Guilty of drunk driving: how to keep your driving license?
The revocation of the driving license is a direct consequence of drunk driving.
Having the right to drive taken away can greatly impact your daily commutes, and even jeopardize your job stability. So how do you keep your license and your right to drive after a drunk driving offense?
That’s what duicanada.lawyer explains in detail right here.
Find out how to keep your license despite your conviction for impaired driving, and fill out our form to get in touch for free with a criminal lawyer specialized in the field.
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What happens with the driving license and the vehicle in case of drunk driving?
From the moment of the arrest for impaired driving, the driver’s license is suspended.
Indeed, this is a 90-day administrative suspension that applies automatically, and to all drivers arrested for drunk driving. Even drivers who are on their first offense will be subject to this suspension, and this, even before a verdict of criminal guilt is rendered.
Your vehicle can also be SEIZED during an arrest for drunk driving - Here are the situations that will justify the seizure of the driver’s vehicle.
| First offense (Blood alcohol level below 80mg/100ml) | No vehicle seizure |
|---|---|
| First offense (Twice the permitted alcohol limit) | Vehicle seizure for 30 days |
| Repeat drunk driving offense | Vehicle seizure for 90 days |
The license is suspended for 90 days automatically, upon arrest.For a first drunk driving offense, if the person is found guilty, a1-year driving ban will also be applied under the Criminal Code and Road Safety Code.
And it is during this prohibition period that it will be possible to apply for a restricted license!
90-day license suspension: an unavoidable consequence!
During the 90-day license suspension period, it is not possible for the driver to obtain a restricted license.
The 90-day administrative suspension is considered an absolute ban on driving. The fact of needing your vehicle for your job or for any other important reason does not change anything. The driver is required to respect the suspension of his license for 90 days.
The only possibility to retain his driving rights during this period involves going to the Administrative Tribunal.
This step involves hiring a lawyer to contest the license suspension imposed by the SAAQ in court. The success rate of such an approach is however very limited, and that is why few drivers attempt this approach.
How to lift the license suspension after 90 days?
For a 1st drunk driving offense, the license automatically becomes valid again after 90 days!
The automatic lifting of the suspension will only apply if the driver’s blood alcohol level was below twice the permitted limit of alcohol in the blood (less than 160mg/100ml of blood). A driver whose blood alcohol level exceeds twice the limit will have to submit to the SAAQ’s risk assessment and reduction program.
And as for a repeat offense, and if the blood alcohol level exceeds twice the permitted limit, you must follow a few steps before driving again after the 90-day suspension.
Here are the steps to follow to lift the 90-day suspension for drivers who are not entitled to automatic lifting.
- Letter from the SAAQ summoning you to the Risk Assessment Program
- Partial risk assessment by the SAAQ
- Decision of the SAAQ (Maintenance or lifting of the suspension)
- Complete assessment by the SAAQ (If necessary)
- New decision by the SAAQ (Maintenance or lifting of the suspension)
At each of these stages, a lawyer specializing in drunk driving matters can help you lift the suspension of your license.
duicanada.lawyer is THE reference for finding a competent lawyer in the field!
Criminal conviction for drunk driving and revocation of the license
Obtaining a restricted license means that your license has been revoked following a guilty verdict rendered against you. Before this verdict, your license had only been suspended by the SAAQ, whether for 90 days or for a longer period, depending on the case.
Being found guilty in a criminal court has the effect of revoking your license, and imposing a driving ban. This driving ban is 1 year for a first drunk driving offense, and it is during this prohibition period that it is possible to apply for a restricted license.
Obtaining a restricted license is therefore the best way to maintain your right to drive after a drunk driving offense.
What is a restricted driving license for drunk driving in Quebec?
A guilty verdict for a drunk driving offense has the effect of revoking the driving license, and therefore the right to drive… To continue driving despite this verdict, it is necessary to apply for a restricted license to the SAAQ.
Who is the restricted driving license for and how to get it?
The restricted license allows individuals guilty of a drunk driving offense to drive vehicles equipped with an alcohol interlock device. Drivers whose license is already subject to a sanction and learner drivers are however not eligible for the restricted license.
When such a license is granted in matters of drunk driving, the installation of an alcohol interlock device is a mandatory condition imposed by the SAAQ. The installation of the device is entirely at the driver’s expense.
What are the steps to obtain a restricted license?
Here are the main steps to follow to obtain a restricted license in a drunk driving situation!
- Wait for the end of the absolute driving ban
- Sign a service agreement for an alcohol interlock device
- Present the contract to the SAAQ and pay the fees
- Have the alcohol interlock device installed by Smart Start
- Comply with all conditions associated with the restricted license
The restricted license is not a privilege granted to everyone, and the SAAQ can determine that a driver is not eligible.
The services of a lawyer can therefore be retained to challenge such a decision in order to obtain a restricted driving license despite your conviction for drunk driving.
Risk Assessment Program and Alcofrein: what you need to know!
A person who is arrested for drunk driving may be required to undergo a risk assessment by the SAAQ.
The Impaired Driving Risk Assessment and Reduction Program (PERRCA) aims to assess the drinking and driving habits of the offender.
A summary assessment may be required, which only lasts a few hours. However, a driver who fails this summary assessment will have to undergo a complete assessment which can last between 7 and 9 months.
The driver may also be required to follow the AlcoFrein program before recovering his driving license.
This is a 3-hour session during which the driver is instructed on the consequences of drunk driving, on the myths related to this offense, and on good habits to adopt in terms of alcohol consumption and driving.
Following these programs can be a condition imposed by the SAAQ to authorize the granting of a restricted license or to lift the suspension of a license. The failure rate in the PERRCA program is however very high, and it may be wise to consult a lawyer before submitting to it.
Will you have to install an alcohol interlock device? The costs to expect!
The installation of an alcohol interlock device is an integral part of obtaining a restricted license. And in Quebec, it is the company Smart Start that installs these alcohol detection devices.
The installation of an interlock also comes with fees to be paid - here is an overview!
| Installation cost | 50$ + tx |
|---|---|
| Monthly fee | 61$ + tx |
| Total cost for 1 year | 782$ + tx |
| Removal of the immobilizer | Free of charge |
| Recovering your driver’s license | 300$ to 400$ |
An immobilizer will generally be imposed on the driver for a period of 1 year. This implies that for a whole year, the driver will not be able to drive any other vehicle than those equipped with an alcohol detection immobilizer.
You should also expect that car insurance costs will be higher following a conviction for drunk driving!
Obtaining a restricted license comes with conditions to respect!
Getting a restricted license allows you to keep the right to drive, but not under any conditions. The fact of flouting the limits imposed by the restricted license and the breathalyzer immobilizer can have heavy consequences.
Here are the criteria and conditions to respect with a restricted license in hand!
-
Do not consume alcohol before driving
-
Respect the periodic maintenance of the immobilizer
-
Do not attempt to deceive the immobilizer
Are you trying to bypass the breathalyzer immobilizer? BEWARE of the consequences!
Attempting to outsmart an immobilizer by having someone else blow, for example, can lead to heavy fines, and even to criminal charges for driving during a prohibition period.
Would you like to receive advice from a lawyer to keep your right to drive despite your conviction?
Contact duicanada.lawyer to be referred to the best professionals in the field of impaired driving!
Consult a lawyer to keep your right to drive!
Do not let a misstep deprive you of the right to drive.
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