Every Winnipeg driver pulled over during the annual holiday checkstop program will now have to take a mandatory breathalyzer test.
Though a breathalyzer will not detect cannabis, there will be other drug screening devices available. The move follows the Manitoba RCMP, who already do mandatory breathalyzer tests.
The program will run throughout December and target impaired drivers during the busy holiday season. If you’re planning to drink or use cannabis, remember to plan ahead for a ride home. There are various options in Winnipeg such as rideshare services, taxis, public transit, and operation red nose.
What is the blood alcohol concentration (BAC) limit for drivers in Winnipeg?
The legal blood alcohol concentration (BAC) limit for drivers in Winnipeg, Manitoba is 0.08%. If your blood alcohol concentration is at or over 0.08% or your blood test results exceed the legal blood/drug level, your vehicle can be impounded for at least 30 days. You may be subject to longer vehicle impoundment for repeat offences or for higher blood alcohol levels.
If you refuse to provide a breath, bodily substance, or blood sample, refuse to participate in a physical coordination test, or fail to follow the officer’s instructions regarding the test, your vehicle will be impounded for at least 60 days.
In addition to the immediate consequences listed above for impaired driving, you can also be charged with criminal offences such as:
- Driving while Impaired by Drugs or Alcohol
- Driving with a Blood Alcohol Concentration (BAC) equal to or over .08
- Driving with a Blood Drug Concentration over the legal limits
- Refusing to Provide a Breath, Oral Fluid or Blood Sample to Police upon Request
- Refusing to participate in a Physical Coordination Test or Drug Recognition Evaluation Test
- Impaired Driving Causing Bodily Harm or Death
Persons convicted of drive impaired, drive with a blood alcohol concentration equal to or over .08 or refuse breath/blood sample may receive the following penalties:
- A minimum fine of $1000 for a first conviction, which can increase to a minimum of $1,500 if the driver has a BAC at or between .12 and .16, or to a minimum of $2,000 if the driver has a BAC of .16 or higher or refused to provide a breath or blood sample.
- A mandatory minimum jail sentence of 30 days for a second conviction or 120 days for subsequent convictions.
- A minimum one-year driving prohibition for a first conviction, a minimum 2-year driving prohibition for a second conviction and a minimum 3-year driving prohibition for subsequent convictions.
Manitobans convicted of one the above Criminal Code charges face the following suspensions under The Highway Traffic Act:
- Drive Impaired or Drive at or over .08 – 1 year suspension for first conviction, 5-year suspension for second conviction, 10-year suspension for third conviction and lifetime suspension for four or more convictions within 10 years.
- Refusal to Provide Breath or Blood Sample – 2-year suspension for first conviction, 7-year suspension for second conviction,10-year suspension for third conviction and lifetime suspension for four or more convictions within 10 years.
- Impaired Driving Cause Bodily Harm or Death – 5-year suspension for first conviction, 10-year suspension for second conviction and a lifetime suspension for three convictions or more within 10 years.
Vehicle forfeiture is another consequence that impaired drivers of motor vehicles in Manitoba may face:
- First-time offenders where death or bodily harm results from a crime involving a vehicle, including impaired driving causing bodily harm or death; manslaughter; criminal negligence causing bodily harm or death; dangerous operation of a vehicle causing bodily harm or death; and flight from police causing bodily harm or death.
- Offenders convicted of three Criminal Code driving offences within five years. The offences include: drive while impaired; driving with a blood alcohol level at or over 08; refusing to supply a breath or blood sample; driving while prohibited; dangerous operation of a vehicle; flight from police and failure to stop at an accident.
- Upon conviction, the vehicle is forfeited and becomes the property of the province.
