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Description
When peace officers have reason to believe that a motorist is under the influence of alcohol, they have explicit authority to request a blood-alcohol concentration test.
If the result of the test shows that the blood-alcohol concentration exceeds 80 milligrams of alcohol in 100 millilitres of blood or if the driver refuses the demand for a breath sample, a three month administrative licence suspension is issued at roadside.
To help police in determining if there is evidence to justify a demand for a breath sample, they can also ask a suspected drinking driver to submit to a Standard Field Sobriety Test.
The administrative licence suspension allows impaired drivers to be removed from the road more quickly. It minimizes the safety risk a person charged with impaired driving poses to others while awaiting a court date.
How ALS works
Drivers with a blood alcohol level of more than 0.08%, or refusing to provide a breath sample, will be served immediately with a three month Notice and Order of Suspensions, in addition to the 24-hour suspension they may have been issued at roadside. Drivers will also be required to surrender their driver's licence.
A temporary permit for up to 7 days will be provided to drivers to allow them to make other transportation arrangements. The three month suspension will become effective 7 days following the issuance of the Notice of Order of Suspensions.
Under specific circumstances, the driver may apply to the Registrar of Motor Vehicles for a review of the licence suspension. A fee is applicable when requesting a review. The application for a review process will not stop the suspension.
More information on appeals and the Application for Administrative Licence Suspension Review form are available online and at Service New Brunswick offices.
Appeal to request a review
A driver is eligible to appeal the suspension by applying for a review. The only grounds for consideration of an appeal are:
- You were mistakenly identified and you were not the person driving the vehicle
- You were not charged under the Criminal Code of Canada
- You were not operating or did not have care and control of the vehicle while having a blood alcohol level of more than 0.8%, or that you did not refuse to provide a breath sample.
The application for a review process will not stop the suspension.
The driver may file an appeal with the Registrar of Motor Vehicles any time during the suspension period. An application form, along with the prescribed fees ($64 for a written request only and $100 for an oral hearing), must be submitted. The applicant is responsible for providing supporting information or documentation that may be requested by the Registrar. Sworn statements, or other evidence the applicant may wish the Registrar to consider, may accompany the application.
When evidence before the Registrar supports that there should have been no suspension, the Registrar is required to revoke the Order of Suspension or disqualification, re-issue any licence or permit that would have been surrendered and ensure that all fees for the review application be refunded to the applicant.
More information on appeals and the Application for Administrative Licence Suspension Review form are available online and at Service New Brunswick offices.
Frequently asked questions
Who can receive a three month roadside suspension?
The suspension applies to anyone charged with driving with a blood alcohol level of more than 0.08 % or refusing a demand for a breath sample.
Does the three month suspension replace the 24-hour suspension?
No. A 24-hour suspension is still applicable when the driver’s concentration of alcohol in the blood is 50 milligrams or more of alcohol in 100 millilitres of blood. A peace officer may still request a driver to surrender the licence and suspend it for a period of twenty-four hours from the time the request is made.
What happens after three months if the suspended driver has not yet gone to court?
The administrative licence suspension terminates after three months. The driver can have their licence reinstated by contacting a Service New Brunswick office and paying the required reinstatement fee of $52.
Does the three month suspension result in fines or points against the driver's licence?
Driver demerit points or fines are not assessed as the result of the three month administrative suspension.
Since this is an immediate suspension, what will happen to the vehicle?
With the consent of the driver, the vehicle can be moved by a readily available person with a valid driver’s licence (For example, if someone else is in the vehicle that is able to drive they may take control of the vehicle). If no such person is readily available, the peace officer can make arrangements to have the vehicle moved and stored, notifying the driver of its location.
Can I appeal a three month licence suspension?
Yes. To file an appeal, a driver must submit an application for review by the Registrar of Motor Vehicles. The appeal for the review can be submitted at any time during the suspension period. There are two types of reviews: a written request only or a request for an oral hearing.
Under what grounds can I appeal a three month licence suspension?
The only grounds for consideration of an appeal are:
- You were mistakenly identified and you were not the person driving the vehicle
- You were not charged under the Criminal Code of Canada
- You were not operating or did not have care and control of the vehicle while having a blood alcohol level of more than 0.8%, or that you did not refuse to provide a breath sample.
Is there a cost to request a review of a suspension?
Yes. The following fees are prescribed and must be submitted with the application: $64 for a written review only or $100 for a request for an oral hearing ($100).
How long will the review take before a decision is made on the suspension?
For a written request, the Registrar of Motor Vehicles is required to consider the application within 10 days of the application being filed. Where an oral hearing is requested, the Registrar of Motor Vehicles is required to consider the application within 20 days of the application being filed.
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