Driving under the influence carries severe consequences in both Canada and Quebec, because drunk driving is both dangerous and illegal.
Facing a DUI charge can have serious consequences on your personal and professional life. You could suffer severe penalties, including fines, suspension of your driver’s license, installation of an alcohol ignition interlock device, and even imprisonment.
If you are charged with impaired driving, you have the right to defend yourself. You may need to hire an SAAQ lawyer to help you plead your case.
A lawyer who specializes in defending individuals accused of impaired driving can help you understand your rights and prepare the best possible defense.
What are the penalties for impaired driving?
There are several different possible penalties for impaired driving. You could be charged with driving with a blood alcohol concentration (BAC) over 80 mg per 100 ml of blood or refusing to comply with a police officer’s request. Depending on the type of charge, different penalties and costs may apply.
Fines and imprisonment
The Criminal Code and the Highway Safety Code set strict penalties for impaired driving. Sanctions vary depending on the detected BAC level and whether there are prior offenses.
Offenses related to a DUI arrest
- Driving while impaired
- Driving with a BAC equal to or greater than 80 mg/100 ml of blood (0.08%)
- Driving with a THC level equal to or greater than 5 ng/ml of blood
- Driving with a BAC equal to or greater than 50 mg/100 ml of blood and a THC level equal to or greater than 2.5 ng/ml of blood
- Refusing to provide a blood, saliva, or breath sample to law enforcement
Penalties for an impaired driving arrest
- First offense: Minimum fine of $1,000 and possible imprisonment
- Second offense: Minimum imprisonment of 30 days
- Each subsequent offense: Minimum imprisonment of 120 days
The judge can also decide to impose a harsher sentence. However, the maximum imprisonment for these types of offenses is 10 years. If you injure or kill someone in a car accident, the penalties will be more severe, ranging from 14 years to life imprisonment.
Additionally, repeat DUI offenses may result in imprisonment, an extended driving ban, and a lifetime ignition interlock device requirement for your vehicle.
Refusing to comply with a breathalyzer test
When a police officer has reasonable grounds to suspect impaired driving, they are authorized to request a breath sample for alcohol testing. This can happen at the scene of your arrest or later at the police station. If you refuse without a valid reason, you are committing a criminal offense.
Here are the potential penalties for refusing to comply with a police officer:
- Immediate license suspension: 90 days
- Fine: Minimum of $2,000
- Criminal record entry
- License revocation: 3 years
- Impaired driving risk assessment program
- Ignition interlock device for 2 years
Why hire a lawyer for a DUI charge?
When someone is accused of driving under the influence, it is highly recommended that they contact a specialized defense lawyer who understands the law and all procedures related to DUI arrests.
Your lawyer will begin by examining if the police officers complied with their legal obligations during your arrest. Additionally, your legal counsel will ensure that there were no infringements of your rights under the Canadian Charter of Rights and Freedoms.
Your SAAQ lawyer can also defend you if you have refused to comply with a breathalyzer test or a field sobriety test (FST).
Facing a DUI charge? Contact Bégin Avocat
If you believe you were wrongly arrested for impaired driving or that your rights were violated during the arrest, now is the time to consult an administrative lawyer!
A qualified professional can guide you through the legal process and help you explore defense strategies you may not have considered.
Whether you are looking for an SAAQ lawyer in Montreal or an SAAQ lawyer in Laval, contact our firm for any questions regarding a DUI charge.
Frequently Asked Questions
Can I challenge a positive breathalyzer test?
Yes. A criminal defense lawyer will analyze the conditions under which the tests were conducted and assess whether there were any procedural irregularities.
What should I do after a DUI arrest?
After an arrest, contact a lawyer immediately. You have the right to consult with a lawyer before making any statement to the police.
How can a lawyer minimize the penalties associated with a conviction?
They can advocate on your behalf to secure a reduced sentence or an alternative solution, such as an awareness program.
Will I be required to install an ignition interlock device after a conviction?
In most cases, yes, especially for a first offense with a BAC over 80 mg/100 ml of blood.
