A DUI license suspension in New Brunswick starts at the roadside, before any charge is laid and long before a judge sees the file. In a province where most people cannot get to work without a car, that is the part of an impaired driving arrest that hurts first.
Two systems are running at once. The federal Criminal Code of Canada governs the criminal charge. The provincial New Brunswick Motor Vehicle Act governs your licence, and it moves faster.
This guide sets out what the Registrar of Motor Vehicles and Service New Brunswick (SNB) will do, what the police can do, and the steps to get the licence back.
The Provincial Suspension and the Criminal Charge Run Independently
The province penalizes you before the court date because it runs its own track, separate from the criminal one.
The provincial track is administrative, under the Motor Vehicle Act. A peace officer can suspend your licence at the roadside on the strength of a breath test.
The federal track is criminal, under the Criminal Code. If the Crown gets a conviction, the judge imposes a driving prohibition on top.
The two do not depend on each other. The provincial suspension stands even if the Crown later withdraws the criminal charge.
Officers Suspend the Licence at the Roadside on a Failed Screening Test
New Brunswick amended the Motor Vehicle Act to let officers act at the roadside without a conviction. If an officer suspects drinking, they demand a sample on an approved screening device.
Fail it and the officer takes your licence on the spot. The vehicle is towed and impounded at your cost. How long the suspension lasts, and what it costs, depends on your blood alcohol concentration and your record.
The WARN Range (0.05 to 0.08 Percent BAC)
You do not have to be over the criminal limit to lose the licence. A BAC between 0.05 and 0.08 percent is the WARN range. It brings no criminal charge, but SNB penalizes it immediately and records it on your driving abstract.
The penalties escalate within a five-year window:
- First offence: 7-day suspension, 3-day impoundment, $200 administrative penalty.
- Second offence: 15-day suspension, 7-day impoundment, $350 penalty, mandatory education program.
- Third offence: 30-day suspension, 7-day impoundment, a higher reinstatement fee, and the impaired driver re-education course.
Over 0.08 Percent, or Refusing
At 0.08 percent or higher, or on a refusal to provide a sample, the penalties step up. Refusal is treated the same as a fail.
First offence: an immediate 90-day administrative suspension, 30-day impoundment, a $550 administrative penalty and a $281 reinstatement fee at SNB.
Second suspension within 10 years: 60-day impoundment and at least six months in the Ignition Interlock program.
The 15-Month Administrative Route
To reduce court backlogs, officers now have the option of not laying a criminal charge at all and issuing an Immediate Roadside Suspension instead. That is a 15-month package: a 3-month total driving ban, then 12 months of mandatory Ignition Interlock, plus a $1,000 penalty and a 30-day impoundment.
What Happens If You Face Criminal Charges After a DUI Arrest?
If the police do lay a charge, you are in Provincial Court answering to the Criminal Code.
Impaired driving is a hybrid offence. The Crown can proceed by summary conviction or by indictment, and for a first offence usually proceeds summarily.
A guilty plea or a finding of guilt produces a permanent criminal record and mandatory minimums the judge cannot reduce: a $1,000 fine and a one-year federal driving prohibition for a first conviction, and a minimum of 30 days in jail for a second.
Novice Drivers Face Zero Tolerance and a Restart of the Graduated Program
Drivers under 21, and anyone in the Graduated Driver Licence program, are under zero tolerance. A BAC of 0.01 percent breaches the licence conditions.
Any alcohol detected means an immediate suspension and a seven-day impoundment. The Graduated Licence program restarts from the beginning. The time already served counts for nothing.
Fixing a DUI License Suspension Takes Three Steps: Serve It, Pay the Fees, Complete the Course
Reinstatement is not automatic. Each requirement the Registrar sets has to be met, or SNB will not issue the licence.
Step 1: Serve the Suspension
Whether it is 7 days, 90 days or a year, you cannot drive at all. New Brunswick has no hardship or work licence. Driving while suspended means a new arrest, new charges, a larger fine and a longer suspension.
Step 2: Pay the Reinstatement Fees at SNB
When the period ends, the licence is still invalid until you reinstate it in person at an SNB office. You pay the outstanding penalties, usually including the $281 reinstatement fee, and any towing and storage charges still owing.
