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Getting Your Driver's Licence Back after an Alcohol-Related Offence

Pierre was found guilty of impaired driving and the judge ordered him not to drive a vehicle for a year. His friend Maxime told Pierre that he could ask for a restricted licence that would let him to drive anyway.

What is a restricted licence? Who can get one? What are the rules on getting a new "regular" driver’s licence?

In this Infosheet, Éducaloi explains the rules on restricted licences and the steps, costs and timeframe involved in getting a new driver’s licence.

I was convicted for driving under the influence of alcohol. Can I still drive?

Not right away. Your conviction affected your right to drive in 2 ways:

1) When he convicted you, the judge ordered you not to drive a 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. The earliest you can ask for another one is at the end of the period the judge ordered you not to drive. If this is your 2nd or 3rd conviction in the past 10 years, the SAAQ will only give you a new driver’s licence after 3 or 5 years have passed.

However, during this period, you can get a special driver’s licence called a “restricted licence”. You don’t automatically get a restricted licence, and even if you get one, you must respect some limitations.

When can I apply for a restricted licence?

If it is your 1st conviction, you must wait 3 months to apply for a restricted licence. This licence lets you drive a vehicle equipped with an alcohol ignition interlock device.

If it is your 2nd conviction, you must wait 6 months to apply.

For any convictions after that, you must wait 1 year.

However, the judge can impose a longer waiting period than the 3, 6 or 12 months if he thinks this is appropriate in your case. The Criminal Code gives him the freedom to choose a longer waiting period. You can only apply for a restricted licence at the end of that period.

The judge can also decide that you shouldn’t be driving at all. This means a total prohibition on driving during the period of time he decides.

Also, even after the period ordered by the judge ends, the Société de l'assurance automobile du Québec (SAAQ) does not have to give you a new driver’s licence. Other rules apply. See the question “How do I get a new driver's licence if this was my first conviction ever, or my first in the last 10 years?”

What is a restricted licence?

There are many kinds of restricted licences. In this Infosheet, Éducaloi only deals with the restricted licence related to driving under the influence of alcohol. This restricted licence is designed specifically for people who have lost their regular licence because of an order under the Criminal Code forbidding them from driving.

A person with a restricted licence can only drive a vehicle equipped with an alcohol ignition interlock device. This device prevents the car from starting when alcohol is detected on the driver’s breath. The device must be approved by the SAAQ.

To request a restricted licence, you must rent an alcohol ignition interlock device from a government-approved supplier. Once you sign up for the rental, you can go to an SAAQ office with the rental contract made out in your name and pay the necessary fees for the licence.

What rules must I follow with a restricted licence?

A person with a restricted licence can only drive a vehicle equipped with an alcohol ignition interlock device.

On request, she 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 will cancel the restricted licence if the driver doesn't respect those conditions.

If you have a restricted licence and drive a vehicle without an alcohol ignition interlock device, you are considered to be driving without a licence, which is an offence

What if I need a driver's licence to work?

Even if you need a driver’s licence to work, you can only get a restricted licence if you meet all the requirements for this kind of licence. Also, the car you drive must be equipped with an alcohol ignition interlock device.`

For example, a patrolling police officer found guilty of driving while impaired would probably be reassigned to desk work. It is doubtful the officer would be able to drive for his work even if he got a restricted licence because a police force probably not install an alcohol ignition interlock device in a police car.

How do I get a new driver’s licence if this was my first conviction ever, or my first in the past 10 years?

You must wait for either the end of the prohibition period ordered by the judge, or the end of the period imposed by the SAAQ for your right to get a licence, if the SAAQ period is longer than the one ordered by the judge. For more on the SAAQ period, see the question “I was convicted for driving under the influence of alcohol. Can I still drive?”

You also have to undergo, at your own expense, an evaluation of your alcohol consumption habits at a centre for alcoholism and addiction.

If you pass the evaluation, you must successfully complete, at your own expense, an information and awareness program called Alcofrein, which is organized by the government. Only then can you ask for a driver’s licence without any restrictions.

On the other hand, if the first evaluation shows that your alcohol consumption habits prevent your from driving safely, you have to pay for and pass a more in-depth evaluation done by the Société de l’assurance automobile du Québec (SAAQ).

If you pass the in-depth evaluation, you can get a driver's licence. However, for 1 year your vehicle be equipped, at your expense, with an alcohol ignition interlock device.

If you fail the in-depth evaluation, you can still get a licence, but for a limited time, and the vehicle you drive must have an alcohol ignition interlock device.

Important! If your conviction is based on refusing to give a breath sample or on an offence committed while you were more than 2 times over the legal alcohol limit, see the question “How do I get a driver’s licence after a conviction for refusing to give a breath sample or for an offence committed while I had more than 160 mg of alcohool for each 100ml of blood?”

How do I get a new driver's licence if it was a second conviction or more in less than 10 years?

You must wait for the either the end of the prohibition period ordered by the judge, or the end of the period imposed by the SAAQ for your right to get a licence, if the SAAQ period is longer than the one ordered by the judge. For more on the SAAQ period, see the question “I was convicted for driving under the influence of alcohol. Can I still drive?”

After this, you have to undergo an in-depth evaluation at a centre for alcoholism and addiction.

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

On the other hand, if the evaluation shows you can drive safely, you can get a driver's licence. However, the vehicle you drive must still be equipped with an alcohol ignition interlock device, at your expense, for 2 years if this is your 2nd offence and for 3 years for every offence after that one.

Important! If your conviction is based on refusing to give a breath sample or on an offence committed while you were more than 2 times over the legal alcohol limit, see the question “How do I get a driver’s licence after a conviction for refusing to give a breath sample or for an offence committed while I had more than 160 mg of alcohool for each 100ml of blood?”

How do I get a new driver's licence after a conviction for refusing to give a breath sample or for an offence when I had more than 160 mg of alcohol for every 100 ml of blood?

You have never been convicted of an alcohol-related offence.

OR
You have been convicted before of an alcohol-related offence, but your alcohol level at that time was not more than 160 mg of alchohol for every 100 ml of blood.

Otherwise, for the rest of your life, you can only drive a vehicle equipped with an alcohol ignition interlock device. The SAAQ will give you a licence with this restriction.

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

Yes, you must pay all the expenses of getting a new licence. This will cost you at least $300 or $400, depending on whether you are a first-time offender or a repeat offender.

You must also pay $150 for the Alcofrein program you must follow. For an evaluation by a specialist in alcohol treatment, the fee is $600.

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

If you drive while your licence is suspended or cancelled and you don’t have a restricted licence, a few things could happen.

First, the police officer can seize your car on the spot for a period of 30 days. She can do this even if the vehicle belongs to someone else. The cost of towing and storage of the vehicle will be billed to the vehicle’s owner. This is why, if you lend your car, it is important to check with the SAAQ that the person borrowing it has a valid licence.

Secondly, driving while you are under an order not to drive is also a crime under the Criminal Code. The penalties under the Criminal Code are more serious than the ones described above. They can involve a prison sentence of up to 5 years. Also, it is likely the judge would make the period during which you cannot drive a motor vehicle much longer than normal.

Thirdly, driving without a valid licence is against the Highway Safety Code. The fine under this law is between $1,500 and $3,000, but does not involve a criminal record.

Useful Links :

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