Driving Tests

New Driver Penalties in New Brunswick: Zero Tolerance, Points, Restart

informational·how to guide·Published September 14, 2026

Can a new driver have any alcohol in New Brunswick?

No. Level 1 and Level 2 drivers in New Brunswick must keep blood alcohol at zero and use no drugs while driving. A conviction for a breach brings a suspension of at least one year, then a restart at Level 1 with no credit for a passed road test or driver training course. Newly licensed drivers start with only 4 demerit points; losing them all means a three-month suspension.

Where these rules come from

The rules come from the graduated licence page of the Government of New Brunswick, the Motor Vehicle Act (consolidated to June 12, 2026) and the impaired driving page. This guide also uses the New Brunswick Driver's Handbook (2022 PDF) for point values and the government driver distraction page for the phone rules and fine. This guide is correct as of 2026. Where the gnb.ca pages and the Act word a trigger differently, this guide follows the Act. Confirm the rules with Service New Brunswick (gnb.ca) before you drive.

Zero alcohol and zero drugs at Level 1 and Level 2

Level 1 and Level 2 drivers must keep a zero blood alcohol content and use no drugs while driving. The Motor Vehicle Act sets the alcohol limit at zero milligrams in 100 millilitres of blood, so any alcohol in your blood breaks the rule. You also must not have a drug prescribed by regulation at a level that approved drug screening equipment can detect.
The Act calls the two levels "stage one" and "stage two". gnb.ca and this guide say Level 1 and Level 2.

How long the zero rule lasts: Level 2 and age 21

The zero rule applies for as long as you hold a Level 1 or Level 2 licence, at any age. If you are under 21, it stays after you get your Class 5. The Act puts a restriction on each licence issued to a driver under 21: no alcohol above zero and no detectable prescribed drug. Your licence shows it as condition 23: "Zero tolerance for alcohol or drugs until age 21." Practise this rule with the free question page on the blood-alcohol rule for drivers under 21.

What a breach can cost a new driver

What a breach can cost a new driver
What happens	Penalty
Breach of the zero alcohol or drug rule	Suspension of at least one year on conviction, and a mandatory seven-day vehicle impoundment
Immediate roadside suspension	Three-month suspension, 12-month ignition interlock, an impaired driver re-education course, and other fines and fees
Loss of all demerit points	Three-month suspension
Distracted driving	$340.50 (CAD) fine and five demerit points

How many demerit points a new driver has

A newly licensed driver is a driver licensed in New Brunswick for less than four years. You get 4 points when the licence is issued and 2 more each year after that, up to 10. The Driver's Handbook gives these examples: speeding 25 km/h or less over the limit costs 3 points, more than 25 km/h over costs 5, distracted driving costs 5 and failing to stop for school bus flashing lights costs 6. In your first year, two small speeding tickets take 6 points, more than the 4 you hold, and bring the three-month suspension. Test yourself on the rule for losing all your points.

When police give an immediate roadside suspension

Your breath sample on an approved screening device registers "Fail". The device is calibrated to register "Fail" at 80 mg of alcohol in 100 ml of blood or more.
You have alcohol or drugs in your body and you fail or refuse a Criminal Code demand for a test without a reasonable excuse.
The officer takes your licence on the spot, revokes it and serves an order of suspension. The officer can lay a Criminal Code charge instead.
A lower reading still has a penalty for any driver: at 0.05 or more, or after a poor Standard Field Sobriety Test, the licence is suspended for seven days on a first offence in five years.

What makes you start Level 1 again

You are convicted of a zero alcohol or drug breach, or of a Criminal Code impaired driving offence, while you hold a learner's licence

The Registrar revokes your licence and suspends you for at least one year. Before you can hold another learner's licence, you must pass and pay for the impaired driver re-education course. Then you start again at the beginning of Level 1.

You lose all your points while you hold a learner's licence

You serve the three-month suspension, then start again at the beginning of Level 1.

You get an immediate roadside suspension while you hold a learner's licence

The Registrar revokes your learner's licence. Before you can hold a new one, you must pay the administrative penalty and pass the re-education course. Then you start again at the beginning of Level 1.

What starting over costs you in licence time

Every new driver needs at least 24 months in the graduated licence before a full licence. When you start anew, you get no credit for the time you already spent in Level 1 or Level 2, for a road test you passed or for a driver training course you passed. The 8-month path to Level 2 needs a licensed course passed in the previous two years, so you need a new driver training course to use it again. While you rebuild your time, the Level 1 rules on passengers and night driving apply again.

Phone fine for new drivers: $340.50 and five points

Any driver who breaks the distracted driving law can be fined $340.50 (CAD) and lose five points. In your first year you hold only 4 points, so one phone ticket takes them all and brings the three-month suspension. On a learner's licence, you also go back to the start of Level 1. Texting while driving is never allowed. The government's advice: turn the phone off before you drive, so you are not tempted to pick it up.

Key Takeaways

Level 1 and Level 2 drivers must have zero alcohol and no drugs while driving. Drivers under 21 keep the zero rule after Level 2.
A newly licensed driver starts with 4 demerit points and gets 2 more each year, up to 10. Losing all of them brings a three-month suspension.
A zero tolerance conviction, loss of all points or an immediate roadside suspension sends a learner's licence holder back to the start of Level 1.
One distracted driving ticket costs $340.50 (CAD) and five points, more points than a first-year driver holds.
Next step: practise the rules on the free New Brunswick Class 7 Level 1 practice test. It is in English only.

Questions about new driver penalties in New Brunswick

Does the zero rule apply in a parked car?

Yes. The Motor Vehicle Act applies the zero alcohol and drug rule when a Level 1 or Level 2 driver drives or has care or control of a motor vehicle, whether it is moving or not. Do not take charge of a parked vehicle with any alcohol in your blood.

What happens to my demerit points after four years?

After four years you are no longer a newly licensed driver. You then follow the rule for other drivers: when 10 or more points are assessed against your record, the Registrar revokes your licence and suspends your driving privilege. The Driver's Handbook says that demerit points are returned two years after the conviction date.

Can I appeal a points suspension in New Brunswick?

Yes, if it is your first suspension for loss of all points in three years. You appeal to the Registrar of Motor Vehicles. The Driver's Handbook says you may appeal when the ability to drive is essential to avoid the loss of your livelihood.

Can I use a hands-free phone as a new driver?

Yes, if the phone is hands-free or single-touch. You cannot make or take calls any other way while you drive, and you cannot program or handle a portable GPS. You can look at its screen. In an emergency, you can call 911.

How do I ask for a review of a roadside suspension?

Apply to the Registrar of Motor Vehicles within 15 days of the start date of the roadside suspension. A review is open for roadside suspensions of seven days or more. Send the application form with the fee. You can add sworn statements or other evidence. The suspension stays in force while the Registrar reviews it.