Charged With Impaired Driving or 'Over 80' in Quebec? Two Cases Just Started at Once.
An impaired-driving arrest in Quebec sets off two separate proceedings the same night — a criminal charge under the federal Criminal Code (s.320.14), prosecuted by the Director of Criminal and Penal Prosecutions (DPCP) in the Court of Québec, and an immediate 90-day administrative licence suspension imposed by the Société de l'assurance automobile du Québec (SAAQ) under the provincial Highway Safety Code before you ever see a judge. Most people don't realise the SAAQ suspension takes effect at the roadside, regardless of how the criminal case turns out — and that a separate vehicle seizure can be triggered on top of it in certain cases. You don't have to untangle this alone. When you call our free line, an AI assistant gives you a calm, plain-English answer about what each track means and what to do first, in English or in French, and you can ask as many questions as you like. This is legal information to orient you — not legal advice, and no lawyer-client relationship is formed. The line is live now across Canada, including Quebec — just call.
Free legal information. Not legal advice. Available 24/7 across Quebec.
Impaired Driving in Quebec — what to do right now
Understand the two tracks first. (1) The criminal charge — 'impaired operation' or 'over 80' under Criminal Code s.320.14 — is federal law applied in the Court of Québec, prosecuted by the DPCP, and a conviction brings a mandatory minimum $1,000 fine and a one-year national driving prohibition even on a first offence. (2) The provincial side is automatic and immediate: under Quebec's Highway Safety Code the SAAQ imposes a 90-day administrative licence suspension at the roadside the moment you register 0.08 or higher, fail the test, or refuse — before any trial, and it runs no matter what later happens in court. A vehicle seizure is separate and conditional: a first-offence seizure is generally triggered by a very high reading (160 mg or more — twice the limit) or a refusal, and a 90-day seizure applies to repeat offenders within 10 years or driving while already prohibited — it is not automatic on every first 0.08 reading. Quebec also enforces a strict 0.00 BAC zero-tolerance rule on drivers 21 and under and on all learner and probationary licence holders. Our free line will walk you through both tracks. Call now and ask as many questions as you like.
The law in Quebec: Impaired Driving
Impaired driving in Canada is federal criminal law, uniform across every province and territory, but it is prosecuted and policed inside Quebec's own court and licensing systems — so the law that convicts you is national while the licence and vehicle consequences are provincial. The governing offence is Criminal Code section 320.14(1), modernised by Parliament in December 2018. It creates four ways to be charged: (a) operating a conveyance while your ability is impaired to any degree by alcohol or a drug; (b) being 'over 80' — having a blood-alcohol concentration of 80 mg of alcohol in 100 mL of blood or more within two hours of driving; (c) being over the prescribed blood-drug concentration; and (d) being over a combined alcohol-and-drug limit. Each is a separate offence, and the Crown commonly lays both 'impaired' (a) and 'over 80' (b) from the same arrest. In Quebec these federal charges are prosecuted by the Director of Criminal and Penal Prosecutions (the DPCP) in the criminal and penal division of the Court of Québec.These are hybrid offences — the prosecution chooses to proceed summarily or by indictment — and most first-time cases are heard in the Court of Québec. On a first conviction the Criminal Code sets a mandatory minimum $1,000 fine, rising with the breath reading: at least $1,500 if your BAC was 120–159 mg, and at least $2,000 if it was 160 mg or higher, or for a test refusal under s.320.15. A second conviction carries a minimum 30 days in jail; a third or subsequent, a minimum 120 days. Where the Crown proceeds by indictment, the maximum is 10 years' imprisonment. A conviction also triggers a mandatory federal driving prohibition — at least one year for a first offence, two years for a second, and three years for a third — that bans you from driving anywhere in Canada.
Running alongside the criminal charge is Quebec's own administrative scheme under the Highway Safety Code (chapter C-24.2), administered by the SAAQ, which does not wait for a court. The moment you fail or refuse a roadside test — a BAC of 0.08 or higher, a failed sobriety or drug-recognition evaluation, or a refusal — the SAAQ imposes an immediate 90-day administrative licence suspension on the spot. The 90-day suspension is the standard consequence on a first arrest at or above the criminal threshold, and it runs regardless of how the criminal case is later resolved.
