Consequences of an arrest for drunk driving: What do you need to know immediately after the arrest?

An arrest for impaired driving is a serious matter that has immediate consequences and can potentially have lasting impacts. This blog is for first-time offenders who do not yet have a criminal record. Its aim is to help them understand the implications of this arrest so they can better manage what comes next. This article details, among other things, the measures taken by the Société de l'assurance automobile du Québec (SAAQ) and the penalties provided by the Criminal Code, to clarify the consequences of an arrest for impaired driving.

The immediate measures taken by the SAAQ following the arrest

As soon as police make an arrest for impaired driving, the Highway Safety Code stipulates that the Société de l'assurance automobile du Québec (SAAQ) intervenes even before the case goes to court. This intervention is administrative in nature and depends on the circumstances of the arrest, including the number of offences the accused has and the recorded blood alcohol level.

• Immediate suspension of driving licence

The arrested person's license is immediately suspended for 90 days. This suspension is automatic and does not require a prior court order. It is only possible to appeal this administrative decision in the most exceptional cases, where the arrested person's innocence is beyond doubt.

• Vehicle seizure

The defendant's car is impounded for a period ranging from 30 to 90 days. It is possible to request the court to lift the seizure in specific cases.

• Release procedure

If the seized vehicle belongs to someone other than the defendant, it is possible to recover the car sooner by following a specific procedure called a Vehicule Release from Seizure. This process allows the rightful owner to recover their property without waiting for the end of the seizure period.

These administrative measures have an immediate impact on the defendant's daily life, as he finds himself without a license and without a vehicle, which complicates his travel and his personal or professional obligations.

The arrested person’s vehicle will be towed

The license includes the condition of the alcohol ignition interlock device.

At the end of the 90-day suspension, the offender can apply for a licence from the SAAQ, which is subject to what is commonly known as the "balloon" condition. This licence allows the holder to drive a motor vehicle equipped with an alcohol ignition interlock device, which prevents the car from starting if the driver's breath contains alcohol.

However, the SAAQ can only issue this license with the condition that an ignition interlock device be installed in the vehicle after the applicant has successfully completed an evaluation, in cases of repeat offenses or in cases of high blood alcohol concentration (when a reading over 0.160 is recorded). There is also a summary evaluation, which is shorter and less expensive, and whose success depends on actuarial criteria beyond the control of the person being evaluated. These criteria aim to assess the risk of recidivism based on the driver's profile. Should this evaluation be failed, a full evaluation will be required. This is a more expensive and time-consuming process. Me Alexandre Lacroix will be happy to guide you diligently through these steps.

• Cost of the immobilizer

Renting this device incurs monthly fees, in addition to the installation cost, which can reach several hundred dollars. Prices are subject to change; please contact the SAAQ to confirm the information.

The consequences after a guilty plea

If the court renders a guilty verdict, the consequences can be varied.

According to the Criminal Code

The Criminal Code provides for minimum sentences for anyone found guilty of an impaired driving offence.

• Minimum fine of $1000

This fine can be higher depending on the circumstances of the offense. An accident or a high blood alcohol level can increase the fine. Speed and the size of the vehicle driven can also be aggravating factors.

• Criminal record

Conviction results in the recording of a criminal record in the name of the convicted person, which can have repercussions on their employment, travel abroad, insurance and other aspects of their life.

• Driving ban not absolute

The driving ban is mandatory for a minimum period of one year. It is considered not absolute since it does not prevent driving with a license provided it is equipped with an alcohol ignition interlock device.

These sanctions illustrate the severity of the consequences of an arrest for drunk driving, even for a first offense.

The installation of an ignition interlock device will be necessary in order to continue using it legally

Why is it important to know this?

Understanding the consequences of an impaired driving arrest allows the accused to better anticipate the necessary steps and the impact on their life. Immediate license suspension, vehicle impoundment, costs associated with the ignition interlock device, and the minimum sentences prescribed by law are all factors that influence how this difficult situation is managed. It also helps determine whether or not the accused wishes to proceed to trial.

Tips for handling the situation after an arrest

• Consult Me Lacroix

Alexandre Lacroix can help you better understand your chances of success and prepare your defense.