Nova Scotia Impaired Driving Lawyers

Nova Scotia takes the licence at the roadside. The Criminal Code takes the record in court. A Nova Scotia DUI lawyer deals with both. One is the Registry of Motor Vehicles’ administrative suspension and revocation under the Motor Vehicle Act. The other is the impaired, 80 mg or over or refusal charge under s. 320.14 or s. 320.15 in the Provincial Court of Nova Scotia.

Sections 320.14 and 320.15 Carry a Minimum Fine and a Driving Prohibition

Section 320.14 covers impairment by alcohol or a drug, a blood alcohol concentration of 80 mg or more within two hours of driving, and the drug concentration offences. Section 320.15 covers refusing or failing to comply with a demand. Mandatory alcohol screening lets an officer demand a roadside sample from any lawfully stopped driver without suspicion. A first conviction carries a minimum $1,000 fine, higher with higher readings, and a driving prohibition of one to three years. A second conviction carries a minimum thirty days in jail.¹ Nova Scotia’s Motor Vehicle Act adds a licence revocation on conviction that can run alongside the federal prohibition.

The Motor Vehicle Act Suspends at the Roadside and Revokes on Conviction

A driver who blows 80 or more or refuses in Nova Scotia gets an immediate suspension of licence by a peace officer under the Motor Vehicle Act. A driver in the graduated licensing program faces a zero-tolerance suspension for any alcohol. After a conviction, the Alcohol Ignition Interlock Program lets eligible drivers back behind the wheel with the device installed before the revocation ends. Decide with counsel whether to enter the program and when. It interacts with the criminal prohibition.

The Defences Are in the Instrument Records, the Timing and the Charter

The two-hour presumption has conditions, and each one can fail. The approved instrument at the Halifax or Dartmouth detachment has maintenance and calibration records, and we get them disclosed and examine them. We review the timing of the roadside demand, the grounds for the arrest, the delay before the breath tests, and whether the right to counsel under s. 10(b) of the Charter was given and honoured. Drug-impaired charges rest on a drug recognition evaluation with known weaknesses. A Nova Scotia DUI lawyer gets the in-car and booking-room video before advising on a plea. A case that looks hopeless on the charge sheet often is not on the video.

The Provincial Court Tries the Charge, Months After the Roadside

The Provincial Court of Nova Scotia tries impaired driving, in Halifax, Dartmouth, Sydney, Truro or the local court. Trial dates are months out. The provincial revocation starts on conviction, which is one reason a triable case should be tried.

To speak to a lawyer, call the Halifax office.

Can I Drive During the Roadside Suspension?

No. Driving while suspended is a separate offence with its own consequences. The suspension is short. The revocation after a conviction is what the interlock program addresses.

I Refused Because I Was Scared. Is That a Defence?

Fear is not a reasonable excuse under s. 320.15. Whether the demand was lawful and properly made, and whether you had a real opportunity to comply, are defences.

My Reading Was 85. Is It Worth Fighting?

A reading close to the limit is exactly where the instrument records, the timing and the presumption’s conditions decide the case. We check all three before any plea.

What Does a Conviction Do to My Insurance?

It moves you to the Facility Association for several years at a multiple of your premium. That is often the largest cost of the whole event, and a reason to defend a triable case.

Read the firm’s drinking and driving guide.