New Guide: Impaired Driving in Québec

Criminal Law

Why a guide?

Each of our articles deals with one facet of the subject: care or control, the steps with the SAAQ, the consequences of an arrest or the impacts of a criminal record. What was missing was an overview for the person leaving the police station with an undertaking to appear and wondering what comes next. That is what this guide is for.

An impaired driving arrest sets two parallel processes in motion: the SAAQ’s immediate administrative measures and the criminal prosecution. Pleading guilty at the first appearance, without having seen the evidence, means giving up any defence.

What the guide covers

• The Criminal Code offences: impaired driving, blood alcohol of 80 mg or more, refusal, care or control.
• The roadside stop, the screening device, the samples at the station and the right to counsel.
• The SAAQ’s immediate measures: 90-day suspension, vehicle seizure, zero tolerance.
• The court process, from the first appearance to trial, and the Jordan time limits.
• A table of minimum sentences and driving prohibitions, and the consequences of a criminal record.
• The ignition interlock device, the SAAQ assessments and the most common defences, followed by frequently asked questions.

For each topic, the guide links to our more detailed articles.

A free consultation with Me Alexandre Lacroix

Have you been arrested for impaired driving? Before entering any plea, have your file assessed. Me Alexandre Lacroix offers a free, no-obligation first consultation to review the lawfulness of the stop, respect for your right to counsel and the reliability of the samples.

The content of this post is provided for general information purposes only and does not constitute legal advice. Every situation is unique — consult a legal professional for advice tailored to your case.