Driving under the influence on an ATV or snowmobile – Consequences and defenses with a lawyer!
In Quebec, the law does not stop where the off-road trail begins.
It extends far beyond this limit, and that is why drunk driving laws also apply to ATV, snowmobile, side-by-side and other recreational vehicle drivers.
So, what are the consequences you face if you are accused of driving an off-road vehicle while intoxicated? You risk being charged criminally for drunk driving. Here is everything you need to know about the possible consequences and defenses for such an act.
Driving under the influence on an ATV or snowmobile – EVERYTHING you need to know!
The provisions of the Highway Safety Code apply to ATVs/Snowmobiles
For several years now, the Highway Safety Code applies to snowmobilers and quad drivers. This means that the prohibition on driving while intoxicated, license suspension and even revocation of the car license also apply to recreational drivers.
The provisions of the Criminal Code also apply to ATVs/Snowmobiles
Driving a snowmobile – even on an off-road trail – while your blood alcohol level exceeds 80mg of alcohol per 100ml of blood is a criminal act. If you are found guilty of such an act, you will now have a criminal record and a fine of $1000 will be imposed.
In case of injury, the SAAQ does not pay compensation for a snowmobile/ATV accident
The SAAQ pays compensation for injuries caused on public roads by a car. Snowmobile and ATV accidents are therefore not covered by the SAAQ, even if registration fees are paid. The only exception concerns accidents involving a snowmobile and a car.
Causing injuries while driving an ATV or snowmobile while intoxicated can lead to charges!
Causing serious injuries or death while driving a recreational vehicle while intoxicated can lead to serious criminal charges. Again, the Criminal Code applies to everything that happens on the off-road trail.
Consequences of driving under the influence on an ATV or snowmobile?
Immediate suspension of the driver’s license
As soon as the arrest for drunk driving on a snowmobile, ATV or other off-road vehicle, the car driver’s license is suspended for 90 days.
The criminal charge for drunk driving
A criminal charge will be brought against the snowmobile driver if his blood alcohol level exceeded 0.08.
The criminal record
If the driver is found guilty of drunk driving, he will have a criminal record and will have to pay a fine of $1000. A repeat offense can even land him behind bars.
Driving prohibition
After being found guilty of drunk driving, a 1-year driving ban will be imposed. This will prevent him from driving his car, as well as his snowmobile and any other off-road vehicle.
And in case of recidivism, the consequences are even more serious!
A first recurrence leads to a 30-day imprisonment, while a second one lands the driver in jail for 120 days. This applies even if the first offense took place in a car or on a snowmobile.
Is the breathalyzer mandatory on board a recreational vehicle?
Since 2018, police patrolling the trails have the right to require an ATV or snowmobile driver to submit to a breathalyzer test. This breathalyzer is mandatory for the driver stopped by the police.
Drivers who refuse to comply may be charged with refusing to comply with a police officer’s order, which leads to even more serious consequences than drunk driving.
Accused of driving an ATV or snowmobile while intoxicated? Find a lawyer!
Were you intercepted while intoxicated on your snowmobile and are you facing criminal charges?
Don’t wait until it’s too late to find a solution! Fill out our form at the bottom of the page to get in touch with a lawyer specialized in drunk driving charges for free. Our service does not commit you in any way, so what are you waiting for to find the right professional to defend you?