Can I Get Arrested If I’m Under “0.08”?
Yes, although we often hear that it is legal to drive after drinking as long as you do not reach the alcohol concentration of 80 mg per 100 ml of blood, it is not true.
Indeed, if you are arrested and the police officer has reasonable motives to believe that your faculties were impaired by either alcohol and/or drugs, you could be arrested and face criminal charges.
Don’t know if you could get arrested? DUI Canada Law helps understand what is considered driving under the influence!
Who Has Tolerance Zero When Driving?
Some drivers will have tolerance zero when driving, meaning that if the breathalyzer detects alcohol, no matter the percentage, the driver will have certain consequences. This is the case of drivers under 22 years old or drivers with a learner’s licence (or probationary licence).
If you are in one of these situations and you are intercepted behind the wheel of a vehicle with any concentration of alcohol in your blood, you will face these consequences:
- A fine between $300 and $600,
- Immediate licence suspension for 90 days, and
- 4 demerit points.
Keep in mind that if you have a learner’s licence, your limit of demerit points is 4. Therefore, you will lose your licence.
Other people also have tolerance zero when it comes to alcohol, namely drivers of taxis, limousines, buses or minibuses. These people would get immediate suspension of the corresponding class for 24 hours.
Refusing To Take A Breathalyzer – Is It A Good Idea?
Some people think that it is a good idea to refuse to take a breathalyzer. After all, if you do not take it, the police will not know if you drank. However, this is never a good idea.
If you refuse to take a breathalyzer and obey an order from the police officer, the consequences are worse than if you had drunk. Therefore, the best thing to do is to take the test and to limit your interaction with the police officer until you call your attorney.
Looking for a lawyer? The DUI Canada Lawyer is there for you. All you need to do to fill out the form and we’ll take care of the rest for you!
What Are The Legal Consequences Of Drinking And Driving?
If you are arrested for DUI with an alcohol concentration of less than 0.08, the consequences will be more or less the same. The punishment will depend on whether it is your first, second or third offence.
1) First Offence
Upon arrest, your driver’s licence will be automatically suspended for a period between 24 hours and 90 days, depending on the situation. It is also possible that the police officer immediately seizes your vehicle for a period of 90 days.
Following a criminal conviction, the punishment will be harsher. Indeed, you might face all of the following:
- Prohibition from driving for at least one year,
- Revocation of your driver’s licence for a period between 1 and 3 years,
- Program to assess and reduce the risk of impaired driving
- Alcofrein program, and
- Mandatory alcohol ignition interlock device.
You will also have a criminal record, which comes with a list of long-term consequences. You will also have a mandatory fine with a minimum amount of $1,000.
2) Second Offence
If you are arrested a second time for driving under the influence in a period of 10 years, the consequences will be more severe. Although the consequences are the same upon arrest, the main difference will be that your vehicle will be automatically seized.
Following a criminal conviction, the judge will be allowed to impose the following punishments:
- Program to assess and reduce the risk of impaired driving,
- Prohibition from driving for a minimum period of two years,
- Licence revocation for at least 3 years,
- Imprisonment for a minimum period of 30 days,
- Prohibition from registering, acquiring, renting, or leasing a vehicle or putting a vehicle into operation under your name, and
- Alcohol ignition interlock device for life.
As for the interlock device, it will be possible to apply for its removal after 10 years if it is your only repeat offence.
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3) Third Offence
Finally, if it is your third offence in ten years, you will have similar punishments to those for the second offence. However, the minimum imprisonment period will be 120 days. It will not be possible to ask for the removal of the alcohol ignition interlock device.
How Much Is A First Offence Of Driving Under The Influence?
When you are arrested for the first time, you will have a minimum fine of $1,000. However, this is not the only amount that you will have to pay. Indeed, you also need to take into account:
- The cost related to your criminal record
- Your lawyer’s fee,
- Increased personal automobile insurance premiums, and
- The cost related to the use of an alcohol ignition interlock device.
You will have to bear other costs, such as court fees and the mandatory contribution to the crime victim’s compensation plan. In total, the amount should be around $3,000.
DUI Outside Québec – What Are The Consequences?
If you are arrested for driving under the influence outside the province of Québec, the punishments may follow you back home. Indeed, the province has agreements with Ontario, Maine and the State of New York.
Therefore, any offences leading to demerit points committed in those jurisdictions are directly entered on your driving record at the SAAQ, exactly as if they were committed in Québec.
DUI Canada Lawyer Helps You Find The Right Lawyer For You!
Even if we often hear about the 0.08 as the limit, you can also be arrested and charged for drinking under the influence no matter the amount of alcohol (or drug) you took. This limit is only a threshold where you will be arrested no matter what.
When arrested, you have the right to an attorney, meaning the police officer will have to let you call your attorney whenever it is possible. If you do not have a lawyer, DUI Canada Lawyer can help you.
Fill out the form below and we will find the right criminalist lawyer for you, entirely for free!