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What is a DUI (Impaired Driving) charge in Manitoba?
Driving under the influence (DUI) or impaired driving charge is quite serious in Manitoba. A DUI charge means that the police believe you were under the influence of drugs, alcohol or a combination of the two while operating a motor vehicle.
The police may have pulled you over for a number of reasons, including the Holiday Checkstop Program. The program encourages the public to find a safe way to get home after alcohol or drug consumption, including public transportation, ride shares, or establishing a designated driver (DD) among members of your group.
While there are various kinds of DUI charges (see below), Crown prosecutors tend to follow through on these charges unless there is some fatal flaw with their case. Due to this trend, it is crucial to understand what evidence the Crown has against you and which defence strategy is best for your case.
Understanding the types of DUI charges in Manitoba
Impaired Driving
Impaired driving includes operating a vehicle while impaired by alcohol, drugs or a combination of the two. An individual may be impaired even if their consumption of alcohol or certain drugs is below the legal limit; it matters if the influence of alcohol, drugs or both has compromised their ability to drive.
Over 80
Under subsection 320.14(1) of the Criminal Code, individuals found “driving over 80”, or more accurately, “driving over 79”, must have a blood alcohol concentration (BAC) that is equal to or over 80 mg of alcohol per 100mL of blood are operating a vehicle over the legal limit.
To determine that an individual is driving over 79, an individual must have done the following:
- Consumed alcohol
- Operated a vehicle
- Been given a breathalyzer test
- Their BAC was over 0.79 mgs
Over the Legal Drug Limit
Under paragraph 320.14(1)(c) of the Criminal Code, individuals operating a vehicle with a blood drug concentration equal to or over the legal limit prescribed for that particular drug will be charged with operating a vehicle while impaired. For cannabis, the type of offence and prescribed limits vary:
- Summary Offence: It is a summary offence to have a blood drug concentration for tetrahydrocannabinol (THC) of 2 ng per mL of blood.
- Hybrid Offence #1: It is a hybrid offence to have a blood drug concentration equal to or over 5 ng per mL of blood.
- Hybrid Offence #2: It is also a hybrid offence to have a blood alcohol concentration of 50 mg of alcohol per 100 mL of blood and a blood drug concentration for THC of 2.5 ng per mL of blood.
Refusing a Blood Sample or Refusing a Breathalyzer
Even if you are not impaired, it is a criminal offence to refuse to provide a breath or blood sample when requested by the police. Refusing to comply with one of these demands may lead to further charges of impaired driving as the police cannot ascertain your blood alcohol or blood drug concentration.
Care & Control
Even where you are not physically driving, you may still be in the care and control of a vehicle. If, for example, you are sitting in the driver’s seat or standing near the vehicle, that may be considered care and control. An individual may be charged with driving while in care and control:
- If you are in care and control of that vehicle; and
- If alcohol, drugs, or a combination of the two impair your ability to operate the vehicle.
Underage Impaired Driving
It is no secret that youth drivers have higher rates of accidents than other driver classes. This statistic is partly due to a greater prevalence of DUI incidents among youth drivers.
Drivers under 21 or a person of any age with a learner’s or probationary licence cannot have any alcohol or drugs in their system. Manitoba takes a “zero tolerance” or “zero BAC” approach to underage impaired driving, meaning drivers will be subject to additional fines and penalties in addition to those applicable to impaired driving.
When should I contact a Manitoba DUI lawyer?
DUI charges can be pretty complicated to navigate. It is always wise to contact a Manitoba DUI lawyer after you have been arrested with a DUI to discuss your case before the police lay charges. If the police have arrested you with a DUI, Book a Free Consultation with us to discuss your case.
What are the legal penalties and consequences for DUI in Manitoba?
Immediate Roadside Prohibition (IRP)
In Manitoba, the police can issue immediate sanctions for some alcohol-impaired drivers. The penalties will vary depending on whether you register a “warn” or “fail” reading on an approved screening device (ASD).
“Warn” Reading
- Monetary Penalty: $400 for first violation
- Vehicle Impoundment: Minimum of 3 days
- Mandatory Ignition Interlock Device: Following a third or subsequent offence, you will be required to install an ignition interlock device in your vehicle to drive. This device has a built-in alcohol breath screening device which will preclude your engine from starting if it detects alcohol in your system. The cost of installation, program enrollment, and maintenance is approximately $1,500.
