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Marijuana DUI

Updated: April 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.

A Marijuana DUI in the Northwest Territories can lead to serious criminal charges, even though cannabis is legal across Canada.

Many drivers assume impaired driving charges only apply to alcohol, but blowing over .08 is just one of the ways in which you can be charged with impaired driving in Canada.

The same charge can also apply if police believe your ability to operate a vehicle is impaired by marijuana or any other drug.

While cannabis use is legal, driving under its influence is not, and the penalties are just as severe as alcohol-related offences.

A conviction can result in a criminal record, licence suspension, significant fines, and even jail time. If you are facing a marijuana DUI charge, it is important to speak with an experienced impaired driving lawyer like Alan Pearse as soon as possible to protect your rights and your future.

What signs do the police look for with a marijuana DUI in the Northwest Territories?

Some of the signs associated with driving under the influence of marijuana are similar to those associated with alcohol – but there are differences too.

For instance, speeding is often associated with a DUI with alcohol whereas the opposite may be true in the case of marijuana.

If your car is swerving or going too slow, for instance, the police may stop you and check for other signs of marijuana usage, such as:

  • Slurred speech
  • Bloodshot or “glassy” eyes
  • Impaired mental abilities
  • Impaired motor skills
  • Marijuana odours in your car

How do police detect if you are a Marijuana impaired driver?

Initial checks and observations alone by law enforcement officers are not sufficient to charge you with impaired driving for marijuana usage.

The Criminal Code grants the police permission to demand a Standardized Field Sobriety Test (SFST) if they suspect the use of drugs or alcohol.

This includes a physical conditioning test, which allows officers to check for the signs of impairment by asking the driver to walk in a straight line, stand and turn, and/or stand on one leg.

The results of this test can be used as evidence in court and/or provide a basis for more formal tests to be conducted at the police station, including a Drug Recognition Evaluation (DRE) and a urine or blood test.

According to the Code, a police officer can perform forthwith physical coordination tests prescribed by regulation to enable the peace officer to determine whether a demand may be made and, if necessary, to accompany the peace officer for that purpose

What is the difference between alcohol and Marijuana DUI charges?

In Canada, the legal system actually uses the term “impaired driving” for the criminal offence of operating a motor vehicle while under the influence of drugs or alcohol.

While “driving under the influence” or “DUI” is widely understood, it is an American term that is not used within the Canadian system.

Impaired driving cases involving alcohol and marijuana are treated the same way by the legal system, though as you have seen there are differences in how the crime is investigated.

A breath test can be conducted to determine the Blood Alcohol Concentration level (BAC). If a driver’s BAC is at or over 0.08 percent, it will lead to an arrest and a trip to the station.

However, a breath test is not a reliable detector of THC, which is the main active ingredient in marijuana. THC presence will generally be established by the results of a urine or blood test at the police station.

The presence of any THC (regardless of the amount) in the blood or urine can lead to an impaired driving charge.

For the applicable test to be legally enforced, the police officer must have reasonable suspicion that you operated a vehicle under the influence of drugs or alcohol.

What are possible defences for Marijuana DUI charges?

Regardless of the evidence against you in a marijuana driving charge, a skilled and experienced lawyer can work to get the case dismissed or at least mitigate the consequences you face.

These cases often hinge on the actions of police officers and the accuracy of the equipment. Alan Pearse will scrutinize these in fine detail while ensuring that your constitutional rights have been upheld.

Why did the police stop you and how was the presence of marijuana detected in your body? Were the correct timescales adhered to by police officers for the tests? Was the urine or blood test conclusive?

These are just some of the key questions that Alan Pearse will examine to find potential issues with the prosecution’s case against you.

Mistakes often happen in investigations and cases can be dismissed on small technical details.

Marijuana DUI charge and need legal advice?

Punishments for marijuana impaired driving charges are as harsh as for alcohol-related impaired driving.

That means a heavy fine, possible jail time, and loss of your driver’s licence, as well as a lifelong criminal record that can have long-term consequences.

With such harsh penalties, it’s important to start working on your defence as soon as you are arrested.

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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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