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Provincial Impaired Driving Offences

It is not only the criminal law that creates offences for impaired driving. Provincial laws in Saskatchewan do as well. They include serious consequences for driving under the influence of drugs or alcohol.

Provincial Regulation of Impaired Driving

There are serious, non-criminal penalties for people who drive after drinking or taking drugs. In some case, having any amount of drugs or alcohol in your system when you drive is a violation. In other cases, an amount well below what would be a criminal offence is still a violation of provincial laws. The consequences under provincial law can be added on top of criminal penalties as well.

Blood Alcohol Concentration (BAC)

BAC is one method used to determine whether a driver has been drinking alcohol. The amount of alcohol in your blood can be detected through breath tests. Roadside breath tests will generally indicate a result of pass, warning or fail. On the other hand, breathalyzer machines indicate a precise blood-alcohol reading as a percentage. For example, a BAC of .04% means that you have 40 milligrams of alcohol in 100 milliliters of blood.

Zero Tolerance for New Drivers

It is against the law for new drivers or drivers under 21 years of age to drive after drinking any amount of alcohol or taking any drugs. The term new driver includes:

  • a driver with a learner’s licence
  • a driver who is in the Graduated Driver’s Licensing (GDL) program
  • a motorcycle driver with a motorcycle learner’s licence
  • a motorcycle driver who has not graduated to a full and unrestricted motorcycle licence
  • a driver who has not held a licence in the past five years
  • a driver with a restricted or provisional licence

The GDL program lasts for a minimum of 18 months after someone first receives their driver’s licence. Driving suspensions, traffic tickets and at-fault collisions will extend the time a new driver is in the program.

Research shows that driving is still a significant cognitive task for new drivers. Even low levels of alcohol or other drugs can produce a marked impairment. According to MADD, traffic collisions are the single largest cause of death among 15-24 year olds. Alcohol and drug impairment is a factor in over half of those collisions.

Provincial Alcohol Limit & Zero Tolerance for Drugs

Under provincial law, it is illegal for any driver to have a BAC of .04 or higher. It is also illegal for any driver to have any amount of drugs, such as cannabis, in their system. For the purpose of this law, a drug is considered any substance that causes or could cause a driver to operate a vehicle unsafely.

Alcohol decreases a person’s ability to drive a motor vehicle safely. The more you drink, the greater the effect. The amount of alcohol required to become impaired differs according to how fast you drink, your weight, your gender, and how much food you have in your stomach. Because of these variables, the safest choice is always not to drink and drive.

The ABCs of BACs, MADD (Mothers Against Drunk Driving)

Consequences

Although these are provincial and not criminal offences, there are still serious consequences. The penalties also increase in severity when a person breaks these laws multiple times. For all the offences below, only convictions within the last 10 years count in determining how many offences a person has.

Suspension of Driver’s Licence

  • If you fail a roadside test for alcohol or drugs, your driver’s licence will be immediately suspended.
  • For new drivers and drivers who are 21 or younger, suspensions start at 60 days. This increases up to a maximum of 18 months for subsequent offences.
  • For experienced drivers, suspensions start at 3 days. This increases up to a maximum of 90 days for subsequent offences. If there was a passenger under the age of 16 in the car, the suspensions start at 7 days. This increases for subsequent offences up to a maximum of 120 days.

Vehicle Impoundment

  • If you fail a roadside test for alcohol or drugs, the vehicle you were driving will be impounded. This is the case even if you are not the registered owner of the vehicle.
  • Impoundment starts at 3 days for a 1st offence. This increases up to a maximum of 14 days for subsequent offences.
  • For any drivers, if there was a passenger under 16 in the car, impoundment starts at 7 days for a first offence. This increases up to 60 days for subsequent offences.
  • The registered owner of the vehicle is responsible for towing and storage costs. If the owner was not the driver, the owner could start a court action to recover those costs from the driver.

Vehicle owners should ensure that people who drive their vehicle do so legally and responsibly. Owners are generally responsible for their vehicle even if they are not the driver.

Mandatory Impaired Driving Education

  • If you fail a roadside test for alcohol or drugs, you must pay for and take an educational program.
  • For a 1st offence, the Driving Without Impairment (DWI) Program is required to be completed within 120 days.
  • For a 2nd offence, the Alcohol and Drug Education Program must be completed within 120 days.
  • For a 3rd offence, an addiction assessment is required. You must comply with any recommendations from your counsellor before your driver’s licence can be reinstated.

Mandatory Ignition Interlock for Repeat Offenders

Ignition interlock requires drivers to provide a breath sample before the vehicle will start. It will prevent the vehicle from starting if alcohol is detected. It also requires and records random breath samples while the vehicle is running. You will be responsible for installation and maintenance costs.

  • If you fail 3 or more roadside tests for alcohol within 10 years, you must install an ignition interlock device on any vehicle you drive.
  • You must participate in the interlock program and have the interlock installed on the vehicle for one year.
  • Experienced drivers must serve 90 days of their suspension before they can participate.
  • New drivers or drivers under the age of 21 must serve 1 year of their suspension before they can participate.

Voluntary Ignition Interlock

  • If a new driver or a driver under the age of 21 fails 2 roadside tests within 10 years, they can decide to have an ignition interlock installed.
  • They must serve 60 days of their 120 day suspension before they can participate.
  • If they choose to install ignition interlock, it must be installed for the 120 days regardless of when the suspension ends.

Loss of Safe Driver Recognition Points

For more information, see our page on the Safe Driver Recognition Program.

  • You will lose safe driver recognition points.
  • This affects the cost of your vehicle registration and insurance.
  • You may also have to pay a penalty depending on your current safety rating.

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