Losing your ability to drive is one of the most stressful experiences you can face. If you are dealing with a DUI license suspension in New Brunswick, you are likely worried about your job, your family, and your future. Getting around this province without a vehicle is incredibly difficult. We understand exactly how overwhelming and isolating this situation feels.
In Canada, impaired driving laws are incredibly strict and unforgiving. When you are pulled over, you are not just fighting a single legal system. You are forced to deal with both the federal Criminal Code of Canada and the provincial rules set by the New Brunswick Motor Vehicle Act.
Our goal is to give you clear, actionable guidance. We will explain exactly how to deal with the Registrar of Motor Vehicles, Service New Brunswick (SNB), and the police. This guide will walk you through the exact steps required to get your driving privileges back.
The Dual Legal System: Provincial vs. Federal Law
To understand your license suspension, you must first understand how Canadian impaired driving laws work. Many people are confused when they receive immediate roadside penalties before ever seeing a judge. This happens because Canada operates on a dual-track legal system.
First, there is the provincial administrative system. This is governed by the New Brunswick Motor Vehicle Act. Under this provincial law, police officers have the authority to suspend your license immediately at the side of the road.
Second, there is the federal criminal system. This is governed by the Criminal Code of Canada. If the Crown prosecutor secures a criminal conviction against you, a judge will impose federal driving prohibitions.
These two systems run at the same time. You can face severe provincial license suspensions from Service New Brunswick even if the Crown prosecutor eventually drops your criminal charges.
Immediate Roadside Suspensions Explained
New Brunswick recently updated its laws to give peace officers massive authority at the roadside. They no longer need a court conviction to take your license. If they suspect you have been drinking, they will demand a breath sample on an Approved Screening Device.
If you fail the roadside test, the penalties begin instantly. You do not wait for a court date. The police officer physically seizes your driver’s license right there on the highway.
Your vehicle will also be towed and impounded at your expense. The length of your license suspension and the fines you face depend entirely on your Blood Alcohol Concentration (BAC) and your driving history.
Penalties in the WARN Range (0.05% to 0.08% BAC)
In New Brunswick, you do not have to be over the legal criminal limit to lose your license. It is illegal to drive with a BAC between 0.05% and 0.08%. This is known as the “WARN” range.
You will not face federal criminal charges for blowing in the WARN range. However, you will face immediate, harsh provincial penalties enforced by Service New Brunswick. These infractions are recorded on your driving abstract.
The penalties for blowing in the WARN range escalate based on your history:
- First Offence (Within 5 Years): You will receive an immediate 7-day license suspension. Your vehicle will be impounded for 3 days. You will also have to pay a $200 provincial administrative penalty.
- Second Offence (Within 5 Years): Your license is suspended for 15 days. Your vehicle is impounded for 7 days. You will face a $350 penalty and must attend a mandatory education program.
- Third Offence (Within 5 Years): Your license is suspended for a full 30 days. Your vehicle is impounded for 7 days. You must pay an increased license reinstatement fee and complete an intensive impaired driver re-education course.
Penalties for Blowing Over 0.08% or Refusing a Test
If your BAC is 0.08% or higher, the legal consequences become much more severe. The same harsh rules apply if you refuse to provide a breath sample to a peace officer. In Canada, refusing a breath demand is treated just as seriously as failing the test.
For a first offence, you will face an immediate 90-day administrative driver’s license suspension. Your vehicle will be automatically impounded for 30 days. You will also face a $550 administrative penalty and a $281 license reinstatement fee at SNB.
If it is your second license suspension within 10 years, your vehicle will be impounded for 60 days. You will also be forced to participate in the provincial Ignition Interlock program for at least six months.
The New 15-Month Administrative Route
New Brunswick police now have a powerful new option to handle high BAC cases. To clear court backlogs, officers have the discretion to skip criminal charges entirely. Instead, they can issue a massive administrative penalty known as the Immediate Roadside Suspension (IRS) program.
Under this strict provincial route, police can suspend you for 15 months immediately. This includes a 3-month total driving ban, followed by 12 months of mandatory Ignition Interlock. You will also face a $1,000 penalty and a 30-day vehicle impoundment.
What Happens if You Face Criminal Charges After a DUI Arrest?
If the police decide to proceed with formal charges after your DUI arrest, you are entering the court system. This is a very serious situation. You will be required to appear in provincial court to answer to charges under the Criminal Code.
