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December 2005
What a Story... Red-nosed Rudy
Rudy is driving back home happily after her office holiday party. Everyone had a great time and the wine certainly flowed…all of a sudden, she sees a police car in her rearview mirror, signaling to pull over. Rudy starts worrying: Did she have too much to drink? Can she refuse to give a breath sample to the police? What’s going to happen to her?
While most people know to avoid alcohol before getting behind the wheel, things can often get out of control during the holiday season. Below, Éducaloi reviews what you need to know about the legal consequences of drinking and driving.
Can I be charged with a criminal offence even if I am under the legal limit of 0.08?
Yes. The offence of impaired driving occurs when a person drives a motor vehicle while her ability to operate the vehicle is diminished. It is not necessary to prove that the person’s blood alcohol content was over the legal limit. She may very well have respected the limit and still be convicted of driving while impaired by alcohol, drugs, medication, etc.
The evidence has to convince the judge that the driver was not able to operate the vehicle in a safe manner when stopped by the police.
What happens if I refuse to provide a breath sample on the roadside or at the police station?
It is a criminal offence to refuse to do the following, if you don’t have a legal reason for refusing:
- to provide a breath sample for a roadside screening test or breathalyzer test at the police station;
- to submit to a blood test;
- to follow the police so they can collect a sample.
The sentence for the above offences is the same as the sentence for impaired driving or driving while over the legal limit of 80 mg alcohol in 100 ml blood (see the next question).
If the evidence supports it, a driver can be convicted of impaired driving
and refusal to provide a sample. A person convicted of both crimes will receive a sentence for each of the offences.
What is the punishment for the offences of impaired driving, driving while over the legal limit, or refusal to provide a breath sample?
When a person pleads guilty or is found guilty of any of these offences, the Criminal Code provides that the following minimum sentences apply:
- First offence: A fine of at least $ 600 and a prohibition from driving for at least one year.
- Second offence: At least 14 days in prison and a prohibition from driving for at least two years.
- Each subsequent offence: At least 90 days in prison and a prohibition from driving for at least three years.
The maximum prison term for these offences is five years. The judge must take into account many factors when determining a sentence, including the circumstances surrounding the operation of the vehicle, the police intervention, whether an accident took place, any refusal to provide a breath sample, prior convictions and the recorded blood alcohol content, if applicable.
What other consequences flow from a conviction of impaired driving, driving over the legal limit, or refusal to provide a breath sample?
The judge will confiscate the driver’s licence immediately following the conviction (in the case of refusing to provide a breath sample, only if it’s established by the evidence that the person actually drove or had care and control of the vehicle). The person’s licence is revoked by the Société d’assurance automobile du Québec (SAAQ) and the right to obtain a new one is suspended for one year in the case of a first offence. If the person is convicted a second time within the following ten years, the suspension lasts for three years. For subsequent offences within ten years, the suspension lasts for five years.
Finally, as with all criminal offences, a conviction for any of these offences leads to a criminal record.
To find out more, read the following Infosheets:
Drinking and driving
Driving while impaired
