Sentence Watch

Criminal Code, section 320.14(1)(b)

Operation with blood alcohol over the legal limit

Maximum
10 years
Mandatory minimum
No mandatory minimum
Kind of offence
Impaired driving
Prosecuted
By indictment or summary conviction

Over 80 mg of alcohol in 100 mL of blood within two hours of operating. Mandatory minimum is a fine only on a first offence ($1,000; $1,500 if BAC 120-159 mg; $2,000 if BAC 160 mg or more), then 30 days for a second offence and 120 days for each subsequent offence (s.320.19).

Read the statute on the Justice Laws website

2 cases with this offence

  1. August 25, 2026
    R. v. Beals, 2026 NSPC 43Operation with blood alcohol over the legal limit; Breach of a release order; Possession of a Schedule I or II substance for the purpose of trafficking, Dartmouth. Judge Timothy G. Daley
    2 years less a day conditional sentence (house arrest for 12 months, then curfew), then 2 years probation
  2. April 28, 2021
    R. v. Cummings, 2021 NSPC 28Operation with blood alcohol over the legal limit, Dartmouth. Judge Jean M. Whalen
    $2,500 fine (time to pay to April 30, 2022), victim surcharge waived; one-year driving prohibition imposed earlier

Judges who sentenced this offence

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