Impaired driving laws in Quebec
Impaired driving in Quebec is punished under two laws at once: the federal Criminal Code and Quebec's Highway Safety Code. The provincial law adds immediate licence suspensions and vehicle seizures on top of any criminal charges.
For new drivers the rule is simple: no alcohol at all in your body when you drive.
By the end of this topic you can
- You can state who must follow Quebec's zero-alcohol rule.
- You can describe what police can ask you to do at the roadside.
- You can explain the legal limits for alcohol and cannabis.
- You can describe the consequences for a novice driver who breaks the rules.
What you need to know and understand
- Zero alcohol applies to all drivers under 22, all learners, all probationary licence holders whatever their age, and people who have never held a licence.
- Breaking the zero-alcohol rule brings an immediate 90-day suspension, 4 demerit points and a $300 to $600 fine.
- Under the Criminal Code, 80 mg of alcohol per 100 mL of blood (0.08) or more is an offence.
- Police can arrest you if they believe you are impaired, even below 0.08.
- Police can order a screening device breath test, physical coordination tests or a saliva test.
- Refusing a test is a criminal offence with the stiffest penalties.
- Cannabis limits under federal rules are measured in nanograms of THC per mL of blood; for most other controlled drugs any detectable amount can lead to charges.
Zero means zero
If you are a learner, a probationary driver or under 22, even one drink before driving breaks the law. The penalty is an immediate 90-day licence suspension, 4 demerit points and a fine of $300 to $600. For a learner or probationary driver, 4 points is the whole limit, so the licence is also revoked. Our guide to zero alcohol in Quebec until 22 covers the details.
What police can do at the roadside
Being impaired while in care or control of a vehicle is also an offence. Sitting in the driver's seat of a stopped car, or being able to start the engine, can count even if you are not driving.
- Ask you to blow into an approved screening device if they suspect alcohol.
- Ask you to do physical coordination tests.
- Ask for a saliva test if they suspect drugs or certain medications.
- Arrest you and take you to the station for a breathalyzer, a blood sample or an evaluation by a specially trained officer.
Highway Safety Code penalties for everyone
At 0.08 or more, or if an evaluating officer finds you impaired by drugs, the Highway Safety Code imposes an immediate 90-day licence suspension, with vehicle seizure for a repeat offence. At 0.16 or more, or if you refuse a test, the vehicle is also seized for 30 days on a first offence and 90 days for a repeat. A first criminal conviction brings a criminal record, a minimum $1,000 fine, licence revocation, an assessment program and a mandatory alcohol ignition interlock device. The SAAQ estimates a first offence costs at least $5,000.
Cannabis and medication
Federal rules set blood THC levels of 2 and 5 nanograms per mL, and a combined limit of 2.5 ng with 50 mg of alcohol per 100 mL. Prescription and over-the-counter medicines can also impair you. Read labels and ask a pharmacist before driving.
Common mistakes
- Thinking one beer is fine on a probationary licence. Any alcohol breaks the rule.
- Driving the morning after a party. Alcohol can still be in your blood hours later.
- Sleeping it off in the driver's seat. That can count as care or control of the vehicle.
- Assuming legal cannabis is safe to drive on. It is legal to buy, not to drive impaired.
Test yourself: Impaired driving laws in Quebec
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Sources: SAAQ, Drinking and Driving: What the Law Says; SAAQ, Penalties for Impaired Driving; SAAQ, Drugs and Medication: What the Law Says. Independent guide, not affiliated with any licensing agency. Always check the latest official rules with your province or territory.