Driver's Licence

Penalties under the Highway Safety Code for a Criminal Code Offence

If an individual is found guilty of a Criminal Code offence relating to the operation of a vehicle, penalties are provided under the Highway Safety Code. Penalties include revocation of a licence (learner's, probationary, driver's licence), or suspension of the right to obtain one of these licences if an individual drives without a valid licence.

• Licence revocation means that a licence is cancelled.
• Suspension of the right to obtain a licence means that no licence can be issued to this individual for a specified period.

Both types of penalties mean that an individual does not have the right to drive a road vehicle or the right to obtain a licence during the penalty period.

Length of the period of prohibition to operate a motor vehicle
Licence revocation or suspension of the right to obtain a licence comes into effect on the day of conviction. The period is determined on the basis of the number of times either penalty has been imposed for a Criminal Code offence within the previous ten years.

For a blood-alcohol level above	1st offence	2nd offence	3rd or subsequent offence
* For offences committed as of December 6, 2009.
80 mg/100 ml, but below 160 mg/100 ml	1 year	3 years	5 years
For 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	5 years	5 years

If the penalty imposed by a court is greater than the penalty imposed under the Highway Safety Code, the longer period applies.

If you drive during a penalty period

• You may be issued a traffic ticket and be required to pay a $1,500 to $3,000 fine and legal costs. Other fees may be added to the fine provided under the Highway Safety Code (contribution to the IVAC crime victims compensation program, registry fees, etc.).
• The vehicle you are driving may be seized and impounded for a period of 30 days. The vehicle is towed away immediately and impounded at the owner's expense.

To obtain a licence at the end of a penalty period
If a sentence is not related to an impaired driving offence, you will be required to:

• Schedule an appointment at an SAAQ service centre;
• Successfully pass a knowledge test;
• Pay test fees and a fee to replace your licence at the end of a penalty period. This does not include the cost for a driver's licence, if there is an amount owing and the additional insurance contribution.

To obtain a new licence following revocation due to an impaired driving offence, you will be required to meet specific conditions, depending if this is a 1st or subsequent penalty.

Additional insurance contribution
Without exception, an individual is required to pay the minimum fee for a new licence, including the additional insurance contribution that applies based on the number of Criminal Code offences committed within the previous five years, more specifically:

• $300 for a 1st conviction;
• $350 for a 2nd conviction;
• $400 for a 3rd or subsequent conviction.

These amounts include tax.

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