Driving while intoxicated involves legal consequences at the time of the arrest,after the declaration of guilt, and during sentencing by the judge.

The zero alcohol measure also involves legal consequences. 

Arrest

Here is how an arrest happens when caught driving under the influence or having refused to provide a breath or blood sample:

1. The police officer informs the driver of the violation at the time of the arrest.

2. The suspect is read  their rights.

3. The officer will then search the suspect, and, according to their evaluation of the situation, the officer can decide to place the suspect in handcuffs or not.

4. The vehicle is either impounded or seized for a 30 day period, according to the circumstances.

5. The suspect is then transported in a police vehicle to the SPVM detention centre.

6. The suspect is asked to empty their pockets and to remove any jewellery, their belt and shoe laces. All personal effects are identified then placed in an envelope.

7. The suspect can then call their lawyer or, if they do not have one, a lawyer from Legal Aid or an on-call service will be appointed to them.

8. The suspect is then taken for a breathalyser test to provide the samples necessary to analyze their blood alcohol content.

9. They are then placed in a cell.

10. The police officers take their photograph and digital fingerprints, unless they decide to do this at a later date.

11. The suspect signs a Promise to Appear in Court when called.

12. According to the circumstances, various administrative measures can be applied immediately:

    1. Seizure of the vehicle for 30 days. if :

       • the blood alcohol content (BAC) is higher than 160mg alcohol per 100 ml of blood, or if the person refuses to provide a breath or blood sample

       • OR if it is a repeat offence (2nd violation or more) the BAC is higher than 80 mg alcohol per 100 ml of blood

    2. Immediate suspension of the driver's licence for 90 days or if the blood alcohol content is higher than 80mg alcohol per 100 ml of blood, or if the person refuses to provide a breath or blood sample.

Declaration of Guilt

Penalties provided under the Criminal Code and the Highway Safety Code

Zero alcohol rule

Any person contravening the zero alcohol rule is liable for: 

• A $428 fine.

• Immediate suspension of their drivers licence for a period of 90 days (or of the right to drive a road vehicle for the same duration).
• Impounding of their vehicle.

Declaration of Guilt

The driver with a Learners or Probationary licence will see their licence revoked for a three month period as of the declaration of guilt, involving a complete prohibition to drive for this period. 

Source : SAAQ

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