Our criminal lawyers clarify the law on alcohol-impaired driving in Quebec. Arrest, charges, consequences and criminal records for drinking and driving are subjects our lawyers are regularly asked to explain to the firm’s clients.
This is not surprising, since in 2018 alone, Statistics Canada recorded nearly 45,000 impaired driving charges across the country, including more than 12,000 in Quebec[1]. Needless to say, drinking and driving is a real social issue.
To help you understand the legal provisions governing the offence of drinking and driving, let’s shed some light on a few popular beliefs.
1. My blood alcohol level is not over 80 mg of alcohol / 100 mL of blood, so I’m fine!
That’s a myth! The Criminal Code does not only prohibit driving with a blood alcohol concentration above the legal limit of 80 milligrams of alcohol per 100 millilitres of blood. It also makes it a crime to operate “a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug.”
So a person who drives while their ability to drive is impaired by alcohol commits a criminal offence even if their blood alcohol level is below the legal limit.
As the Criminal Code now specifies, the impairment does not need to be significant. The prosecution only has to prove beyond a reasonable doubt that the accused’s ability to drive was impaired by alcohol.
This can be proven in several ways. Generally, the police officer who arrested the accused will be called to testify about what they observed.
The following could be relevant:
- How the accused was driving: weaving from one lane to another, driving erratically, scraping another vehicle, causing an accident;
- The accused’s physical condition: dry mouth, difficulty speaking, red eyes, slow movements;
- An odour of alcohol on the accused’s breath;
- The accused’s statement about their alcohol consumption (if it was made freely and voluntarily);
- Etc.
If you have been charged with impaired driving, meet with one of our criminal law lawyers today to have your situation reviewed.
2. I refused to blow, so they can’t prove anything against me!
You refused to blow into the “balloon” and think you’ve gotten off easy? Things are far from that simple.
First, refusing to comply with a valid police demand to blow into the approved screening device (ASD) or the breathalyzer is a criminal offence. A person who fails or refuses to comply with the police demand without a reasonable excuse faces criminal charges and, if convicted, a minimum fine of $2,000.
Second, evidence that the accused refused or failed to blow into the device can be admitted against them. In a prosecution for impaired driving, this evidence allows the court to draw an inference unfavourable to the accused.
In short, it is true that refusing to blow prevents the police officer from gathering evidence of a person’s blood alcohol level. However, the refusal can be used against the accused to establish that their ability to drive was impaired by alcohol.
Did you know? A person who does not blow properly into the device, making it impossible to obtain results, also faces a charge of failing to comply with a demand.
If you refused to provide a sample into the approved screening device or the breathalyzer, you face serious consequences. Don’t wait to contact one of our criminal law lawyers.
3. Anyway, I’ll just have to pay a fine!
It’s true that if you are convicted of alcohol-impaired driving or of driving with a blood alcohol level over the legal limit, you could be ordered to pay a fine. But that’s not all.
The fine
First, you should know that if you are convicted, the minimum fine is $1,000. Regardless of your financial means, the court cannot reduce this amount. Depending on the blood alcohol level proven by the prosecution, this minimum amount could be higher.
If your blood alcohol level is between 120 and 160 mg of alcohol per 100 millilitres of blood, the minimum fine is $1,500. If your blood alcohol level is 160 mg of alcohol per 100 millilitres of blood or higher, which is twice the legal limit, the minimum fine is $2,000.
Imprisonment
Note that these minimum fines only apply to a first offence of impaired driving. From the second offence on, the minimum sentence is imprisonment: 30 days for a second offence and 120 days for each subsequent offence. These are only the minimum terms of imprisonment. The offence of impaired driving is punishable by up to 10 years’ imprisonment.
Driving prohibition
A judge who convicts you of impaired driving must impose a driving prohibition. This prohibition applies to all types of motor vehicles, not just the one used when the offence was committed.
Once again, a minimum penalty applies. For a first offence, the court must impose a driving prohibition of one year.
Note that, in some cases, the court may allow you to immediately use an ignition interlock device in your car so that you can drive. However, the Société de l’assurance automobile du Québec (SAAQ) is responsible for issuing these devices, according to its procedures and at the prescribed cost.
Criminal record
Finally, a conviction for a criminal drinking and driving offence results in a criminal record. It is therefore wrong to think that this offence only leads to paying a fine. An impaired driving charge can have unfortunate consequences, and the situation must be taken seriously.
If you have been arrested for drinking and driving, consult one of our criminal lawyers. They will carefully review your case to put the best strategy in place for you.
4. I was resting in the car, so the police had no right to arrest me!
It is important to know that, for impaired driving, the concept of “operating” in the Criminal Code is much broader than the dictionary definition. Under the law, to operate means, “in respect of a motor vehicle, to drive it or to have care or control of it.”
So an intoxicated person who is in their motor vehicle, even if it is stationary, can be charged with having had care or control of it.
Also, if that person was arrested while occupying the driver’s seat, they will be presumed to have had care or control of the vehicle, unless they prove that they did not intend to set it in motion.
However, note that the prosecution must prove a realistic risk of danger to persons or property for a person to be convicted of this offence.
Contrary to popular belief, the police therefore have the right to arrest a person who is “sobering up” in their vehicle.
Contact us
Now that we have debunked the most common beliefs about drinking and driving, you are better informed about the state of the law on this subject. Our criminal lawyers handle many impaired driving cases and will guide you through the court process. Retain them today.
[1] Statistics Canada. Table 35-10-0177-01: Incident-based crime statistics, by detailed violations, Canada, provinces, territories and Census Metropolitan Areas.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
