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

In Quebec, when a person is declared guilty of driving while intoxicated, they could undergo sanctions at two governmental levels: FEDERAL, under the terms of the Criminal Code, and PROVINCIAL, under the terms of the Highway Safety Code.

 FOR A FIRST CONVICTION

1. Prohibited from driving for one year.

2. Revocation of the driver's licence for one year. (The revocation of the driver's licence and the driving prohibition are simultaneous.) A 3 year revocation will be imposed if the blood alcohol content is higher than 160mg alcohol per 100ml of blood, or if the suspect refuses to obey an order from a police officer.

Use of an Ignition Interlock system with a Breathalyser.

Unless the Courts decide otherwise, the driver can obtain a restricted licence as of the 3rd month (for the last 9 months of the sentence) on the condition of equipping their vehicle with an Ignition Interlock system and breathalyser.

The cost of the system for nine months is more than $1,250.

In addition, if the BAC is higher than 160mg alcohol per 100ml of blood, or if the suspect refuses to obey an order from a police officer, the driver will be required to use an Ignition Interlock system for 2 years.

For 33 months, the cost of this system is more than $3,900. 

1. Minimum fine of $1000.

2. A criminal record.

3. $300 in minimal expenses to obtain a new driver's licence after the revocation of the original.

4. Obligatory awareness meetings (ALCOFREIN) offered by the SAAQ at the driver's expense ($150)

5. Summary evaluation, at the driver's expense, of their attitudes towards alcohol that are contrary to the safe control of a vehicle (nearly $220).  

6. If this evaluation is unfavourable, these next steps will be added:

   • a complete evaluation, at  the driver's expense (nearly $545) and;

   • the obligatory use of an Ignition Interlock device with Breathalyser for one year.

For 21 months, the cost for the system is more than $2,700.

Generally, in addition to the one year driving prohibition and obtaining a criminal record, a first conviction for driving under the influence of alcohol could involve more than $4000 in expenses.

 FOR A SECOND CONVICTION

1. Prohibited from driving for two years as imposed by the judge *.

2. Revocation of the driver's licence for a total of three years by the SAAQ. (There is one year of additional revocation.) It will be five years if the blood alcohol content is higher than 160mg alcohol per 100ml of blood or if the suspect refuses to obey an order from a police officer.

3. Minimal imprisonment for 30 days.

4. A criminal Record.

5. $350 in minimal expenses to obtain a new driver's licence after the revocation of the original.

6. Summary evaluation, at the driver's expense, of their attitudes towards alcohol that are contrary to the safe control of a vehicle ($617.82).

7. Use of an Ignition Interlock device system with a Breathalyser for two years following the 3 year revocation period (if the complete evaluation is satisfactory to the SAAQ). The period will be 3 years if the BAC is higher than 160mg alcohol per 100ml of blood or if the suspect refuses to obey an order from a police officer, and will be LIFE LONG if, during the first and the second sentences, their blood alcohol content is higher than 160mg alcohol per 100ml of blood or if the suspect refuses to obey an order from a police officer.

* Unless the Courts decide otherwise, the driver can obtain a restricted licence as of the 6^th month on the condition of equipping their vehicle with an Ignition Interlock system and Breathalyser for the remaining duration of the sentence - 30 months. 

The cost of the system for 54 months is nearly $6000.

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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