{"id":8152,"date":"2026-10-01T08:59:00","date_gmt":"2026-10-01T12:59:00","guid":{"rendered":"https:\/\/www.solutionticket.com\/impaired-driving-the-two-hour-rule-and-your-defences\/"},"modified":"2026-10-19T14:06:56","modified_gmt":"2026-10-19T18:06:56","slug":"impaired-driving-the-two-hour-rule-and-your-defences","status":"publish","type":"post","link":"https:\/\/www.solutionticket.com\/en\/impaired-driving-the-two-hour-rule-and-your-defences\/","title":{"rendered":"Impaired Driving: The Two-Hour Rule and Your Defences"},"content":{"rendered":"

Impaired Driving: The Two-Hour Rule and Your Defences<\/h2>\n

Since December 2018, the Criminal Code provides that a person commits an offence if their blood alcohol concentration is equal to or exceeds 80 mg of alcohol per 100 ml of blood<\/strong> (the well-known 0.08) within two hours<\/strong> of ceasing to operate a conveyance. The rule applies to any mode of transport: automobile, boat, aircraft or railway equipment.<\/p>\n

What if I drank after driving?<\/h2>\n

A defence exists, but the accused must establish three conditions<\/strong>:<\/p>\n

    \n
  1. they drank after they stopped driving;<\/li>\n
  2. at that time, they had no reason to expect to be required to provide a breath or blood sample;<\/li>\n
  3. their consumption is consistent with the measured blood alcohol concentration and with a blood alcohol concentration below 0.08 at the time of driving.<\/li>\n<\/ol>\n

    Two situations, two outcomes<\/h2>\n

    Situation 1:<\/strong> After a night of heavy drinking, a driver hits a parked car and leaves the scene. A witness notes his licence plate. When the police arrive at his home, he has just poured himself a drink. His defence has little chance of success: after a hit-and-run, he had reason to believe he would be asked for a sample, and his blood alcohol concentration will far exceed what a single drink could explain.<\/p>\n

    Situation 2:<\/strong> A woman comes home sober after a long evening of babysitting, hits a snowbank while parking, and then has two drinks to unwind. A neighbour calls the police. Here, the defence may succeed: she drank after driving, nothing led her to believe she would have to provide a breath sample, and a calculation of her blood alcohol concentration (timing and quantity of drinks, alcohol content, elimination) can support her version of events.<\/p>\n

    These cases turn on precise details. The sooner you consult a lawyer, the easier it is to reconstruct the facts.<\/p>\n

    Need a criminal law lawyer?<\/h2>\n

    Every case is different. Our lawyers will analyze your situation and explain your options. In criminal matters, acting quickly often makes a difference.<\/p>\n

    Montr\u00e9al area: 514 990-7884<\/a>
    Elsewhere in Quebec:     1 877 990-7884<\/a><\/p>\n

    See also: Criminal Charges<\/strong><\/a><\/p>\n

    <\/p>\n

    See also<\/h2>\n