“Fail” Reading
- Monetary Penalty: $700
- Driver’s Licence Suspension: 3 months
- Vehicle Impoundment: 30 days
- Impact on Insurance: You will move down 10 points on the Driver Safety Rating Scale, meaning your insurance premium may increase.
- Mandatory Ignition Interlock Device: You will be required to install an ignition interlock device in your vehicle to drive for one year. This device has a built-in alcohol breath screening device which will preclude your engine from starting if it detects alcohol in your system. The cost of installation, program enrollment, and maintenance is approximately $1,500.
- Remedial Program: You will be required to complete a Driver Improvement and Control Program in order to reinstate your licence.
Criminal Conviction
The penalties for a DUI conviction in Manitoba are severe and will affect your life for years to come.
The penalties for a DUI conviction may include the following:
- Criminal Record: You will have a permanent criminal record which will affect your employment and immigration status as well as your ability to travel.
- Employment: In addition to the possibility of losing your job, it will be challenging to gain new employment, given that you must disclose your criminal record.
- Immigration: You may face possible deportation.
- Travel Restrictions: You may be unable to travel to certain countries with a criminal record.
- Publicity: Your case and conviction may be reported publicly, affecting your personal and professional life.
- Fines: Mandatory minimum fine of $1000-$2000
- Possible jail time: Mandatory minimum jail sentence of 30 days for a second conviction and 120 days for subsequent convictions. The maximum penalty is 10 years imprisonment.
- Probation: Even if you don’t serve jail time, you may be subject to a probationary period with certain conditions.
- Remedial Program: You will be required to complete a Driver Improvement and Control Program in order to reinstate your licence.
- Licence suspension:
- Driving Impaired or Driving at or over .08: Minimum 1-year suspension for a first conviction.
- Refusal to Provide Breath or Blood Sample: Minimum 2-year suspension for a first conviction.
- Impaired Driving Causing Bodily Harm or Death: Minimum 5-year suspension for a first conviction.
- Ignition interlock device: You will be required to install an ignition interlock device in your vehicle to drive. This device has a built-in alcohol breath screening device which will preclude your engine from starting if it detects alcohol in your system. The cost of installation, program enrollment, and maintenance is approximately $1,500.
How can a Manitoba DUI lawyer help?
It is important that your lawyer understand the nuances of defending your DUI in Manitoba. A Manitoba DUI lawyer can devise the best strategy for approaching your case and see it through from beginning to end.
Additionally, a Manitoba DUI lawyer has knowledge of the local police service, the Manitoba Royal Canadian Mounted Police (RCMP) and the Manitoba Crown prosecutors. As a result, a Manitoba DUI lawyer can assist in negotiating your case with the Crown and possibly secure a plea bargain to a lesser charge or get the charges dropped altogether.
FAQs
How much does it cost to hire a DUI lawyer in Manitoba?
The cost of hiring a DUI lawyer in Manitoba can vary depending on their level of expertise and the complexity of your case.
Nonetheless, some factors that can influence the cost of defending your DUI are:
- Amount of Disclosure: If your case has a great deal of disclosure, including the review of witness statements, videos and expert reports, the cost tends to be higher.
- Trial: If your case goes to trial, more research and preparation will be required. As a result, the cost of your case may be higher.
- Experts: If your case requires the hiring of experts, such as a private investigator, then the cost will tend to be higher. If your expert needs to travel from other parts of the province, these travel expenses will add to overall cost of your case.
- Overall complexity: If your case involves novel issues or other aspects that might require more research than the average DUI case, it may affect the cost of a Manitoba DUI lawyer.
To learn more about our fees for your particular case, Book A Free Consultation today.
What are the chances of getting a DUI dismissed in Manitoba?
In Manitoba, only 36 percent of impaired driving cases in 2020-2021 resulted in the charges being stayed or withdrawn. Meanwhile, 58 percent of cases that year resulted in guilty pleas or findings of guilt after trial.
With Manitoba impaired driving cases on the rise, Crown prosecutors in Manitoba tend not to dismiss DUI charges unless there is some fatal flaw in their case, leading them to have no reasonable prospect of conviction. Some issues that may lead the Crown to do so are:
- Lack of evidence
- Unreliable evidence
- Robust evidence in the accused’s defence
Will you need to attend a DUI class in Manitoba?
