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Underage DUI Defence

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.

Across Canada, a zero-tolerance policy for underage drinking and driving means that the underage DUI law is extremely harsh on offenders.

While teenagers are inexperienced drivers and driving under the influence of alcohol or drugs seriously endangers the lives of others, it is unreasonable for one mistake made on the roads to negatively impact the rest of your life.

With representation from an experienced impaired driving lawyer, it is possible to escape the harshest consequences of an underage DUI charge.

Alan Pearse can help you prepare a strong underage DUI defence so that you can move on with your life unburdened by a criminal charge.

What is underage DUI?

The legal drinking age in Canada is 18 or 19, depending on your jurisdiction.

However, for the purposes of a DUI offence, there is a zero-tolerance policy for drivers aged 21 or under when it comes to drinking and driving.

This applies to all licence classes and novice drivers and means that you can be charged criminally for DUI if you are caught by the police driving after consuming ANY amount of alcohol or drugs, including cannabis.

Unlike for drivers aged over 21, for whom there is a legal Blood Alcohol Concentration (BAC) limit of .08, you will be arrested immediately if you are under 21 and found to be driving with even a minute amount of alcohol or drugs in your blood.

These measures were implemented by law enforcement across Canada years ago to curb rising underage DUI offences on the roads.

Possible consequences of an underage DUI charge in Northwest Territories

There are serious immediate and long-term consequences if you are charged and convicted of underage DUI.

Prohibitions and suspensions for underage DUI

The most immediate potential consequences are:

  • A fine of $1000-$1500
  • License suspension for 30 days for a first offence
  • Serving time in a juvenile detention centre
  • Community service

When you get your license back, you may be required to install an ignition interlock device in order to drive your vehicle.

Longer-term consequences of an underage DUI

The longer-term consequences of an underage DUI conviction can include:

  • A lifelong criminal record that shows on background checks (unless you are able to expunge the record)
  • Problems finding employment (especially jobs that involve driving a vehicle)
  • Travel or immigration restrictions
  • Increased insurance premiums

For repeat offenders, the possible consequences are even more serious, including longer or even permanent licence cancellations, and potential jail time.

In the case of a DUI under the age of 18 or 19 (depending on the province in which the offence occurs), minors may face additional penalties for the crime of underage drinking as well as driving under the influence.

Possible Defences for underage DUI in the Northwest Territories

Even if you are caught drinking and driving and are aged under 21, you still have a chance of escaping the worst-case scenarios.

Minors and those under the age of 21 have rights under the legal system and these rights are often the starting place for an underage DUI defence.

The law enforcement officers who stop you must respect your rights under the Canadian Charter and be able to demonstrate that you were operating the motor vehicle and that you had been drinking.

While the Crown prosecution no longer needs to demonstrate that law enforcement had “reasonable suspicion” (they can order you to take a breath test even without indications of alcohol impairment since the law was changed in 2018), they must demonstrate that the officers followed correct police practice when obtaining their evidence.

Criminal prosecutions for DUI entail a considerable amount of evidence and are often reliant upon the judgment of police officers and the accuracy of the equipment they use. There is a high burden of proof and an experienced lawyer may be able to call evidence into question. Unless it is watertight, it may be excluded from court.

This can often lead to a case being dismissed and no criminal record for the accused.

Even if you are convicted, Alan Pearse will fight to mitigate the consequences you may face.

Some courts offer DUI diversion programs, which allow DUI defendants to plead to a lesser charge or get their charges dismissed under certain conditions.

It is important to speak to Alan Pearse as soon as possible after you are arrested and charged so that we can begin working on your defence immediately.

This will give you the best chance of escaping a criminal record.

Underage DUI and in need of legal advice?

Alan Pearse has successfully contested countless underage DUI cases in Canada even for repeat offenders.

As a well-established DUI lawyer, he will work with you on a strong underage DUI defence that explores all possibilities for escaping a criminal conviction and the serious consequences it entails.

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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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