Step 3: Complete the Impaired Driver Re-Education Course
Anyone suspended for over 0.08, for refusal, or for repeated WARN suspensions has to complete the re-education course. It covers addiction assessment and decision-making, and you pay for it. One relevant suspension in 10 years costs $380. Two or more in that window costs $690.
Ignition Interlock Is Mandatory After a 90-Day Suspension or a Conviction, at Your Cost
A 90-day administrative suspension or a criminal conviction puts you into Ignition Interlock. There is no way around it if you want to drive legally.
The device is a breathalyzer wired into the ignition. You blow and hum into it, and the engine starts only on a clean sample.
How the Device Works
It detects small amounts of alcohol, including mouthwash. Once the vehicle is moving it demands rolling retests at random, so a sober friend cannot start the car for you. A failed retest is logged and reported to the province, and the device sets off the horn and lights until you pull over and shut the engine off.
The Restricted Licence
Interlock is user-pay. You pay an installation fee to an approved provider and a monitoring fee of about $70 a month. With the device installed, SNB issues a Restricted Driver’s Licence that permits driving only the interlock-equipped vehicle. Driving anything else extends your time in the program.
A Review by the Registrar Succeeds Only on a Factual Error by the Police
You can apply for a review by the Registrar of Motor Vehicles. The window is short and the grounds are narrow.
You file the form with SNB and pay a non-refundable fee. Act within days of the arrest, not weeks.
Grounds
Hardship is not a ground. Telling the Registrar you will lose your job gets you nowhere. The review is about whether the police got the facts right: you were not the driver, or the screening device was not properly calibrated.
The Hearing
The review is usually in writing. A hearing officer reads the police reports, the device logs and whatever you file. The burden is on you.
Win, and the licence is reinstated and SNB refunds the impoundment fees. Lose, and the suspension stays on your abstract. A review application drafted by a criminal defence lawyer has a much better chance than one drafted at the kitchen table.
Insurance and Impound Fees Outlast the Suspension
Getting the licence back is not the end of the cost. An impaired driving suspension sits on your provincial driving abstract, and insurers read the abstract at every renewal.
Most standard insurers will drop you. You end up in the high-risk market, often through the Facility Association, at premiums two or three times what you paid before, for up to six years.
The impound lot is a private business and will not release the vehicle until towing and daily storage are paid in full. After 30 or 60 days that bill can pass a thousand dollars.
A Lawyer Can Exclude the Breath Evidence and Run the SNB Review
The Motor Vehicle Act and the Criminal Code overlap, and a mistake on either track can leave you with a criminal record that was avoidable.
A lawyer reviews the disclosure for Charter breaches. If the officer violated your rights during the stop or the arrest, the breath evidence can be excluded and the criminal charge falls with it. A lawyer can also run the SNB review and get the vehicle out of impound sooner. Failing a breath test is not the same as being guilty.
The Way Back From a License Suspension in New Brunswick Is the Same on Every Track
A DUI license suspension in New Brunswick runs on two tracks, Service New Brunswick and the criminal courts, and both start immediately. Whatever the length, from a WARN penalty to the 15-month IRS, the way back is the same: serve the suspension, pay the reinstatement fees, complete the re-education course if it applies, and install Interlock if required.
- The window to request a review is short. Call a lawyer within days.
- There is no hardship permit. Driving while suspended brings new charges.
- Budget for reinstatement fees, the course, Interlock and high-risk insurance.
- Get advice early. The evidence behind the suspension can be challenged.
FAQ
Can I Get a Temporary Licence to Drive to Work During My Suspension?
No. New Brunswick has no temporary, hardship or work licence. Whether the suspension is administrative or criminal, you cannot drive until it ends and SNB reinstates you.
How Long Does an Impaired Driving Offence Stay on My Record in New Brunswick?
WARN-range suspensions stay on your driving abstract for several years. A criminal conviction stays on your federal record permanently unless you obtain a record suspension, and on your provincial abstract for at least 10 years, which is what drives the insurance cost.
What Happens If I Refuse to Provide a Breath Sample to the Police?
Under the Motor Vehicle Act a refusal triggers the same immediate 90-day suspension as blowing over 0.08. Under the Criminal Code it carries the same mandatory minimums as a conviction: a fine and a one-year driving prohibition.
Do I Have to Pay to Get My Car Back From the Impound Lot?
Yes. Towing and daily storage are yours to pay, and the lot will not release the vehicle until the bill is settled, even if the criminal charge is later dropped.
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