Driver's Licence

Drinking and Driving - Penalties and Measures

It is possible to detect the risk of a repeat offence among individuals who are convicted for a first impaired driving offence.

Penalties and Measures provided under the Highway Safety Code

1. Immediate suspension of the driving privilege: 90 days
   If you are pulled over for impaired driving, or if you refuse to provide a breath or blood sample or to submit to physical coordination tests, whether you are subject to the zero alcohol rule or your blood-alcohol level is above 80 mg/100 ml of blood.
2. Immediate seizure and impoundment of the vehicle if your blood-alcohol level is above 160 mg/100 ml, or for a refusal to provide a breath or blood sample, a refusal to submit to physical coordination tests, or any other repeat offence.
3. For a 1st impaired driving conviction, your driver's licence is revoked for 1 year* (3 years* if your blood-alcohol level was above 160 mg/100 ml, or for a refusal to provide a breath or blood sample or a refusal to submit to physical coordination tests), and you are liable to a minimum fine of $1,000 under the Criminal Code.
4. Upon a 1st impaired driving conviction, a mandatory summary assessment of the driver's behaviour conducted through the Programme d'évaluation des conducteurs automobile (PECA), administered by the Association des centres de réadaptation en dépendance du Québec, to determine if the offender's behaviour with respect to alcohol or drugs is compatible with the safe operation of a vehicle. If the assessment is unfavourable, the individual will be required to undergo a comprehensive assessment.
5. A repeat offender or an individual whose summary assessment is unfavourable cannot obtain a new driver's licence unless he or she meets the two following conditions:
   • the comprehensive assessment must clearly show that the individual's alcohol consumption habits do not pose a risk to the safe operation of a motor vehicle;
   • his or her vehicle must be equipped with an alcohol ignition interlock device for:
     • 1 year for a 1st alcohol-related criminal conviction (2 years if the offender's blood-alcohol level was above 160 mg/100 ml, or for a refusal to provide a breath or blood sample or refusal to submit to physical coordination tests);
     • 2 years for a 2nd conviction (3 years if the offender's blood-alcohol level was above 160 mg/100 ml, or for a refusal to provide a breath or blood sample or a refusal to submit to physical coordination tests, or mandatory use of the device for life in the case of a second offence with a blood-alcohol level above 160 mg/100 ml, or for a refusal to provide a breath or blood sample or a refusal to submit to physical coordination tests);
     • 3 years for a 3rd or subsequent conviction (or mandatory use of the device for life in the case of a second offence with a blood-alcohol level above 160 mg/100 ml, or for a refusal to provide a breath or blood sample or a refusal to submit to physical coordination tests).
6. To determine if this is a repeat offence, the reference period is 10 years.
7. A licence is revoked for a period of:
   • 3 years* for a 2nd Criminal Code conviction in connection with operating a road vehicle (5 years* if the offender's blood-alcohol level was above 160 mg/100 ml, or for a refusal to provide a breath or blood sample or a refusal to submit to physical coordination tests);
   • 5 years* for a 3rd or subsequent conviction.
8. Under the Criminal Code, a convicted offender may receive a minimum sentence of 30 to 120 days respectively (in the case of a repeat offence).

* The revocation period provided under the Highway Safety Code may be extended if the driving prohibition period issued under the Criminal Code is longer.

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