A vehicle seizure is a separate, conditional consequence — not an automatic part of every first 0.08 reading. Under the Highway Safety Code the SAAQ seizes and impounds the vehicle for 30 days where a driver is caught with a BAC of 160 mg or more (twice the legal limit) on a first offence, and for 90 days for a repeat impaired-driving offence within 10 years, for driving while already prohibited or suspended, and in certain refusal cases. The seizure applies to the vehicle the person was driving even if it belongs to someone else, and the costs of towing and storage fall on the driver. Below the criminal threshold, Quebec's distinctive zero-tolerance rule sets the limit at 0.00 — no alcohol at all — for every driver aged 21 and under and for all learner and probationary licence holders; being caught with any alcohol in those categories brings an immediate short suspension, a fine and demerit points, separately from the criminal regime.
After a criminal conviction the SAAQ revokes the licence for a longer period and adds its own reinstatement requirements. To drive again you must complete an alcohol-and-driving assessment of your relationship with alcohol or drugs (the Alcofrein awareness program, and a fuller assessment by an accredited body where required), have an approved alcohol ignition interlock device — the antidémarreur éthylométrique — installed at your own cost, and satisfy the SAAQ's reintegration ("réintégration") conditions before a full licence is restored. The interlock requirement commonly runs for one to three years, and longer for repeat offenders. None of this is automatic — you have to apply and complete each step — and a criminal record for impaired driving can affect employment, insurance, immigration status, and the ability to enter the United States.
Key Law (federal Criminal Code)
- Criminal Code s.320.14(1)(a) — impaired operation: ability impaired to any degree by alcohol or a drug
- Criminal Code s.320.14(1)(b) — 'over 80': BAC of 80 mg per 100 mL of blood or more within two hours of driving
- Criminal Code s.320.14(1)(c)/(d) — over the prescribed blood-drug limit, or a combined alcohol-and-drug limit
- Criminal Code s.320.15 — failure or refusal to comply with a breath, blood or sobriety-test demand (a separate offence)
- Criminal Code s.320.19 — mandatory minimum fines ($1,000 / $1,500 / $2,000) and escalating jail terms (30 / 120 days); 10-year maximum on indictment
Provincial Law & Agencies (Quebec)
- Highway Safety Code / Code de la sécurité routière (chapter C-24.2) — the provincial administrative regime
- SAAQ (Société de l'assurance automobile du Québec) — imposes the 90-day administrative suspension, runs vehicle seizure, assessment and reinstatement
- DPCP (Director of Criminal and Penal Prosecutions) — prosecutes the federal Criminal Code charge in Quebec
- Court of Québec (criminal and penal division) — hears most impaired-driving and 'over 80' charges
- Alcofrein / antidémarreur (ignition interlock) — the mandatory awareness program and interlock conditions before reinstatement
The Deadlines & Clocks People Miss
- 🚨 Roadside — the SAAQ's 90-day administrative licence suspension takes effect immediately, before any trial
- Conditional seizure — a 30-day vehicle seizure can be added on a first arrest if your BAC is 160 mg or more, or on a refusal
- First court date — your release paperwork or summons sets your first Court of Québec appearance; attendance is mandatory
- 10-year look-back — a prior impaired offence within 10 years escalates the criminal penalty and triggers a 90-day seizure
- Two-hour rule — 'over 80' looks at your BAC within two hours after you stopped driving, not only at the wheel
The 90-Day Suspension That Starts Before You See a Judge
Here is what blindsides almost everyone: in Quebec your licence is gone the same night, long before any finding of guilt. The instant you blow 0.08 or higher, fail a sobriety test, or refuse, the SAAQ imposes an automatic 90-day administrative licence suspension under the Highway Safety Code — a provincial action that runs entirely separately from the federal criminal charge and does not wait for your day in the Court of Québec. People assume that if they fight the charge their licence is safe in the meantime. It isn't: the 90 days run regardless. A vehicle seizure can also be added, but it is conditional — typically where the reading was 160 mg or more, on a refusal, or for a repeat offence — not an automatic part of every first over-80. And if you are 21 or under or hold a learner or probationary licence, Quebec's zero-tolerance rule means even a trace of alcohol carries its own suspension. Our free line can explain these consequences in plain English or French. Call now and ask as many questions as you like.
