Most impaired driving stops in Manitoba now end with an Immediate Roadside Prohibition. But police can also lay charges under the federal Criminal Code, especially after a crash, a high reading, a refusal or repeat offences.
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 to comply with a lawful demand for a sample.
- 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.
Manitoba consequences on top
A conviction also brings a court-ordered driving prohibition, a mandatory suspension under The Highway Traffic Act, a further 5-, 10- or 15-level drop on the Driver Safety Rating scale, the Ignition Interlock Program and possible vehicle forfeiture. A second conviction for impaired driving causing death or injury within 10 years brings a lifetime suspension. See Manitoba DUI penalties.
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 our guide to Manitoba impaired driving laws.
Frequently asked questions
$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.
MPI lists possible vehicle forfeiture among the consequences of a Criminal Code impaired driving conviction.
Yes. A conviction drops you a further 5, 10 or 15 levels on Manitoba's Driver Safety Rating scale.
Find a Manitoba impaired driving lawyer →
This article is general information about Manitoba and Canadian impaired driving law as of October 2026. It is not legal advice. Penalties and procedures can change; speak with a lawyer about your situation.
Sources: Manitoba Public Insurance, Alcohol impairment and Impaired driving consequences; MPI, Administrative Suspension Review Application; Government of Manitoba, news release, May 1, 2026; Department of Justice Canada, Impaired driving laws.