Impaired driving is a hybrid offence in Canada. The Crown prosecutor can choose to proceed by summary conviction or as an indictable offence. For a first offence, they typically proceed by summary conviction.
If you plead guilty or are found guilty by a judge, you will receive a permanent criminal record. You will also face mandatory minimum sentences that cannot be lowered.
For a first criminal conviction, the judge must impose a minimum fine of $1,000. They must also issue a mandatory minimum federal driving prohibition of one year. If it is your second criminal offence, the law requires a minimum of 30 days in jail.
Special Rules for Novice Drivers in New Brunswick
The rules are completely different if you do not have a full, unrestricted license. New Brunswick enforces a strict zero-tolerance policy for all drivers under the age of 21. This also applies to any driver in the Graduated Driver Licence (GDL) program.
If you are a novice driver, you cannot have a single drop of alcohol in your system. Even a BAC of 0.01% is a direct violation of your provincial license conditions.
If a peace officer detects any alcohol, you face an immediate license suspension. Your vehicle will be impounded for a mandatory seven days. Worst of all, your entire Graduated Licence Program must be restarted from the very beginning, erasing all your prior driving experience.
Step-by-Step Guide: How to Fix Your DUI License Suspension
Getting your driving privileges back is not an automatic process. You must actively satisfy the requirements set by the Registrar of Motor Vehicles. If you miss a step, Service New Brunswick will not issue your license.
Step 1: Serve Your Mandatory Suspension Period
The very first step is simply waiting out the clock. Whether your license suspension is 7 days, 90 days, or a full year, you cannot drive under any circumstances. There are no exceptions to this rule.
New Brunswick does not offer temporary “hardship” or “work” licenses. If you are caught driving while suspended, you will be arrested again. This triggers new charges, massive fines, and a much longer license suspension period.
Step 2: Pay Your Reinstatement Fees to SNB
Once your mandatory license license suspension period ends, your physical license is still invalid. You must formally reinstate it through the province. You need to visit a Service New Brunswick (SNB) location in person.
At SNB, you must pay all outstanding fines and administrative penalties. This usually includes the $281 provincial reinstatement fee. You must also settle any unpaid towing and storage fees for your impounded vehicle.
Step 3: Complete the Impaired Driver Re-Education Course
For more serious offences, New Brunswick forces you to complete a mandatory driver re-education course. This is required for anyone suspended for blowing over 0.08%, refusing a demand, or getting multiple WARN range license suspensions.
This program focuses on addiction assessment and safe decision-making. You must pay for this course out of pocket before you can drive again.
If you have one relevant license suspension in a 10-year period, the course fee is $380. If you have two or more license suspensions in that timeframe, the fee jumps to $690.
The New Brunswick Ignition Interlock Program
If you received a 90-day administrative license suspension or a federal criminal conviction, you must enroll in the Ignition Interlock program. You cannot bypass this requirement if you ever want to drive legally again.
An Ignition Interlock device is essentially a personal breathalyzer wired directly into your vehicle’s ignition system. You must blow and hum into the device to prove you are sober before the engine will start.
How the Interlock Device Works
The device is highly sensitive and will detect even small amounts of alcohol from mouthwash or certain foods. Once the car is running, the device will randomly demand “rolling retests” while you are actively driving down the road.
This prevents a sober friend from starting the car for an intoxicated driver. If you fail a rolling retest, the device logs the failure and alerts the province. It will then trigger an alarm, flashing your vehicle’s lights and honking the horn until you pull over and turn the engine off.
Getting Your Restricted Driver’s Licence
The Interlock program is a “user-pay” system. This means you must cover all the costs. You pay an installation fee to an approved third-party provider, plus a monthly monitoring fee of about $70.
Once the device is installed, SNB will issue you a Restricted Driver’s Licence. This specific license legally limits you to driving only the vehicle equipped with the interlock device. Driving any other vehicle is a serious offence that will extend your time in the program.
Appealing an Administrative Suspension in New Brunswick
Many clients want to know if they can fight an immediate roadside license suspension. The answer is yes, but the process is highly restrictive. You can appeal a license suspension by applying for a formal review with the Registrar of Motor Vehicles.
You must submit the proper application form to SNB and pay a non-refundable review fee. The timeline to do this is short, so you must act quickly after your arrest.
Grounds for an Appeal
You cannot appeal your license suspension simply because it causes hardship. Telling the Registrar that you will lose your job is not a valid legal ground for a review. The Registrar is only concerned with the facts of the law.