Likely outcomes & penalties
Every impaired-driving case in Quebec turns on its own facts — your breath reading, whether it's a first or repeat offence within the 10-year window, whether anyone was hurt, and how the stop and testing were conducted. These are the statutory ranges set by the Criminal Code and Quebec's Highway Safety Code, not predictions about your case.Mistakes to avoid
How it works
Free & low-cost Impaired Driving help in Quebec
If you can't afford a private lawyer, these Quebec and Canadian resources can help with the criminal case, free legal information, or finding reduced-fee counsel. Note that Quebec legal aid covers the criminal charge if you are financially eligible — not the SAAQ administrative process, which is the gap to watch. Legal Hotline is not a law firm or a legal-aid clinic and does not provide these services; we point you to them and give general information, not legal advice.
FAQ — Impaired Driving in Quebec
I was just charged with impaired driving or 'over 80' in Quebec — what's the first thing to understand?
That you're now facing two separate cases from one arrest: a federal criminal charge under Criminal Code s.320.14, prosecuted by the DPCP in the Court of Québec, and an automatic 90-day administrative licence suspension imposed at the roadside by the SAAQ under the Highway Safety Code. The SAAQ suspension runs no matter what later happens in court. A vehicle seizure may also apply, but it is conditional — usually tied to a high reading, a refusal or a repeat offence. Our free line can explain both tracks in plain English or French — call now and ask as many questions as you like.
Why is impaired driving federal law but my licence is dealt with by Quebec?
Because Canada's impaired-driving offences live in the federal Criminal Code (s.320.14), which is the same in every province — but driver licensing is a provincial matter, so Quebec's Highway Safety Code controls the immediate 90-day administrative suspension, the vehicle seizure, the assessment and reinstatement. The criminal court can't restore your licence, and the SAAQ can't decide your guilt. They run on parallel tracks, with the DPCP prosecuting the criminal side in the Court of Québec. Our hotline can break down both for your situation.
What does 'over 80' mean?
'Over 80' is the common name for the offence in Criminal Code s.320.14(1)(b): having a blood-alcohol concentration of 80 milligrams of alcohol in 100 millilitres of blood (0.08) or more within two hours of driving. It's a separate charge from 'impaired operation' in s.320.14(1)(a), and the Crown often lays both from the same arrest. In Canada we say impaired driving or 'over 80', not 'DUI'. Call our free line and we'll explain how the reading affects your case.
Will I really lose my licence before I've been to court?
Yes. Under Quebec's Highway Safety Code, the moment you register 0.08 or higher, fail a sobriety or drug-recognition test, or refuse, the SAAQ imposes an immediate 90-day administrative licence suspension — before any trial and regardless of how the criminal charge is eventually resolved. It's one of the most common surprises. Our hotline can explain what the suspension means and what comes next.
Will my vehicle be seized too?
Not necessarily — a vehicle seizure in Quebec is conditional, not automatic on every first over-80. Under the Highway Safety Code the SAAQ seizes the vehicle for 30 days on a first offence mainly where your BAC was 160 mg or more (twice the limit) or you refused the test, and for 90 days for a repeat impaired-driving offence within 10 years or for driving while already prohibited. The seizure applies even if the vehicle belongs to someone else, and you pay the towing and storage. Call our free line and we'll explain whether a seizure is likely in your situation.
I'm 20 / I have a probationary licence — what are the alcohol rules for me?
Quebec applies a strict zero-tolerance rule: if you are 21 or under, or hold a learner's permit or a probationary licence, your limit is 0.00 — no alcohol at all. Being caught with any alcohol in your system brings an immediate licence suspension, a fine and demerit points, separately from the criminal regime. It's a distinctive Quebec rule that catches many younger and newer drivers off guard. Our hotline can explain exactly where it leaves you.
