Impaired Driving: Charges, Penalties and Defence

Two distinct offences are often confused:

impaired driving by alcohol or drugs;
driving with a blood alcohol concentration of 80 mg or more per 100 ml of blood (0.08).

A person can exceed 0.08 without showing any signs of intoxication, and can be impaired with a lower blood alcohol concentration.

Signs Observed by Police Officers

Erratic driving, an unexplained accident, the smell of alcohol, difficulty speaking, loss of balance, red or glassy eyes: these are examples of indicators that can lead to an arrest.

Mandatory Alcohol Screening

Since December 18, 2018, a police officer who lawfully stops a driver and has an approved screening device on hand can demand a breath sample without having to suspect the presence of alcohol. Refusing to comply is a criminal offence with serious consequences.

Penalties for a First Offence

Minimum fine of $1,000 (blood alcohol concentration under 120 mg);
$1,500 (120 to 159 mg);
$2,000 (160 mg and over);
Driving prohibition of at least one year and a criminal record.

For repeat offences: a minimum prison sentence of 30 days for a second offence, and 120 days for each subsequent offence.

SAAQ Sanctions

Administrative sanctions are added to these penalties: immediate 90-day licence suspension upon arrest, revocation following a conviction, and a requirement to use an ignition interlock device in order to regain the right to drive.

Several defences may be available: lawfulness of the stop, respect for your rights, reliability of the tests, and delays. Our lawyers analyze every element of the evidence.

Need a Criminal Law Lawyer?

Every case is different. Our lawyers analyze your situation and explain your options. In criminal matters, acting quickly often makes a difference.

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Elsewhere in Quebec: 1 877 990-7884

Impaired Driving: Charges, Penalties and Defence