In Manitoba, drivers must complete a Driver Improvement and Control Program in order for the Manitoba Public Insurance (MPI) to reinstate their licence. The Addiction Foundation of Manitoba (AFM) offers an Impaired Driver Program which would satisfy this requirement.
The program aims to ensure that drivers have the necessary tools to ensure that they do not re-offend. First, you will complete an assessment of your attitude toward alcohol and drug use. The results of your assessment will assist a counsellor in determining the structure of your program. The assessment can be done at one of the 17 AFM office locations.
What happens next after a person is arrested for DUI in Manitoba?
Following an arrest for a DUI charge, the police will bring you to one of the local police services or Manitoba RCMP station for processing. The police may request further testing, such as a breath or blood sample, at this time. You must provide the police with these samples when requested, as it is a crime to refuse to do so. If the police press charges, your case will likely be addressed in the Manitoba Provincial Court nearest to the location of the incident.
A DUI is different from other criminal offences in that there are immediate sanctions from the time of your arrest. These include:
- Monetary Penalty: Minimum of $400
- Vehicle Impoundment: Minimum of 3 days
- Driver’s Licence Suspension: If you register a “fail” reading on the ASD, your licence will be suspended for 3 months.
- Mandatory Ignition Interlock Device: Following a third or subsequent offence, you will be required to install an ignition interlock device in your vehicle to drive. This device has a built-in alcohol breath screening device which will preclude your engine from starting if it detects alcohol in your system. The cost of installation, program enrollment, and maintenance is approximately $1,500.
- No accident coverage: Given that insurance policies prohibit drivers from committing criminal acts while operating a vehicle, any individual who is arrested for impaired driving will not be able to claim accident coverage.
- Remedial Program: If you register a “fail” reading on the ASD, you will be required to complete a Driver Improvement and Control Program in order to reinstate your licence.
Regardless of whether you are ultimately convicted of a DUI, these penalties will remain in force.
What are the penalties for those found guilty of a DUI charge in Manitoba?
The following are the mandatory minimum penalties for those convicted of a DUI charge in Canada:
| First Offence | Second Offence | Third and Subsequent Offences | |
| Fines | BAC 80-119: $1,000
BAC 120-159: $1,500 BAC 160+: $2,000 |
||
| Refusal to comply with a demand for a sample: $2000 | |||
| Driving Prohibition | 12 months | 24 months | 36 months |
| Jail Time | 30 days | 120 days | |
| *All DUI charges carry a maximum imprisonment penalty of 24 months less a day for summary conviction and 10 years if prosecuted by indictment. | |||
To learn more about the penalties of a DUI conviction, visit the Government of Canada’s Impaired Driving Laws webpage.
What are the consequences of a conviction for a drinking and driving charge in Manitoba?
The following consequences will result from a DUI conviction in Manitoba:
- Criminal Record: You will have a permanent criminal record which will affect your employment and immigration status as well as your ability to travel.
- Employment: In addition to the possibility of losing your job, it will be challenging to gain new employment, given that you must disclose your criminal record.
- Immigration: You may face possible deportation.
- Travel Restrictions: You may be unable to travel to certain countries with a criminal record.
- Publicity: Your case and conviction may be reported publicly, affecting your personal and professional life.
- Fines: Mandatory minimum fine of $1000-$2000
- Possible jail time: Mandatory minimum jail sentence of 30 days for a second conviction and 120 days for subsequent convictions. The maximum penalty is 10 years imprisonment.
- Probation: Even if you don’t serve jail time, you may be subject to a probationary period with certain conditions.
- Remedial Program: You will be required to complete a Driver Improvement and Control Program in order to reinstate your licence.
- Licence suspension:
- Driving Impaired or Driving at or over .08: Minimum 1 year suspension for a first conviction.
- Refusal to Provide Breath or Blood Sample: Minimum 2 year suspension for a first conviction.
- Impaired Driving Causing Bodily Harm or Death: Minimum 5 year suspension for a first conviction.
Ignition interlock device: You will be required to install an ignition interlock device in your vehicle to drive. This device has a built-in alcohol breath screening device which will preclude your engine from starting if it detects alcohol in your system. The cost of installation, program enrollment, maintenance is appr
