Driving Under the Influence: What are the Consequences of Drunk Driving?
Did a night of heavy drinking end in an arrest for driving under the influence of alcohol?
Such an offense is heavy with consequences. It can result in a suspension of the driving license and the imposition of a criminal record, so act quickly with a lawyer to defend yourself.
DrunkDrivingLawyers.ca has a network of lawyers specialized in driving under the influence and drunk driving cases.
We will present ALL the consequences related to such an accusation, and we will directly refer you to the right lawyers to represent you, with no commitment
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What constitutes a driving under the influence offense?
The offense of driving under the influence is provided in the Canadian Criminal Code.
And contrary to popular belief, such an offense can be committed even if the blood alcohol level is below the allowed limit (0.08), and it can also be caused by the effect of medication, drugs or a combination of substances.
Here is the definition of the offense provided in the Canadian Criminal Code!
| Impaired ability to drive 320.14 (1) Commits an offense anyone : a) drives a means of transportation while his ability to drive is impaired to any degree by the effect of alcohol or a drug or by the combined effect of alcohol and a drug; b) subject to paragraph (5), has, within two hours after the time he stopped driving a means of transportation, a blood alcohol level equal to or greater than eighty milligrams of alcohol per hundred milliliters of blood . |
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The blood alcohol content remains the central element of this offense!
In Canada, the allowed blood alcohol level is 80mg per 100ml of blood when a person drives their vehicle. The simple fact of proving that the driver had a blood alcohol level above the famous “0.08” is usually sufficient to obtain his conviction.
Since the legalization of cannabis, the law has also set scales to determine the amount of THC prohibited in the blood. A driver with between 2 and 5 nanograms of THC in the blood within 2 hours after driving could be found guilty of impaired driving, for example.
The Highway Safety Code also provides for consequences related to drunk driving! Indeed, the Criminal Code and the Highway Safety Code are the two laws that govern the offense of drunk driving and provide for its consequences.
See right here the different possible consequences of drunk driving!
Immediate consequences at the time of arrest
The offense of drunk driving is particular, in the sense that it produces immediate consequences, even before a criminal conviction has been rendered. These are administrative sanctions that are imposed by the SAAQ as soon as a driver is arrested by a police officer for drunk driving.
Here are the consequences that follow immediately after arrest for impaired driving!
Vehicle seizure
A driver who is arrested for a first drunk driving offense will not have his vehicle seized if his blood alcohol level is below twice the allowed limit (Less than 160mg/ml of blood).
In the case of a first offense, the vehicle will however be seized for 30 days if the driver’s blood alcohol level exceeds twice the allowed limit. And in the case of a repeat offense, the vehicle will instead be seized for 90 days, the towing and storage fees being at the driver’s expense.
Driver’s license suspension
As soon as the driver who exceeds the legal limit is arrested, the latter’s license is suspended for a period of 90 days. This suspension is firm, and it is impossible to obtain a restricted license or a breathalyzer starter during this period.
This is a first administrative suspension of the license, but a driving ban may be added to this consequence if the driver is found guilty.
Risk Assessment Program (SAAQ)
Some drivers may be compelled to undergo the Risk Assessment Program of the SAAQ. This program aims to assess the risk of recidivism of the driver and to evaluate his consumption habits as well as driving.
Passing this assessment may be required for some drivers who wish to recover their license after the 90 days of suspension. Generally, these are repeat offenders and drivers whose blood alcohol level was twice the limit who will be required to undergo such an assessment.
This assessment comes with fees, and can delay obtaining a new driver’s license from the SAAQ!
The consequences in the case of a criminal conviction
There are the administrative sanctions that apply as soon as the arrest is made, but there are also the criminal consequences that come into play once the guilty verdict is rendered. What should you expect if a judge finds you guilty of impaired driving?
Here are the consequences provided by the Criminal Code depending on the number of offenses on the driver’s record!
