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 related 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. To obtain a new driver’s licence, the person must meet certain conditions.
Suspension of the right to obtain a licence means that no licence can be issued to this individual for a specified period. The suspension may be lifted, depending on certain requirements the person must meet.

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

Length of the driving prohibition period

Licence revocation or suspension of the right to obtain a licence comes into effect on the day of conviction under the Criminal Code. The period is determined on the basis of the nature of the offence and the number of convictions within the previous ten years.

For a blood-alcohol level above	1st offence	2nd offence	3rd or subsequent offence

* For offences committed on or after December 6, 2009.
80 mg/100 ml, but not more than 160 mg/100 ml	1 year	3 years	5 years
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 provided 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 (contribution to the IVAC crime victims compensation program, registry fees, etc.).
The vehicle you are driving will 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 this penalty period

To obtain a new licence after an impaired driving-related revocation, you must meet the conditions that apply depending on whether the penalty was issued for a first or a repeat offence.

If the conviction is not related to an impaired driving offence, you will be required to:

Schedule an appointment at an SAAQ service centre;
Pass the reinstatement knowledge test¹;
Pay the test fees and the fee to replace your licence at the end of a penalty period. This does not include the cost for a driver's licence, if payment is due, and the additional insurance contribution.

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: