Consequences of an Impaired Driving Arrest

Criminal Law

Immediate measures taken by the SAAQ after an impaired driving arrest

As soon as police make an arrest for impaired driving, the Highway Safety Code provides for intervention by the Société de l’assurance automobile du Québec even before the case is heard in court. This intervention is administrative in nature and depends on the circumstances of the arrest, notably the number of prior offences and the recorded blood alcohol level.

Immediate licence suspension (s. 202.4 HSC) — The arrested person’s licence is suspended on the spot for a period of 90 days as soon as the blood alcohol concentration reaches 80 mg of alcohol per 100 ml of blood or in the event of a refusal to provide a sample. This suspension is automatic and does not require a prior court decision. This administrative decision can only be contested in the most exceptional cases, where the arrested person’s innocence is beyond doubt. An offender recovers their driver’s licence once the suspension ends.

Vehicle seizure (s. 209.2.1 HSC) — The offender’s vehicle is seized for 30 days when the blood alcohol concentration reaches 160 mg per 100 ml of blood or in the event of a refusal to provide a sample, and for 90 days in the case of a repeat offence within ten years. It is possible to ask the court to lift the seizure in specific cases.

Release procedure — If the seized vehicle belongs to someone other than the offender, it may be recovered earlier through a specific procedure known as a release from seizure. This process allows the legitimate owner to recover their property without waiting for the seizure period to end.

These administrative measures have an immediate impact on the offender’s daily life, leaving them without a licence and without a vehicle, which complicates their travel and personal or professional obligations.

The driver’s licence with the ignition interlock device condition

At the end of the 90-day suspension, the offender may apply for a licence from the SAAQ that comes with the condition commonly known as « the interlock. » This licence allows a motor vehicle equipped with an ignition interlock device to be driven, which prevents the car from starting if the driver’s breath contains alcohol.

However, the SAAQ may only issue this licence with the condition of installing an ignition interlock device in the vehicle after the offender has successfully completed an assessment, in cases of repeat offences or high blood alcohol levels (where a level above .160 is recorded). There is a summary assessment, which is shorter and less costly, and whose outcome depends on actuarial criteria beyond the control of the person being assessed. These criteria aim to assess the risk of reoffending based on the driver’s profile. If this assessment is failed, a full assessment will be required. This is a longer and more expensive procedure. Me Alexandre Lacroix will make it his duty to guide you rigorously through these steps.

Cost of the interlock device — Renting this device involves monthly fees, in addition to an installation cost that can reach several hundred dollars. Prices are subject to change; please contact the SAAQ to confirm current information.

The consequences after a finding of guilt

If the court finds the accused guilty, the consequences can vary.

Under the Criminal Code

Section 320.19 of the Criminal Code sets out minimum penalties for anyone found guilty of driving while impaired or with a blood alcohol concentration equal to or exceeding 80 mg per 100 ml of blood (s. 320.14 Cr.C.), or of refusing to provide a sample (s. 320.15 Cr.C.).

• Minimum fine of $1,000 (s. 320.19 Cr.C.) — For a first offence, the minimum fine is $1,000 when the blood alcohol concentration is between 80 and 119 mg per 100 ml of blood, $1,500 between 120 and 159 mg, and $2,000 at 160 mg or more or in the event of a refusal. This fine may be higher depending on the circumstances of the offence. An accident or high blood alcohol level can increase the fine. The speed and size of the vehicle driven can also be aggravating factors.
• Criminal record — A conviction results in a criminal record being entered under the convicted person’s name, which can affect their employment, travel abroad, insurance, and other aspects of their life.
• Non-absolute driving prohibition (s. 320.24 Cr.C.) — A driving prohibition is mandatory for a period of one to three years for a first offence (s. 320.24(2) Cr.C.). It is called « non-absolute » because it does not prevent driving with a licence subject to the condition of having an ignition interlock device under the Québec program (s. 320.24(10) Cr.C.; ss. 76.1.1 and following HSC).

These sanctions illustrate the severity of the consequences of an impaired driving arrest, even for a first offence.

Why is it important to know the consequences of impaired driving?

Understanding the consequences of an impaired driving arrest allows the offender to better anticipate the steps to follow and the impacts on their life. The immediate licence suspension, the vehicle seizure, the costs related to the interlock device, and the minimum penalties set by law are all factors that affect how this difficult situation is managed.

Tips for managing the situation after an arrest