Quebec Impaired Driving & Over 80 — Free Legal Information

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.

First conviction (s.320.14, no injury)

A mandatory minimum $1,000 fine (at least $1,500 if BAC was 120–159 mg, at least $2,000 if 160 mg or more, or on a refusal), a criminal record, and a one-year national driving prohibition. The SAAQ then requires an alcohol assessment, the Alcofrein program and an ignition interlock device installed at your cost before a full licence is restored.

Provincial roadside consequences (immediate)

An automatic 90-day SAAQ administrative licence suspension at the roadside — independent of the criminal case. A 30-day vehicle seizure can be added on a first arrest where the BAC is 160 mg or more (twice the limit) or on a refusal; it is conditional, not automatic on every first 0.08 reading. Reinstatement fees and assessment requirements apply later.

Second offence (within 10 years)

A mandatory minimum 30 days in jail, a two-year federal driving prohibition, an immediate 90-day vehicle seizure under the Highway Safety Code, and a longer SAAQ revocation with an extended ignition-interlock period. The 10-year look-back means an offence from the mid-2010s can still count.

Third+ offence, or impaired causing bodily harm/death

A third conviction carries a minimum 120 days in jail and a three-year prohibition, with a 90-day vehicle seizure and a much longer interlock requirement. Impaired operation causing bodily harm or death is indictable and far more serious, with potential penitentiary time and, for causing death, a maximum of life imprisonment.

Mistakes to avoid

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Assuming that fighting the criminal charge protects your licence in the meantime — the SAAQ's 90-day administrative suspension is automatic and runs regardless of what happens in the Court of Québec.

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Thinking a vehicle seizure always follows a first over-80 — in Quebec the seizure is conditional, generally tied to a reading of 160 mg or more, a refusal, a repeat offence, or driving while prohibited, not every first 0.08 reading.

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Refusing the breath or sobriety test thinking it helps — refusal is its own offence under s.320.15, treated at least as seriously as being 'over 80', with the highest minimum fine and the same 90-day suspension, and it can trigger seizure.

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Forgetting Quebec's zero-tolerance rule — drivers 21 and under and all learner and probationary licence holders must have 0.00 BAC; any alcohol brings an immediate suspension, a fine and demerit points even without a criminal charge.

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Treating an impaired-driving charge as a minor traffic matter — it is a federal criminal offence that creates a criminal record and can bar entry to the United States and affect immigration status; the consequences reach far beyond the fine.

How it works

Call our free line — free, with no income test and no web maze. An AI assistant answers live and explains your situation in plain English or French, and you can ask as many questions as you like.

Talk through both tracks with an assistant trained on Canadian and Quebec law. It understands the federal Criminal Code s.320.14 charge prosecuted by the DPCP in the Court of Québec, the SAAQ's 90-day administrative suspension, the conditional vehicle seizure, the zero-tolerance rules, and the Alcofrein and interlock reinstatement requirements — and walks you through your first moves. This is legal information, not legal advice, and creates no lawyer-client relationship.

A paid consultation with a Quebec impaired-driving lawyer is coming soon. We're building a network of Quebec-licensed criminal lawyers who handle both the court case and the SAAQ licensing side, so that callers who want representation will be able to arrange a paid consultation — that service isn't available yet, but the free information line is here now to help you understand your situation.

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.

Commission des services juridiques (Quebec Legal Aid / Aide juridique)

Quebec's public legal-aid body. If you meet the financial test, it can provide a legal-aid lawyer or a private lawyer mandate to cover the criminal charge, either free or on a contributory basis. Apply at the legal aid office closest to where you live. Covers the criminal case, not the SAAQ administrative/licensing side.

Éducaloi — Impaired Driving

A respected Quebec non-profit that explains the law in plain language. Its impaired-driving capsules cover the criminal offence, the SAAQ consequences, the assessment process and getting your licence back — a reliable place to read up before your court date, in English or French.

SAAQ — Penalties and costs for impaired driving

The official Société de l'assurance automobile du Québec page setting out the administrative penalties: the immediate 90-day suspension, vehicle seizure rules, assessment and reinstatement steps, and the costs involved.

Barreau du Québec — Referral Service (Service de référence)

The Quebec bar's referral service connects you with a participating lawyer for a fixed-rate initial consultation that varies by region — useful for an early read on an impaired-driving charge. Info-Barreau: 1 844 954-3411.

JusticeNet

A national non-profit connecting people whose income is too high for legal aid but too low for standard fees with lawyers and mediators who charge on a reduced sliding scale, including in Quebec.

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 is coming soon.

Are you a Quebec impaired-driving lawyer? Join our network.

We're building a network of Quebec-licensed criminal lawyers ahead of launching a 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 once the service goes live. This is a referral path for vetted lawyers, separate from the free client information line above. Reach out to learn how to join.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

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 [email protected].

Charged With Impaired Driving or 'Over 80' in Quebec? Two Cases Just Started at Once.