I refused the breath test — does that help me?
Almost never. Refusing or failing to comply with a lawful breath, blood or sobriety demand is its own offence under Criminal Code s.320.15, treated at least as seriously as being 'over 80' — it carries the highest minimum fine ($2,000 on a first offence), the same automatic 90-day SAAQ suspension, and can trigger a vehicle seizure. It rarely helps and usually hurts. Call our free line to understand exactly where a refusal leaves you.
What do I have to do to get my licence back after a conviction?
After a conviction the SAAQ revokes your licence and sets reinstatement conditions. Typically you must complete an assessment of your relationship with alcohol or drugs (including the Alcofrein awareness program, and a fuller evaluation where required), have an approved alcohol ignition interlock device — the antidémarreur — installed at your own cost, and meet the SAAQ's reintegration requirements. The interlock usually runs one to three years, longer for repeat offenders. None of it is automatic; you have to apply and complete each step. Our hotline can walk you through the sequence.
Can an impaired-driving charge affect my immigration status or travel to the US?
It can. An impaired-driving conviction creates a criminal record, which can make you inadmissible to the United States, since US border officers can treat impaired driving as a barrier to entry. For permanent residents and others, a serious criminal conviction can carry immigration consequences under the federal Immigration and Refugee Protection Act (s.36). Because how a charge is resolved matters, it's worth getting advice early. Call our free line and we can point you to the right help.
Does a prior impaired-driving offence from years ago still count against me?
Quite possibly. Quebec and the federal Criminal Code both look back 10 years when deciding whether a new offence is a first, second or subsequent one. A prior within that window raises the criminal minimum jail terms (30 days on a second conviction, 120 days on a third), lengthens the SAAQ revocation and interlock period, and triggers a 90-day vehicle seizure. The date math matters — our hotline can help you understand where a prior leaves you.
How much does it cost to talk to your hotline?
Nothing. The service is free, with no income test and no web form to wrestle with. It gives you legal information to orient you — not legal advice — and creates no lawyer-client relationship. The line is live now across Canada — just call, in English or French, and ask as many questions as you like. A paid consultation with a Quebec-licensed criminal lawyer can be booked right on the call.
Are you a Quebec impaired-driving lawyer? Join our network.
We're building a network of Quebec-licensed criminal lawyers for our live paid lawyer-consultation service for worried, time-pressed Quebec drivers — people facing both a Criminal Code s.320.14 charge prosecuted by the DPCP in the Court of Québec and an immediate SAAQ licence suspension. If you're a Quebec-licensed lawyer who defends impaired-driving and 'over 80' charges and advises on the SAAQ assessment, interlock and reinstatement process, we'd like to send qualified, ready-to-consult clients your way — the service is live now. This is a referral path for vetted lawyers, separate from the free client information line above. Reach out to learn how to join.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at admin@platfirm.ai.
Sources & further reading
- Criminal Code s.320.14 — Operation while impaired / 'over 80' (Justice Canada)
- Criminal Code s.320.19 — Punishment (mandatory minimum fines, jail) (Justice Canada)
- Highway Safety Code (Code de la sécurité routière), chapter C-24.2 (Légis Québec)
- SAAQ — Penalties and costs for impaired driving
- SAAQ — Vehicle seizure and recovery
- Éducaloi — Drinking, Drugs and Driving: Getting Your Licence Back
- Immigration and Refugee Protection Act s.36 — Inadmissibility / serious criminality (Justice Canada)
Two cases, one arrest. Get a free, plain-English answer.
An impaired-driving charge in Quebec doesn't wait — the SAAQ suspends your licence for 90 days at the roadside under the Highway Safety Code while a separate federal criminal case begins under Criminal Code s.320.14. You don't have to untangle the two tracks alone. Our free hotline gives you a calm, clear answer about what each one means and what to do first, from an assistant trained on Canadian and Quebec law, in English or French. It's legal information, not legal advice, and creates no lawyer-client relationship — and a paid consultation with a Quebec-licensed lawyer can be booked right on the call. The line is live now across Canada, including Quebec: just call and ask as many questions as you like.
Free legal information. Not legal advice.