Société de l'assurance automobile du Québec
Société de l'assurance automobile du Québec
Modes of Transportation

Drinking and Driving: Impairment and Consequences

Alcohol impairs your ability to drive as of the first drink. If you drink and drive, you are putting your life and the lives of others at risk, and you are also exposing yourself to serious legal consequences.

The effects of alcohol on driving

  • Increased risk-taking
  • False sense of security and control
  • Difficulty maintaining a constant speed
  • Difficulty concentrating
  • Slower reaction times
  • Sudden movements
  • Poor coordination
  • Drowsiness

You can be arrested if:

  • your blood alcohol concentration is equal to or over 80 mg of alcohol per 100 ml of blood (0.08)
  • your ability to drive is impaired by drugs or alcohol, even if your blood alcohol concentration is below 0.08
  • you refuse to obey the orders of a peace officer, such as the order to blow into an alcohol-screening device or to perform physical coordination tests
  • you have traces of alcohol in your blood when you are subject to the zero-alcohol rule

Legal consequences of drinking and driving

Below are some of the possible legal consequences of drinking and driving. This is only an overview and penalties may vary based on the number of offences and the blood alcohol concentration, among other things.

First offence

Penalties

 Highway Safety CodeCriminal Code
Upon arrest
  • Immediate licence suspension: 24 hours or 90 days (depending on the situation)
  • Immediate vehicle seizure and impoundment: 30 days 
 
Following a criminal conviction
  • Criminal record
  • Mandatory minimum fine of $1,000
  • Prohibition from driving for a minimum one-year period

In the case of a repeat offence within a period of 10 years, the penalties under the Highway Safety Code and the Criminal Code may include:

  • Upon arrest
  • Following the criminal conviction
    • Participation in the Program to assess and reduce the risk of impaired driving (PERRCCA) (website in French only)
    • Prohibition from driving for a minimum two-year period
    • Licence revocation: three or five years or longer (depending on the decision of the court)
    • Imprisonment
    • Prohibition from registering, acquiring, renting or leasing a vehicle, or putting a vehicle into operation under your name 
    • Alcohol ignition interlock device for life (possibility of applying for its removal after 10 years only in the case of a first repeat offence)

In the case of a second or subsequent repeat offence within a period of 10 years, the penalties under the Highway Safety Code and the Criminal Code include:

  • Upon arrest
    • Immediate licence suspension: 90 days
    • Immediate vehicle seizure and impoundment: 90 days
  • Following a criminal conviction
    • Prohibition from driving for a minimum two-year period
    • Licence revocation: three or five years or longer (depending on the decision of the court)
    • Imprisonment
    • Prohibition from registering, acquiring, renting or leasing a vehicle, or putting a vehicle into operation under your name
    • Alcohol ignition interlock device for life

Costs related to a first offence

  • $1,750 minimum, in addition to inconveniences and variable costs, such as:
    • a criminal record
    • lawyer's fees
    • costs related to the use of an alcohol ignition interlock device (which vary depending on the duration)
    • increased personal automobile insurance premiums
    • other costs such as court fees, a contribution to the crime victim’s compensation plan (IVAC), etc.

 

See the What the Law Says web page for a detailed description of costs and penalties.

Traffic offences you commit outside Québec follow you... back to Québec

Québec has entered into reciprocal agreements with Ontario, Maine and the State of New York.

Any offences leading to demerit points that you commit in those jurisdictions are entered on your driving record at the SAAQ, exactly as if those offences had been committed in Québec.

The zero alcohol rule applies to...

Drivers under 22 years of age
Learner drivers
Holders of a probationary licence

  • Immediate licence suspension for 90 days
  • The four demerit point bracket
  • Fine of $300 to $600

Drivers of a Taxi, Vehicle Comparable to a Taxi, Limousine, Bus or Minibus

Immediate suspension of the corresponding class for 24 hours

Care or control of a vehicle

The law not only prohibits impaired driving, but also having the care or control of a vehicle while impaired. Here are some situations that can have the same consequences as impaired driving:

  • sitting in the driver’s seat, even if the vehicle is stopped or broken down
  • being in the vehicle (even asleep on the back seat) and having the possibility of starting the engine
  • being near the vehicle, for example to brush snow off the car or put things in the trunk

The police officer will assess whether it was possible for the person to drive the vehicle and whether they intended to do so.

Refusal to obey a peace officer

Refusing to breathe into an alcohol-screening device or to undergo physical coordination tests automatically results in the stiffer penalties provided for under the Criminal Code and the Highway Safety Code.

Simple and effective alternative solutions

Only time can eliminate the effects of alcohol, so plan accordingly! To get around, you can:

Myths and facts

Do you think you know a fool-proof trick for rapidly lowering your blood alcohol concentration? Read about drinking and driving myths and facts.

Last update: January 13, 2026