

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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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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.

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