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Road Safety

Legislation and Penalties with Respect to Alcohol-Impaired Driving

In Québec, drivers must abide by both the Criminal Code of Canada and the Highway Safety Code.

For impaired driving offences, various penalties apply depending on whether the offence is driving with a blood-alcohol concentration above 0 mg/100 ml of blood (learner's licence or probationary licence holder) or above 80 mg/100 ml of blood in other cases, or for refusing to provide a breath or blood sample..

Penalties provided under the Criminal Code and the Highway Safety Code
Criminal Code Highway Safety Code
1st penalty
  1. See the folder entitled Criminal Code Offences.
  2. Summary assessment: an assessment that is conducted for the purpose of determining an individual's risk of a repeat offence (cost assumed by the offender).
  3. Alcofrein Program: Driver education program recognized by the Minister of Transport. The purpose of the program is to raise awareness about the problems associated with alcohol and drug consumption in order to prevent repeat offences (fees payable by the offender).
  4. Comprehensive assessment: an assessment aimed at determining the nature of the problems and establishing a supervisory and follow-up plan according to the severity of a case and the individual's motivation (several meetings over a period of 6 to 9 months, fee payable by the offender).
  5. Refusal to obey an order: Refusal or failure to obey, without reasonable excuse, the order of a peace officer given by virtue of section 254 of the Criminal Code, in particular, to provide a breath or blood sample, or to undergo physical coordination tests.
  6. While impaired, with a blood-alcohol level above 80 mg/100 ml or for refusing or failing to obey the order of a peace officer (ex. refusal to provide a breath sample).
  7. These amounts, subject to change, include the fine provided under the Highway Safety Code, registry fees, as well as a contribution to IVAC (Indemnisation des victimes d'actes criminels). Other fees may apply.

Note: Assessments are conducted through the Programme d'évaluation des conducteurs automobile (PECA), administered by the Association des centres de réadaptation en dépendance du Québec.
  • Minimum driving prohibition of 1 year
  • Possible alcohol ignition interlock use after a minimum driving prohibition of 3 months
  • A fine of at least $1,000
 For a blood-alcohol level above 80 mg/100 ml, but below 160 mg/100 ml:
  • Immediate licence suspension for 90 days
  • Licence revocation for 1 year(1)
  • Summary assessment(2) of a driver's alcohol or drug habits to determine whether they compromise the safe operation of a motor vehicle
    • If the summary assessment is favourable:
      • mandatory Alcofrein(3) program
    • If the summary assessment is unfavourable:
      • comprehensive assessment(4)
      • mandatory alcohol ignition interlock device use for 1 year after licence revocation, once the assessment is satisfactory for the SAAQ

For a blood-alcohol level above 160 mg/100 ml or for refusal to obey the order of a peace officer(5):

  • Immediate licence suspension for 90 days
  • Vehicle seizure and impoundment for 30 days
  • Licence revocation for 3 years
  • Comprehensive assessment
  • Mandatory alcohol ignition interlock device use for 2 years after licence revocation, once the assessment is satisfactory for the SAAQ
2nd penalty
  • Minimum driving prohibition of 2 years
  • Possible alcohol ignition interlock use after a minimum driving prohibition of 6 months
  • Imprisonment for at least 30 days
 For a blood-alcohol level above 80 mg/100 ml, but below 160 mg/100 ml:
  • Immediate licence suspension for 90 days
  • Vehicle seizure and impoundment for 30 days
  • Licence revocation for 3 years
  • Comprehensive assessment
  • Mandatory alcohol ignition interlock device use for 2 years after licence revocation, once the assessment is satisfactory for the SAAQ

For a blood-alcohol level above 160 mg/100 ml or for refusal to obey the order of a peace officer:

  • Immediate licence suspension for 90 days
  • Vehicle seizure and impoundment for 30 days
  • Licence revocation for 5 years
  • Comprehensive assessment
  • Mandatory alcohol ignition interlock device use for 3 years after licence revocation, once the assessment is satisfactory for the SAAQ (or for life in the case of a 2nd conviction with a blood-alcohol level above 160 mg/100 ml or for refusal to obey the order of a peace officer)
3rd and subsequent penalty
  • Minimum driving prohibition of 3 years
  • Possible alcohol ignition interlock use after a minimum driving prohibition of 12 months
  • Imprisonment for at least 120 days
  • Immediate licence suspension for 90 days
  • Immediate vehicle seizure and impoundment for 30 days
  • Licence revocation for 5 years
  • Comprehensive assessment
  • Mandatory alcohol ignition interlock device use for 3 years after licence revocation, once the assessment is satisfactory for the SAAQ

