New Brunswick's Legal Alcohol Limit

In New Brunswick, the legal alcohol limit for driving is a blood alcohol concentration of between 0.05 and 0.08, which will result in a short-term licence suspension. A BAC of over 0.08 will incur harsher penalties, including vehicle impoundment. For those under 21, there is a zero-tolerance rule, and any alcohol in the system will result in a one-year licence suspension and mandatory enrolment in a driver's education program. Drinking and boating is also illegal in New Brunswick, with the same BAC limit of 0.08 applying.

Drinking and boating laws

In New Brunswick, the Royal Canadian Mounted Police (RCMP) treat drunk boating the same as drunk driving. Operating a vessel with a blood alcohol content (BAC) of 0.08 or higher is a criminal offence. Even individuals with a lesser BAC who are operating a vessel in an unsafe manner can be criminally charged. Operating anything from a canoe to a powerboat can result in a minimum fine of $600 on the first offence, and subsequent offences will increase fines, add jail time, and could lead the operator to lose their driver's license.

First Offence

Minimum $600 fine

Second Offence

Minimum $600 fine, 14 days in prison

Third and Subsequent Offences

Minimum $600 fine, 90 days in prison

Like most of Canada, it is also illegal to carry open alcohol on board while the vessel is underway. It is permitted for passengers—not the captain—to consume alcohol on a vessel, so long as a few requirements are met. If the boat in question is moored to a dock or shore and has permanent sleeping, cooking, and toilet facilities, passengers are permitted to consume alcohol. However, when preparing to leave the moorage and head back home, it is the captain's responsibility to make sure that the passengers are done drinking and have disposed of their containers appropriately. This is very important, because if you are caught with open alcohol—even if it's a half-empty can—you face a $172.50 fine.

Driving licence suspension

In New Brunswick, drivers caught with a blood alcohol concentration of between 0.05 and 0.08 will have their driver's license immediately suspended. This will be recorded on the driver's record. The length of the suspension depends on the number of offences. A first offence results in a seven-day suspension and the vehicle can be impounded for up to three days. A second offence within the last five years results in a 15-day suspension and the vehicle can be impounded for up to seven days. A third or subsequent offence within the last five years will lead to a 30-day suspension, an increased licence reinstatement fee, and participation in a drinking driver education course. The driver may also be eligible for the voluntary interlock program, and the vehicle will be impounded for seven days.

For drivers with a blood alcohol concentration of over 0.08, the vehicle will be impounded for 30 days for a first offence within 10 years. For a second or subsequent offence, the vehicle will be impounded for 60 days.

If you are under 21, there is a zero-tolerance rule for any alcohol in your system. If found with alcohol in your system, there will be an immediate one-year license suspension, mandatory enrolment in the Auto Control driver's education program, and the Graduated License Program must be restarted. There is also a mandatory seven-day vehicle impoundment.

In addition to license suspensions and vehicle impoundments, drivers can also face jail time for multiple offences. A second offence comes with a minimum of 30 days in jail, a third offence or more comes with a minimum of 90 days in jail, and if a death is caused, the penalty is three years in jail.

To avoid drinking and driving consequences, it is important to have a safe way home or ensure your guests have a safe way home if you are hosting.

Criminal charges

In New Brunswick, the legal blood alcohol limit for driving is 0.08%. If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, you will be charged with a criminal offence. This applies to all vehicles, including automobiles, aircraft, and watercraft.

If you are caught driving with a BAC of 0.08% or higher, you will face immediate criminal charges and a 30-day licence suspension. For a first offence, you will also face a minimum fine of $1,000 and a minimum one-year licence suspension. The court has the discretion to impose a jail sentence depending on the circumstances of your case.

For a second offence, you can expect a fine, licence suspension, and a minimum 30-day jail sentence. If you are convicted of a third or subsequent offence, the penalty includes a minimum 120-day jail term.

If you are found guilty of impaired driving causing death, you could be imprisoned for life. Additionally, if you are an impaired driver who injures or kills another person, the consequences increase significantly. According to judicial precedent in New Brunswick, the sentence for causing another person's death while driving impaired is three years in prison.

It is important to note that you can also be criminally charged if you are below the 0.08% limit but are driving unsafely with alcohol in your body. Police officers maintain the right to arrest anyone they suspect of being impaired while driving, and refusing to provide a breath sample is treated the same as blowing over the limit.

New Brunswick has strict impaired driving laws, and the consequences can be severe. It is important to always make arrangements for a safe and sober ride home if you plan on consuming alcohol.

Minimum fines

In New Brunswick, Canada, the minimum fine for an impaired driving conviction is $1,000, and offenders will likely have to pay a higher insurance premium. The fine for a first offence is a minimum of $1,150, plus mandatory enrollment in the Auto Control driver's education program, which costs $235, and a $62 fee to have your license reactivated.

The minimum fine has been raised from $1,150 to $2,000, with some New Brunswick judges looking to instil a minimum jail sentence. This is to further deter drinking and driving, with the hope that upping the consequence will encourage people not to do it.

For those under 21, there is a zero-tolerance rule for any alcohol in the system. If you are found to have any alcohol in your system, there is an immediate one-year license suspension, mandatory enrollment in the Auto Control driver's education program, and the Graduated License Program must be restarted from the beginning. There is also a mandatory seven-day vehicle impoundment period for novice drivers who violate the zero-tolerance rule.

In New Brunswick, drinking and boating are treated the same as drunk driving. Operating a vessel with a blood alcohol content (BAC) of 0.08 or higher is a criminal offence, and individuals with a lower BAC who are operating a vessel in an unsafe manner can be criminally charged. Operating a vessel under the influence of alcohol can land Canadians with a minimum fine of $600 on their first offence, with subsequent offences increasing fines, adding jail time, and potentially leading to the operator losing their license to operate on land, water, or in the air.

Jail time

New Brunswick has strict laws regarding drinking and driving, with penalties including fines, license suspension, and jail time. The legal blood alcohol limit in New Brunswick is 0.08%, and drivers who exceed this limit can face criminal charges.

For drivers in New Brunswick, the consequences of drinking and driving can be severe, and they may face jail time in addition to other penalties. The specific jail sentence will depend on the driver's blood alcohol content (BAC) and the number of prior offenses.

For a first offense, a BAC of between 0.08% and 0.10% can result in up to 30 days in jail. If the BAC is above 0.10%, the jail time can also be up to 30 days, but the fine and license suspension will be higher.

The penalties increase for a second offense, with a mandatory 48 hours of incarceration, a fine of $500 to $1000, a two-year license suspension, and 30 days of community service.

For a third or subsequent offense, the consequences become even more severe. The driver faces a minimum of 90 days in jail, with the possibility of serving this time in a drug or alcohol inpatient rehab facility. The fine increases to $1000, and the license suspension can be as long as ten years, with the possibility of a permanent loss of driving privileges.

In addition to jail time, individuals convicted of drinking and driving may also be required to participate in programs such as the Intoxicated Driver Resource Center (IDRC) classes, undergo alcohol assessment, and complete alcohol treatment if necessary.

It is important to note that the laws and penalties for drinking and driving can vary slightly depending on the specific jurisdiction within New Brunswick, and the age of the offender can also be a factor in determining the penalties.

Frequently asked questions