Government of New Brunswick

Overview

Short-term licence suspension:
Drivers who are found to have a blood alcohol concentration (BAC) between 0.05% and 0.08% milligrams will be issued a seven-day roadside driver’s licence suspension. The peace officer will take possession of the driver’s licence and advise the driver that their licence is suspended for seven days.

Administrative licence suspension:
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 Suspension. Drivers will also be required to surrender their driver's licence.

Eligibility

A driver is eligible to appeal the suspension by applying for a review. The only grounds for consideration of an appeal are:

1. the person operated or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of it in his or her blood exceeded 80 milligrams of alcohol in 100 millilitres of his or her blood, or

2. the person failed or refused to comply with a demand made on him or her under section 254 of the Criminal Code (Canada) in respect of the operation or care or control of a motor vehicle.

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.

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.

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. Drivers will also be required to surrender their driver's licence.

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.

Changes To Fees

This document provides the rationale supporting changes to fees, associated revenue information, and the legal authority:
http://www2.gnb.ca/content/dam/gnb/Departments/services/fees-frais/2009/2009psreviewofanorderofsuspension.pdf

Fees

Unless otherwise specified, Fees exclude the harmonized sales tax (HST).

Fee DescriptionRate in $Effective Date
YYYY-MM-DD
Type of Review Requested
  Review, no hearing (Written)64.002008-09-08
  Review with hearing (In Person)100.002008-09-08
Contact Information Email Location
Fredericton