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Driving Under the Influence - Legal Consequences

Driving while intoxicated has legal consequences at the time of the arrest, after the declaration of guilt, and during sentencing by the judge.

The zero alcohol measure also has legal consequences. 

Arrest

Here is how an arrest happens when caught driving under the influence or upon refusal to provide a breath or blood sample:

  1. The Police Officer informs the driver of the violation at the time of the arrest.
  2. The suspect is read his or her rights.
  3. The officer will then search the suspect, and, according to the officer’s evaluation of the situation, the suspect may or may not be placed in handcuffs.
  4. The vehicle is either impounded or seized for a 30-day period, according to the circumstances.
  5. The suspect is then transported in a police vehicle to the SPVM detention centre.
  6. The suspect is asked to empty his orher pockets and to remove any jewellery, belt and shoe laces. All personal effects are identified and then placed in an envelope.
  7. The suspect can then call his orher lawyer or, if the suspect does not have one, a lawyer from Legal Aid or an on-call service will be appointed.
  8. The suspect is then taken for a breathalyser test to provide the samples necessary to analyze his or her blood alcohol content.
  9. The suspect is  then placed in a cell.

10. The Police Officers take the suspect’s photograph and digital fingerprints, unless they decide to do this at a later date.

11. The suspect signs a Promise to Appear in Court when called.

12. According to the circumstances, various administrative measures can be applied immediately:

  1. Seizure of the vehicle for 30 days. if:
  • the blood alcohol content (BAC) is higher than 160 mg alcohol per 100 ml of blood, or if the person refuses to provide a breath or blood sample
  • OR if it is a repeat offence (2nd violation or more) the BAC is higher than 80 mg alcohol per 100 ml of blood
  1. Immediate suspension of the driver's licence for 90 days or if the blood alcohol content is higher than 80 mg alcohol per 100 ml of blood, or if the person refuses to provide a breath or blood sample.

Infractions and penalties

If you drive while impaired, you could be subject to stiff penalties under the Criminal Code and the Highway Safety Code.

1st offence

  • Immediate licence suspension: 90 days
  • Fine: $1,000
  • Criminal record
  • Licence revocation: 1 year or 3 years
  • Risk reduction and assessment program
  • Alcohol ignition interlock (depending on the situation) 

To learn more :
Laws, Penalties and Costs - SAAQ.