1st drunk driving offense
- Criminal record for the driver
- Minimum fine of $1000 (Between 80mg and 159mg of alcohol / 100ml of blood)
- Minimum fine between $1500 and $2000 (160mg of alcohol and more / 100ml of blood)
- Driving ban between 1 and 3 years
- Possibility of an alcohol ignition interlock
2nd drunk driving offense
- Minimum imprisonment of 30 days
- Driving ban up to 10 years
- Possibility of an alcohol ignition interlock
3rd drunk driving offense
- Minimum imprisonment of 120 days
- Minimum driving ban of 3 years
- Absolute driving ban of 6 months
- Possibility of an alcohol ignition interlock (after the firm ban of 6 months).
The criminal driving ban
The Criminal Code provides for a 1-year driving ban for anyone found guilty of impaired driving. Repeat offenses can even result in a lifetime driving ban!
However, it is necessary to distinguish the driving ban from the absolute ban. During a “simple” driving ban, the driver has the opportunity to apply for a restricted license by installing an alcohol ignition interlock, which allows him to use his vehicle legally.
Obtaining such a restricted license is however not possible when the driving ban is absolute. During this period, the driver cannot use his vehicle under any pretext.
The costs to expect in case of an impaired driving offense
Your driving record and your criminal record will both suffer from your drunk driving offense. However, know that your wallet will suffer just as much from this situation, as being charged with such an offense comes with significant costs.
Drunk driving therefore comes with criminal consequences, but also financial ones – here is an overview of the costs involved!
| Towing of the car | $125 to $170 |
|---|---|
| Vehicle storage | $25 / day |
| SAAQ risk assessment | Summary: $300 Complete: $710 |
| Ticket 1st offense (Minimum fine) | $1000 |
| Ticket (Blood alcohol level twice the limit) | $1500 to $2000 |
| Ticket (Refusal to blow or comply) | $2000 |
| Alcofrein Program | $150 |
| Ethylometer Ignition Interlock | Installation: $50 Monthly fees: $61 |
| Obtaining a new driver’s license (SAAQ) | $363 to $482 |
| Lawyer’s fees | About $1000 |
| Total fees | Between $5500 and $6100 |
Several factors can increase the costs associated with drunk driving!
Recidivism, aggravating factors, the number of hours your lawyer spends on your case and whether or not the vehicle is seized will all have a direct impact on the total amount of fees related to resolving your case.
FAQ - Frequently asked questions about the consequences of drunk driving!
What is an alcohol ignition interlock device?
The alcohol ignition interlock device is installed in the vehicle and requires the driver to blow into the device to start the engine. As this device detects the blood alcohol level, the driver must have no trace of alcohol in his system to start the vehicle.
Who is the alcohol ignition interlock device for in Quebec?
The alcohol ignition interlock device is for drivers who are subject to a driving ban, but wish to benefit from a restricted license in order to regain the right to drive. The installation of an interlock device is the condition imposed for granting the restricted license.
What is the impact of drunk driving on your car insurance?
Being convicted of drunk driving has the effect of increasing premiums. An insurer may also refuse to cover you if they judge that your risk level is too high.
Is it possible to obtain an absolution for a drunk driving offence?
The offence of impaired driving is subject to a minimum penalty. It is therefore not possible to obtain absolution for this offence. Only acquittal can allow you to avoid a legal sanction and a criminal record.
Will you be able to obtain a restricted license during the 90-day suspension period imposed by the SAAQ?
No, obtaining a restricted license is not possible during the 90-day suspension period, as this is an absolute suspension. A driver may apply for a restricted license after this period, unless they are subject to a longer absolute ban imposed by the court.
Find a lawyer to defend you against a drunk driving charge!
A hefty fine, license suspension and a criminal record… these are just a few of the adverse consequences of a drunk driving offence.
The good news is that there are defenses to fight a charge of impaired driving, and all you need to do is find a qualified lawyer to implement them.
DrunkDrivingLawyers.ca is THE resource you need to defend yourself.
By filling out our form, we ensure a quick, free and no-obligation connection with a lawyer near you.
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