To win an appeal, you must prove that the police made a factual or critical error. For example, you must prove you were not the actual person driving the vehicle. You could also argue that the police officer’s breathalyzer device was improperly calibrated.
The Hearing Process
The review is typically conducted in writing. A provincial hearing officer will review the police reports, the breathalyzer logs, and any evidence you submit. The burden of proof is entirely on you.
If you win the appeal, your license will be reinstated, and SNB will refund your vehicle impoundment fees. If you lose, the license suspension remains on your record. Having a skilled Canadian criminal defence lawyer draft your review application dramatically increases your chances of success.
The Hidden Costs: Auto Insurance and Impound Fees
Getting your physical card back from Service New Brunswick is only part of the battle. The financial aftermath of impaired driving lasts for years. Impaired driving incidents are permanently recorded on your provincial driving abstract.
Auto insurance companies check this abstract every time you renew your policy. Once you have an impaired driving license suspension, standard insurance companies will likely drop your coverage entirely. You will be categorized as a massive liability.
You will be forced into the high-risk insurance market, often securing coverage through the Facility Association. Your monthly premiums will easily double or triple. It can cost thousands of dollars a year just to maintain basic liability coverage, and this financial burden lasts for up to six years.
Furthermore, you must pay all towing and daily storage fees for your impounded vehicle. If your car is impounded for 30 or 60 days, these lot fees can easily exceed a thousand dollars. The tow yard will not release your vehicle until every cent is paid.
Why You Need a Canadian Criminal Defence Lawyer
Handling an impaired driving charge is never a do-it-yourself project. The overlap between the provincial Motor Vehicle Act and the federal Criminal Code is complex and confusing. One wrong move can result in a permanent criminal record.
A lawyer can review your police disclosure packet to look for Charter of Rights and Freedoms violations. If the peace officer violated your constitutional rights during the arrest, the breathalyzer evidence can be completely thrown out of court.
We can also help you navigate the SNB administrative appeal process to get your car out of the impound lot faster. Our primary goal is to minimize the disruption to your daily life and keep your record as clean as possible. Do not assume you are automatically guilty just because you failed a breath test.
Key Takeaways for Handling a License Suspension in New Brunswick
A DUI license suspension in New Brunswick moves on two tracks at once — the provincial administrative system run by Service New Brunswick and the federal criminal courts — so acting quickly matters. Whether you are facing a short WARN-range penalty or a 90-day or 15-month license suspension, the path back to driving is the same: serve your suspension period, pay your reinstatement fees, complete any required re-education course, and, where applicable, install an Ignition Interlock device.
- Act fast: The window to request a review of a license suspension is short, so speak to a lawyer immediately after your arrest.
- Do not drive: New Brunswick offers no hardship or work permits during a license suspension, and driving while suspended brings new charges.
- Budget for the full cost: Reinstatement fees, course fees, interlock costs, and high-risk insurance all follow a license suspension.
- Get advice early: A lawyer can challenge the evidence behind your license suspension and work to protect your record.
Frequently Asked Questions
Can I get a temporary license to drive to work during my suspension?
No. New Brunswick does not offer temporary, “hardship,” or “work” licenses. If your license is suspended administratively or criminally, you cannot drive a motor vehicle under any circumstances. You must wait until the license license suspension period ends and you are formally reinstated by Service New Brunswick.
How long does an impaired driving offence stay on my record in New Brunswick?
Administrative suspensions, such as blowing in the WARN range, remain on your New Brunswick driving abstract for several years. Criminal convictions for impaired driving remain on your federal criminal record permanently unless you are granted a record suspension. They also stay on your provincial driving abstract for at least 10 years, drastically impacting your auto insurance rates.
What happens if I refuse to provide a breath sample to the police?
Refusing a lawful demand for a breath sample is a severe criminal offence in Canada. Under the New Brunswick Motor Vehicle Act, a refusal triggers the same immediate 90-day roadside license suspension as blowing over 0.08%. Under the Criminal Code, a refusal carries the exact same mandatory minimum penalties as a criminal conviction, including a heavy fine and a one-year federal driving prohibition.
Do I have to pay to get my car back from the impound lot?
Yes. If your vehicle is impounded due to an impaired driving license suspension, you are entirely responsible for all towing costs and daily storage fees. The impound lot is a private business, and they will not release your vehicle until you pay the bill in full, even if the police eventually drop your criminal charges.
About the Author: Matthew R. Oliver is an associate lawyer at Mike Murphy Law Group, helping clients across New Brunswick with impaired driving charges and licence suspensions.