Administrative Licence Suspensions
What is an Administrative Licence Suspension (ALS)?
An Administrative Licence Suspension (ALS) is a drivers licence suspension
for impaired drivers, administered by enforcement (municipal or RCMP) on
behalf of the Registrar.
Administrative licence suspensions are governed by the Northwest
Territories (NWT) Motor Vehicles Act. If you receive an ALS, your drivers
licence will be automatically suspended.
NO COURT CONVICTION IS NECESSARY.
How long is my suspension?
Will I receive a
temporary drivers
permit?
24 Hours
30 Days
90 Days
Any driver whose
ability to operate a
motor vehicle is
negatively affected
by alcohol, a drug,
or fatigue (as
determined by an
officer)
Immediate
effect
N/A
N/A
N/A
Novice driver (Class
7, 5P, or 6P) with
BAC exceeding zero
N/A
Immediate
effect
Immediate
effect if BAC
exceeds 0.08)
N/A
Immediate
effect
If you have
had a
previous 24hour ALS
within the
past two
years
N/A
N/A
N/A
Immediate
effect if a driver
is currently
serving an ALS
or driving with a
temporary
drivers permit
Yes. Your
temporary drivers
permit will be valid
for seven days after
the end of your
immediate 24-hour
suspension.
Fully licensed driver
with blood alcohol
exceeding 50
milligrams (up to
0.08 BAC)
Fully licensed driver
with blood alcohol
exceeding 80
milligrams (BAC
higher than 0.08)
Immediate
effect
An ALS covers more than just drinking and driving offences. For example, an
officer can administer a 24-hour suspension if they believe on reasonable
grounds that fatigue or drugs have impaired your driving ability. Officers
may also request a sample of your breath or blood to determine whether
alcohol is present in your system.
Blood alcohol concentration (BAC) can be measured by an approved
screening device or by blood sample. The legal limit for a fully-licensed NWT
driver is 0.05 BAC, or 50 milligrams of alcohol per 100 millilitres of blood.
Frequently Asked Questions
Q: What will happen if I drink and drive?
A: You gain nothing by driving while impaired, and you may face:
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heavy fines;
a criminal record;
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the loss of your licence;
loss of employment, if driving is required as part of the job;
a reduced social life;
higher vehicle insurance costs;
time behind bars;
damage to property;
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serious injuries to yourself and others; and/or
death.
Q: Why have I received a 24-hour ALS?
A: You received a 24-hour suspension because an officer believed on
reasonable grounds that your ability to operate a motor vehicle was
negatively affected by alcohol, a drug, or fatigue.
Q: Do novice drivers have a lower BAC limit?
A: A novice driver is an individual who holds a learner’s drivers licence
(Class 7) or probationary drivers licence (Class 5P or 6P). The Northwest
Territories Graduated Driver Licensing Program clearly outlines rules for
novice drivers, including zero tolerance for drinking and driving. If you are a
novice driver, you cannot drive after consuming ANY alcohol. Nor can your
supervising driver.
If an officer believes a novice driver is driving while impaired, a breath
sample is required. (If the breath sample indicates any alcohol in your
system, your licence will be suspended immediately for 30 days. If your BAC
exceeds 0.08, you will receive an immediate 90-day suspension and you
may be charged under the Criminal Code of Canada.)
Q: What if my BAC is more than 0.05?
A: If you are instructed to provide a breath sample and that sample exceeds
0.05 BAC, your licence will be suspended for 24 hours.
If you have received any 24-hour ALS within the previous two years, your
licence will be suspended for 30 days.
Q: What if my BAC is more than 0.08?
A: If you are instructed to provide a breath sample and that sample exceeds
0.08 BAC, your drivers licence will be suspended for 24 hours, effective
immediately.
You will also be given a temporary drivers permit which takes effect 24
hours after it is issued and expires after seven days. After your temporary
drivers permit expires, your drivers licence will be suspended for 90 days.
This is in addition to any court-ordered prohibition. The temporary
drivers permit provides an opportunity to sort out your affairs prior to your
suspension taking effect.
Q: Will I face criminal charges for having a BAC exceeding 0.08?
A: Driving with a BAC over 0.08 is an offence under the Criminal Code of
Canada, and you may face criminal charges in addition to receiving an ALS.
Q: Can I receive an ALS while driving with a temporary drivers
permit?
A: If you are instructed to provide a breath sample and that sample exceeds
0.08 BAC, your temporary permit will be cancelled immediately and your
drivers licence will be suspended immediately for 90 days.
Q: I don’t have a valid drivers licence. Can I receive an ALS?
A: If you do not hold a valid drivers licence and show a BAC exceeding 0.05,
you will be disqualified from applying for or holding an NWT drivers licence
for 30 days. If you show a BAC exceeding 0.08, you will be disqualified from
applying for or holding an NWT drivers licence for 98 days.
Q: I hold a drivers licence from another jurisdiction. Do these laws
apply to me? Can I receive an ALS?
A: Yes. If you are instructed to provide a breath sample and that sample
exceeds 0.05 BAC, you will be disqualified from operating a motor vehicle or
applying for an NWT drivers licence for a period of 24 hours beginning
immediately. If you have received any 24-hour ALS within the previous two
years, you will be disqualified from operating a motor vehicle or holding an
NWT drivers licence for 30 days.
