A Criminal Code impaired driving charge in Nova Scotia goes to Provincial Court, and a conviction brings a criminal record and a provincial licence revocation.
The main charges
- Impaired driving: your ability to drive was impaired to any degree by alcohol, drugs or both.
- Over 80: a blood alcohol concentration of 80 mg per 100 mL of blood or more within two hours of driving.
- Refusal: failing or refusing a lawful demand for a breath, blood or drug sample. There is no right to refuse a roadside breath test.
- Drug-impaired driving: 5 ng or more of THC per mL of blood, or any detectable amount of certain drugs, within two hours of driving.
Penalties on conviction
| Offence | First offence | Second offence | Third offence |
|---|---|---|---|
| Impaired / over 80 (BAC 80–119) | minimum $1,000 fine | minimum 30 days jail | minimum 120 days jail |
| Over 80 (BAC 120–159) | minimum $1,500 fine | minimum 30 days jail | minimum 120 days jail |
| Over 80 (BAC 160 or more) | minimum $2,000 fine | minimum 30 days jail | minimum 120 days jail |
| Refusal | minimum $2,000 fine | minimum 30 days jail | minimum 120 days jail |
The maximum is 10 years. Impaired driving causing bodily harm carries up to 14 years, and causing death up to life.
Nova Scotia consequences on top
| Conviction within 10 years | Licence revocation |
|---|---|
| First | 1 year from the date of conviction |
| Second | 3 years |
| Third | Indefinite (at least 10 years) |
| Fourth | Permanent |
You will also need an Addiction Services assessment and a reinstatement fee, and you may qualify for the interlock program.
How these cases are defended
Defence lawyers look at the reason for the stop, the demands, your right to a lawyer, the testing procedure and the disclosure. Charter breaches can lead to evidence being excluded. Read the guide to Nova Scotia impaired driving laws.
Frequently asked questions
No. There is no right to refuse, and refusal is a Criminal Code offence with a minimum $2,000 fine on a first conviction.
$1,000, rising to $1,500 for a BAC of 120 to 159 mg, and $2,000 for 160 mg or more or for refusal.
Yes. A second offence carries a minimum of 30 days in jail, and a third a minimum of 120 days.
One year from the date of conviction.
Find a Nova Scotia impaired driving lawyer →
This article is general information about Nova Scotia and Canadian impaired driving law as of October 2026. It is not legal advice. Penalties, fees and procedures can change; confirm details with Access Nova Scotia or a lawyer.
Sources: Service Nova Scotia, Registry of Motor Vehicles – Alcohol and Driving; Government of Nova Scotia, Tougher penalties for impaired driving come into effect; Legal Information Society of Nova Scotia, Alcohol or drug impaired driving and Alcohol Ignition Interlock Program; Department of Justice Canada, Impaired driving laws.
