Criminal Law
Alexandre Lacroix · June 8, 2026 · 3 min read
Impaired driving charges mark the start of a complex administrative process with the SAAQ for the person accused. Restricted licence, ignition interlock device, mandatory evaluations: each step follows precise rules under the Highway Safety Code (HSC). Here’s what you need to know. A criminal lawyer in Montreal can guide you through these administrative steps while preparing your defence against the impaired driving charge.
After the arrest: getting your licence back
As soon as an arrest is made, the driver’s licence is suspended on the spot for 90 days (s. 202.4 HSC), and their vehicle may be towed: for 30 days when the blood alcohol level reaches 160 mg or in the case of a refusal, and for 90 days in the case of a repeat offence within the ten years preceding the arrest.
At the end of the administrative suspension — normally 90 days — it is possible to drive again if the SAAQ agrees to issue the accused an unrestricted licence or a restricted licence.
The SAAQ issues an unrestricted licence, valid until a conviction occurs, if any, if it is satisfied that the accused’s relationship with alcohol or drugs does not compromise safe driving of a road vehicle.
To be convinced, the SAAQ may require the accused to undergo a summary assessment, which consists of an actuarial analysis of the risk of reoffending. It does so where the blood alcohol level was high, where there was a refusal, or in the case of a repeat offence, under sections 73 and 109 HSC. If the accused passes the assessment, they will obtain their licence, valid until a conviction occurs, if any. If not, they must undergo a full assessment. Passing the full assessment leads to a restricted licence, which only allows driving a vehicle equipped with an ignition interlock device.
The device measures the driver’s blood alcohol concentration before each start. The vehicle will not start if the driver’s breath contains any trace of alcohol. Data collected by the device is transmitted to the SAAQ by the equipment manager.
In the event of a conviction
If the offender is found guilty of impaired driving by alcohol, their licence will be seized by the Court. Barring exceptions, they may obtain a restricted licence, requiring an ignition interlock device in their vehicle for a minimum period of one year (ss. 76 and 76.1.1 HSC). The summary assessment, and, if unsuccessful, the full assessment, are necessary to regain an unrestricted licence once this one-year prohibition period ends (ss. 76.1.2 and 76.1.3 HSC).
High blood alcohol level or refusal to comply: a stricter regime
When the offence involves a high blood alcohol level (over 160 mg of alcohol per 100 mL of blood) or a refusal to comply with an officer’s order, the sanction periods are extended by two years (s. 76.1.4 HSC).
To obtain a new unrestricted licence, the offender must proceed directly to the full assessment, as the summary assessment is not offered in their case.
Repeat offence: a lifetime condition
When the offender reoffends within ten years, their new licence — and all their future licences for the rest of their life — will carry the mandatory condition of using an interlock device (s. 76.1.6 HSC). They are thus required to hold a restricted licence for life, unless they contest this sanction before the Court of Québec.
Contesting the condition before the Court of Québec
An option exists for an offender who has been given a lifetime ignition interlock condition. After 10 years of driving with a restricted licence, they may apply to the Court of Québec, civil practice division, to request that the condition be lifted (s. 76.1.6 HSC). They must then show that their relationship with alcohol no longer compromises road safety. This option is not available to offenders who have reoffended more than once.
Making an informed decision
If you or a loved one are facing an impaired driving situation, it is in your interest to fully understand your options before a conviction is entered — certain steps must be taken promptly to reduce the impact on the accused. The consequences of a criminal record and of an impaired driving conviction come on top of these administrative sanctions, which is why both sides of the case must be handled together.
Me Alexandre Lacroix offers a free consultation to answer your questions and help you better understand this process.
This blog post is provided for general informational purposes only and does not constitute legal advice. Every situation is unique — consult a legal professional for advice tailored to your case.
Article updated on October 9, 2026.
A member of the Barreau du Québec since 2022 and of the Association des avocats de la défense de Montréal, Laval et Longueuil, Me Lacroix practises criminal and penal law: impaired driving, Highway Safety Code offences, bail hearings and trials. He holds a law degree and an MBA from the Université de Sherbrooke and is also an accredited mediator.
Care or Control While Impaired
Consequences of an Impaired Driving Arrest
Defences in Criminal and Penal Law