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New drivers and alcohol
When it comes to new drivers and alcohol, the law is simple and severe. If you hold a learner’s permit or probationary licence, you cannot have a trace of alcohol in your blood while driving. This means that new drivers cannot drink any alcoholic beverage and then drive. The rule is commonly called “zero tolerance” and breaking the rule can result in heavy penalties.

In this Infosheet, Éducaloi explains the zero tolerance rule and the consequences of breaking it.
New drivers are people who are learning to drive and people holding probationary licences.

To hold a learner’s permit, you need to pass the theoretical exam offered by the Société de l’assurance automobile du Québec. This permit allows the person learning to drive to practice, while accompanied by a driver with at least 2 years’ driving experience and a valid driver’s licence. This person also has to be able to advise and help the new driver.

To obtain a probationary licence, one must pass the practical exam offered by the Société de l’assurance automobile du Québec. Before being able to take the practical exam, the person must have held a learner’s permit for at least eight months, if he took courses at a recognized driving school, or 12 months if he didn’t.

The probationary licence is valid for 24 months or until the new driver is 25 years old. Next, the new driver can obtain an “ordinary” licence.

Remember, new drivers 25 years or older can obtain a full licence directly, without having to first get a probationary licence.
Whether you have a learner’s permit or a probationary licence, the law prohibits you from driving with even the slightest amount of alcohol in your body.

This measure is called the "zero tolerance" rule. It was adopted in light of the dangers of alcohol consumption by new drivers who have not yet honed their driving skills. It also aims to reduce the number of accidents involving new drivers.
Yes. An officer who has reason to suspect the presence of alcohol in the body of any driver can order the driver to provide a breath sample. This is analysed using an approved detection apparatus. The officer can also oblige you to follow him to the police station and submit to an alcohol test. Refusing to undergo these tests without a reasonable excuse is a criminal offence.
Whether new or experienced, any driver who drives with more than 80 mg of alcohol per 100 ml of blood or who drives while impaired commits an offence under the Criminal Code.

Plus, a new driver who drives with any alcohol in her system commits an offence under the Criminal Code, even if she hasn’t consumed enough to be accused of impaired driving or having more than 8 mg per 100 ml of blood. If convicted, the new driver could face a fine of between $ 300 and $ 400, and 4 demerit points are automatically put in the driver’s file. This means that the driver’s licence is revoked. The police can also suspend the licence on the spot, for a period of 30 days.
Yes, it is possible to obtain these permits again.

If convicted under the Highway Safety Code, your probationary licence or learner’s permit is suspended for 3 months. You have to wait until this time period is over before applying for a new permit from the SAAQ.

The revocation will prolong the time that a new driver must wait before being able to ask for a probationary licence. In the case of a new driver who already has a probationary licence, it will add to the 24 months needed before obtaining an ordinary licence.

For example, Derek has had a probationary licence for 16 months. He only has eight months before being able to obtain an ordinary licence. If his licence is revoked for three months and at the end of this time he applies for a new licence, he will still have eight months (and not five) before being able to get his ordinary licence.

In the case of a conviction under the Criminal Code, the waiting periods are much longer and the conditions for obtaining a new licence are more complex.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professionnal.
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