La loi vos droits

Drivers

Reapplying for a Driver’s Licence

Pierre was found guilty of impaired driving and the judge ordered him not to drive a vehicle for a year. His friend Maxime told him that he could ask for a restricted licence that would allow him to drive anyway. What is a restricted licence? Who can get one? What conditions must be met to get a new driver’s licence issued?

In this Infosheet, Éducaloi explains what a restricted licence is, how to get one and the steps, costs, and delays involved in getting a new driver’s licence issued.

I was convicted for driving under the influence of alcohol. Am I still allowed to drive?

No. At least not right away. Your conviction had 2 consequences on your driving prospects:

1) When he convicted you, the judge ordered you not to drive any motor vehicle for a certain amount of time:

• 1 to 3 years for a first conviction;
  
• 2 to 5 years for a second conviction;
  
• At least 3 years for any other convictions after the 2nd one.

2) The Société de l’assurance automobile du Québec (SAAQ) cancelled your driver’s licence and you are not allowed to ask for another one for at least as long as the judge ordered you not to drive. If this is your 2nd conviction in 10 years, the SAAQ will not issue you a new driver’s licence before 3 years have passed. If this is your 3rd conviction, you will not be issued a new driver’s licence before 5 years have passed.

Although you can’t get a regular driver’s licence issued to you during that time, it is possible for you to obtain a special driver’s licence called a “restricted licence”. With this licence, you can start driving again 3 months after your conviction for a 1st conviction, 6 months after your conviction for a 2nd conviction, and a year after your conviction for any other convictions after that one.

You don’t automatically get a restricted licence issued to you. It does not allow you to do whatever you want and you must meet all of the conditions attached to having a restricted licence, explained in the following questions of this Infosheet.

When can I apply for a restricted licence?

Following your first conviction, you must wait 3 months in order to apply for a restricted licence. This licence allows you to drive a vehicle equipped with an alcohol ignition interlock device. You must wait 6 months, if this is your second conviction, and a year, for subsequent convictions.

The judge may find that the facts before him call for a longer waiting period than the regular waiting period of 3, 6, or 12 months. If that is the case, the Criminal Code gives him the leeway to choose a longer waiting period that's more suitable. At the end of that waiting period, you can apply for a restricted licence.

The judge also has the authority to decide that you shouldn’t be driving at all during the period of time set out in his sentence that forbids you from driving. If that is the case, the sentence that forbids you from driving must end so that you can apply for a restricted licence.

The fact that the sentence forbidding you from driving is over does not mean that the Société de l'assurance automobile du Québec (SAAQ) has to issue you a new driver’s licence. Other rules apply. See the question “What must I do to get a new driver's licence issued if this was my first conviction in the last 10 years?”

What is a restricted licence?

There are many different kinds of restricted licences. In this Infosheet, Éducaloi only deals with the restricted licence associated with driving under the influence of alcohol. This restricted licence is designed for individuals who have lost their licence because of an order made by the judge under the Criminal Code forbidding them from driving.

Driving is allowed on the condition that the person's vehicle have an alcohol ignition interlock device installed. This device prevents the car from starting when the presence of alcohol is detected on the driver’s breath. The device must be approved by the SAAQ.

In order to request a restricted licence, you must personally rent an alcohol ignition interlock device from a government-approved provider. Once you sign up for the rental, you can go to one of the offices of the SAAQ with the rental contract made out in your name. There, you can request a restricted licence and pay the necessary fees.

What rules must I follow if I am issued a restricted licence?

A person who obtains this kind of licence can only drive a vehicle equipped with an alcohol ignition interlock device.

That person must provide the information collected by this device to the SAAQ. The SAAQ decides what conditions apply to the use of the device, and it can cancel the restricted licence if the holder fails to respect those conditions.

If you are the holder of a restricted licence and you drive a vehicle without an alcohol ignition interlock device, you are considered to be driving without a licence – which is an offence.

