An impaired driving charge in Saskatchewan has two immediate effects: a licence suspension that lasts until the charge is resolved in court, and a vehicle impoundment. Then comes the criminal case itself.
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 breath, blood or drug sample.
- Drug-impaired driving: 5 ng or more of THC per mL of blood, or any detectable amount of certain drugs such as cocaine or methamphetamine, within two hours of driving.
Since 2018, police can demand a breath sample from any driver they have lawfully stopped, even without suspecting alcohol.
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. A conviction also brings a court-ordered driving prohibition and a criminal record. Having between 2 and 5 ng of THC per mL of blood is a lesser offence with a maximum fine of $1,000.
Getting back on the road
If your charge is alcohol-related and you have served at least 90 days of the suspension, you may be able to drive again sooner by voluntarily installing an ignition interlock. See Saskatchewan DUI penalties.
How these cases are defended
Defence lawyers look at the reason for the stop, the timing and wording of the demands, your right to speak with a lawyer, how the testing was done and whether the evidence was properly disclosed. Charter breaches can lead to evidence being excluded.
Watch for changes
Saskatchewan has proposed administrative penalties that could replace criminal charges for some drivers over .08. They are not yet law.
Frequently asked questions
Indefinitely, until the charge is resolved in court. For alcohol-related charges, early reinstatement with a voluntary interlock may be possible after 90 days.
$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.
Yes. Police can demand a breath sample from any driver they have lawfully stopped.
Find a Saskatchewan impaired driving lawyer →
This article is general information about Saskatchewan and Canadian impaired driving law as of October 2026. It is not legal advice. Penalties and procedures can change, and Saskatchewan has proposed changes that are not yet law. Speak with a lawyer about your situation.
Sources: SGI, Saskatchewan Driver’s Handbook: The Traffic Safety Act; Government of Saskatchewan, Saskatchewan Moving Towards Swifter, More Effective Penalties for Impaired Driving (June 29, 2026); Department of Justice Canada, Impaired driving laws.