For a blood-alcohol level above 80 mg/100 ml, but below 160 mg/100 ml:

  • Immediate licence suspension for 90 days
  • Vehicle seizure and impoundment for 30 days
  • Licence revocation for 5 years
  • Comprehensive assessment
  • Mandatory use of alcohol ignition interlock device for 3 years after licence revocation, once the assessment is satisfactory for the SAAQ (or for life where the driver has 2 convictions on record for blood-alcohol levels above 160 mg/100 ml or refusing to obey the order of a peace officer)

For a blood-alcohol level above 160 mg/100 ml or for refusal to obey the order of a peace officer:

  • Immediate licence suspension for 90 days
  • Vehicle seizure and impoundment for 30 days
  • Licence revocation for 5 years
  • Comprehensive assessment
  • Mandatory alcohol ignition interlock device use for 3 years after licence revocation, once the assessment is satisfactory for the SAAQ (or for life in the case of a 2nd conviction for a blood-alcohol level above 160 mg/100 ml or for refusal to obey the order of a peace officer)
Accident causing bodily harm(6)
Imprisonment for up to 10 years  
Accident causing death(6)
Maximum life sentence  
Reference period for calculating a repeat offence
No period mentioned in the Criminal Code 10 years
Other provisions
 
  • Driving while prohibited: vehicle seizure and impoundment for 30 days and fine of $1,885 to $3,760(7)
  • Zero alcohol for the holder of a learner's licence or a probationary licence and for the holder of a licence to operate a moped or motorized scooter or a farm tractor, who has held the licence for fewer than 5 years

Additional relevant information about legislation and penalties

Young people and the law
The 4-demerit point bracket and zero alcohol rule apply to all holders of a learner's licence or probationary licence. The driver's licence of any new driver who drinks and drives (> 0 mg and < 80 mg/100 ml of blood) will be suspended immediately. A driver whose blood-alcohol level exceeds 80 mg/100 ml of blood will be subject to the penalties provided under the Criminal Code and Highway Safety Code. Moreover, the driver's vehicle could be seized if he or she drives with a licence under penalty.

Penalties for not complying with the zero alcohol rule:

  • Immediate licence suspension for 90 days;

When holders are found guilty of such an offence:

  • A $300 to $600 fine. 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.);
  • Entry of 4 demerit points on the driver's record resulting in the licence revocation for a minimum of three months;

Note: All young drivers under age 18 are also subject to the Youth Criminal Justice Act (federal law). Depending on the seriousness of the offence, a judge may place the driver on probation and order a stay in a rehabilitation centre or community work.

Consequences for drivers immediately following a 1st criminal conviction
Every driver convicted of a 1st offence for alcohol-impaired driving must undergo a summary assessment conducted through the Programme d'évaluation des conducteurs automobile (PECA), administered by the Association des centres de réadaptation en dépendance du Québec. If the assessment is favourable, the offender must enrol in the Alcofrein education program.

This program, which is recognized by the Minister of Transport, is intended to make drivers aware of problems related to the consumption of alcohol or drugs and to prevent them from committing repeat offences.

If the summary assessment is unfavourable, the driver must undergo a comprehensive assessment. This assessment must establish, to the satisfaction of the SAAQ, that the driver's behaviour is compatible with the safe operation of a motor vehicle before a new licence is issued. The Alcofrein program registration fees as well as the summary and comprehensive assessment fees are the responsibility of the participants.

Driving safely using an alcohol ignition interlock device
During the driving prohibition period, an offender may be issued a restricted licence, which only becomes valid after the minimum driving prohibition period prescribed under the Criminal Code has ended, and after the offender has registered for the alcohol interlock device program.

Driving while prohibited
If an individual drives while his or her licence is under suspension or if the licence has been revoked for a driving-related criminal offence, the vehicle the individual is driving will be seized immediately and impounded for a period of 30 days. Vehicles are seized, towed and impounded at the owner's expense. Depending on the situation, a substantial fine may apply and criminal charges could be laid.

Relevant Document

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Last Modification: 2011-06-13