If you are instructed to provide a breath sample and that sample exceeds
0.08 BAC, you will be disqualified from operating a motor vehicle or applying
for an NWT drivers licence for 24 hours, beginning immediately. When
this suspension ends, you will have seven days to sort out your affairs, after
which you will not be able to drive in the Northwest Territories or to apply
for an NWT drivers licence for 90 days.
If you are already disqualified from driving in the Northwest Territories, your
90-day suspension will begin immediately. Notice of your suspension will be
forwarded to the jurisdiction in which your drivers licence was issued.
Q: I received an ALS in another jurisdiction? Will my NWT drivers
licence be affected?
A: Yes. If another jurisdiction notifies the Registrar that your BAC exceeded
0.08, measured through breath or blood sample, or that you refused to
provide a breath or blood sample, your drivers licence will be suspended for
up to 90 days.
Q: Can I refuse to provide a breath or blood sample?
A: It is an offence to refuse to provide a breath or blood sample when
requested by an officer. If you refuse, you will face an automatic 90-day
suspension as well as possible charges under the Criminal Code of Canada.
Q: What will happen if I drive while I’m suspended?
A: You will face a fine of at least $345 as well as five demerit points. The
vehicle you are driving, whether you own it or not, will be seized and
impounded for 30 days (s. 302.1 of the Motor Vehicles Act). All towing
charges and impound fees will be charged to the registered owner of the
vehicle.
Q: What do I have to do to get my licence back?
A: Unless you have successfully appealed your ALS, you must serve the full
suspension. There may also be reinstatement conditions associated. Until
you comply with all reinstatement conditions set out by the Registrar, your
suspension will remain in effect. You may be required to:
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Complete a driver improvement program;
Pay a reinstatement fee;
Undergo a driver assessment;
Complete an alcohol dependency awareness program;
Undergo further alcohol dependency awareness assessment; or
Complete an alcohol treatment program.
Q: Where do I go to get my drivers licence back?
A: If you are under a 24-hour ALS, your drivers licence will be held by the
RCMP. You may pick up your drivers licence at your local RCMP detachment
when your suspension has ended.
Your licence will be held by the Northwest Territories Department of
Transportation, Road Licensing and Safety Division, for any ALS of more
than 24 hours.
Q: Can I appeal my ALS?
A: If your drivers licence has been suspended for 30 or 90 days, you have
the right to have this driving suspension reviewed by the Registrar or an
Adjudicator. A hearing before the Registrar or Adjudicator can be ei ther in
writing or in person. (30-day suspensions will be reviewed by a Registrar,
while an adjudicator appointed by the Minister of Transportation will review
90-day suspensions. )
If you have been criminally charged, the verdict from court will not affect
your appeal and you must still complete your ALS. If the court verdict is in
your favour, your ALS will not appear on your criminal record.
Length of Suspension
Must File for Appeal Within
30 days
10 days of receipt of the Notice of Suspension
90 days
30 days from receipt of the Notice of Suspension
Application forms are available at any issuing site and can be purchased for
$212. Hardship caused by the suspension, disqualification, or cancellation is
outside the scope of the appeal and will not be considered.
Q: What will happen if I am convicted of impaired driving under the
Criminal Code of Canada?
A: Drivers convicted of an offence under sections 253 or 254(5) of the
Criminal Code of Canada can lose their licence for five years or more, in
addition to the penalties imposed by a court of law.
Section 253(1) of the Criminal Code of Canada:
Every one commits an offence who operates a motor
vehicle or vessel or operates or assists in the operation of an
aircraft or of railway equipment or has the care or control of a
motor vehicle, vessel, aircraft or railway equipment, whether
it is in motion or not,
(a)
while the person’s ability to operate the vehicle,
vessel, aircraft or railway equipment is impaired
by alcohol or a drug; or
(b)
having consumed alcohol in such a quantity that
the concentration in the person’s blood exceeds
eighty milligrams of alcohol in one hundred
millilitres of blood.
Section 254(5) of the Criminal Code of Canada:
Everyone commits an offence who, without reasonable
excuse, fails or refuses to comply with a demand made under
this section.
If convicted under the Criminal Code of an impaired driving offence while
operating a motor vehicle, a boat (vessel), aircraft, or railway equipment, i n
addition to any court-imposed prohibition, you will be prohibited from driving
for at least one year under the NWT Motor Vehicles Act.
Convictions within
the past ten years
Penalty under the Motor Vehicles Act, upon conviction
under the Criminal Code of Canada
1
Your NWT drivers licence will be cancelled and you will
be disqualified from holding a drivers licence and
operating a motor vehicle for one year [Section
116.14.3(a) of the MVA]
2
Your NWT drivers licence will be cancelled and you will
be disqualified from holding a drivers licence and
operating a motor vehicle for three years [Section
116.14.3(b) of the MVA].
3
Your NWT drivers licence will be cancelled and you will
be disqualified from holding a drivers licence and
operating a motor vehicle for five years [Section
116.14.3(c) of the MVA].
4 or more
Your NWT drivers licence will be cancelled and you will
be disqualified from holding a drivers licence and
operating a motor vehicle for at least five years
[Section 116.14.3(d) of the MVA].
If a death occurs
as a result of an
impaired offence
You will face a minimum licence suspension and a
prohibition on operating a motor vehicle for an
indefinite period of at least five years, even for a first
time offence [Section 116.14.4 of the MVA].
For more information please contact:
Road Licensing and Safety Division
Department of Transportation
Highways Building, 1st Floor
4510 50 Avenue
P.O. Box 1320
Yellowknife, NT X1A 2L9
PH: 867-873-7972
FAX: 867-873-0120