Impaired Driving

What is impaired driving?

Under section 320.14 of the Criminal Code, impaired driving occurs when a person operates a vehicle while their ability to drive is affected by alcohol, drugs, or both.

There are several ways the offence canbe committed:

Driving while impaired byalcohol or drugs;
Having a blood alcoholconcentration of 80 mg or more within two hours of driving;
Having a prohibited level ofdrugs in the body;
Having a combination of alcoholand drugs over the legal limit.

Importantly, the law applies even if you are tested after driving.

Key elements the prosecution must prove

To obtain a conviction, the prosecution must prove beyond a reasonable doubt that:

Driving or Control

You were driving or had care or control of a vehicle

Impaired Ability

Your ability to drive was impaired by alcohol or a drug, even slightly

Exceeding Legal Limit

Or your blood alcohol/drug level exceeded the legal limit.

The courts have confirmed that any degree of impairment — even minimal — can be enough to support a conviction.

What does “Care or Control” mean?

You do not need to be driving to be charged. You can be found guilty if you had care or control of a vehicle while impaired — for example:

Sitting in the driver’s seat with the keys;
Being in a position to start or move the vehicle.

However, there must be a realistic risk of danger, not just a theoretical possibility.

Real-life example

For example, a person leaves a bar after drinking and decides to sleep in their car. They sit in the driver’s seat with the keys in their possession.

Even if the vehicle is not moving, this situation can still lead to a charge of impaired driving based on care or control, depending on whether there was a realistic risk that the vehicle could be put in motion.

Penalties for impaired driving

The penalties are strict and increase with repeat offences:

First Offence

Minimum $1,000 fine
Higher fines if blood alcohol level is elevated (up to $2,000)

Second Offence

Minimum 30 days in jail

Third Offence or More

Minimum 120 days in jail

Maximum Penalty

Up to 10 years imprisonment

Additional consequences include:

Criminal record;
Driving prohibition;
Impact on employment and travel.

SAAQ consequences (Quebec)

In addition to criminal penalties, the Société de l’assurance automobile du Québec (SAAQ) imposes administrative sanctions that are often just as impactful. According to the sanctions table:

First Offence

Licence suspension of 1 year
Possibility of driving with an ignition interlock device after a certain period
In some cases, mandatory assessment and extended interlock requirement

Second Offence

Licence suspension of 3 years
Mandatory ignition interlock device, potentially for life (with possible review after 10 years)

Third Offence

Licence suspension of 5 years
Lifetime ignition interlock device, often without possibility of review

Additional immediate consequences may include:

90-day licence suspension at the time of arrest
Vehicle seizure (30 to 90 days depending on circumstances and prior record)

These administrative penalties apply independently from the criminal court process.

Important Legal Nuances

The offence is preventive in nature — it aims to stop dangerous situations before harm occurs.
The prosecution must prove that alcohol or drugs actually caused the impairment.
You can be charged even if your driving appeared normal, if other evidence shows impairment.

Why legal representation matters

Impaired Driving Cases often Involve Technical Evidence, including:

Breathalyzer results;
Police observations;
Timing of consumption;
Constitutional rights issues.

A criminal defence lawyer can

challenge the legality of the stop or arrest;
analyze the reliability of breath or blood tests;
assess whether impairment was properly proven;
identify Charter violations that may lead to exclusion of evidence.

Facing an impaired driving charge?

If you are accused of impaired driving in Montreal, Laval, Gatineau or elsewhere in Quebec, acting quickly can make a significant difference. A strong, strategic defence can help protect your record, your licence, and your future.

Contact Lesperance Avocats

Do you have questions? Are you looking for criminal lawyers who accept legal aid mandates? Contact us now!

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