I was convicted for drunk driving and my licence was cancelled. I need to drive to earn a living. What can I do?

The restricted licence for work purposes (another kind of restricted licence under the Highway Safety Code) is not given to the driver whose licence was cancelled due to a criminal conviction.

You can only obtain the restricted licence that allows you to drive a vehicle equipped with an alcohol ignition interlock device. However, this kind of licence may not solve the work related problems that you may face.

For example, a police officer found guilty of impaired driving will probably be assigned to administrative duties. The officer won't be able to drive a vehicle for work even if he has a restricted licence, because it's unlikely that the police would agree to install an alcohol ignition interlock device in a police car.

What must I do to get a new driver’s licence issued if this was my first conviction in the last 10 years?

The judge's order forbidding you from driving must have ended. Then, you must successfully complete an education program called Alcofrein at your own cost. The program is given by the government. It is aimed at raising a driver’s awareness of the problems involved in consuming drugs and alcohol.

You also have to submit to an evaluation of your alcohol consumption habits at a centre for alcoholism and addiction called a "summary assessment". If you pass the summary assessment, you can ask for your licence.

On the other hand, if the summary assessment shows that your alcohol consumption habits compromise your ability to drive safely, you have to undergo a more detailed evaluation called a "comprehensive assessment".

If you pass the comprehensive assessment to the satisfaction of the Société de l’assurance automobile du Québec (SAAQ), you can obtain a driver's licence, but on the condition that your vehicle be equipped for one year (at your cost) with an alcohol ignition interlock device, which prevents the car from starting if it detects alcohol on your breath.

If you fail the comprehensive assessment, you can still obtain a licence, but for a limited time. Also, the vehicle that you drive must have an alcohol ignition interlock device.

What must I do to get a new driver's licence issued if I was previously convicted of driving under the influence in the last 10 years?

All the waiting periods must be over: the order not to drive imposed on you by the judge and the delay set on your right to ask for a new licence imposed by the Highway Safety Code. After this, you have to undergo a comprehensive assessment in a centre for alcoholism and addiction.

If the comprehensive assessment reveals that your alcohol consumption habits prevent you from driving safely, you can only obtain a licence for a limited time. Also, any vehicle that you drive must be equipped with an alcohol ignition interlock device.

On the other hand, if you pass this comprehensive assessment, you can obtain a new driver's licence. The vehicle that you drive must still be equipped with an alcohol ignition interlock device - for two years if this is your second offence, and for three years for every offence after that one.

Do I have to pay for a new driver’s licence?

You must pay all expenses involved in obtaining a new licence. The minimum cost is between $300 and $400, depending on whether you are a first-time offender or a repeat offender.

You must also pay $150 for the mandatory Alcofrein program and $600 for an evaluation by a specialist in alcohol treatment (expect to wait six (6) to nine (9) months for the appointment for evaluation).

What happens if I get caught driving while my licence is cancelled?

If the police catch you driving while your licence is cancelled, and without a restricted licence, the officer can seize your vehicle for 30 days, even if the vehicle belongs to someone else. The fees for towing and storing the vehicle will be billed to the vehicle’s owner. So before lending out your car to someone, you might want to check with the SAAQ that this person has a valid licence!

It is an offence under the Criminal Code to drive while the judge ordered you not to. Driving while your licence is cancelled is also an offence under the Highway Safety Code.

A criminal conviction for this offence can lead to a fine or a prison sentence. The conviction is added to your criminal record. The judge can also decide to lengthen his order forbidding you from driving.

You can receive a fine under the Highway Safety Code if you drive while your licence is cancelled. The fine in that case is between $ 1500 and $ 3000, but it does not lead to a criminal record.

In any case, you cannot be convicted for both offences at once.

Useful Links :

1. Société de l’Assurance Automobile du Québec (SAAQ) website  [http://www.saaq.gouv.qc.ca/en/driver_licence/index.html]