Impaired driving charges are among the most common criminal offences in Quebec — and among the most serious for an otherwise law-abiding person, because a conviction creates a criminal record. If you are facing impaired driving charges in Gatineau, here is what is at stake and where defences can arise. For the broader picture, see our overview of driving offences.
What the law says
Section 320.14 of the Criminal Code makes it an offence to operate a vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration at or over 80 mg of alcohol per 100 mL of blood (the “over 80” offence). Impairment can be proven by breath samples, blood samples, or evidence of how you were driving.
How impairment is detected and tested
A case often begins with a roadside stop and a demand for a breath sample on an approved screening device. A fail can lead to a further demand for breath tests on a more precise instrument at the station, or for a blood sample, and — where drugs are suspected — an evaluation by a drug recognition expert. How and when each step was carried out can be decisive.
The penalties
Even a first offence carries a mandatory minimum fine of $1,000, which rises to $1,500 where the blood alcohol concentration is between 120 and 159 mg, and $2,000 at 160 mg or more. A first conviction also brings a minimum one-year driving prohibition and a permanent criminal record. Penalties escalate sharply for repeat offences, including mandatory jail time.
Refusing a breath sample
Refusing or failing to provide a sample without a reasonable excuse is itself an offence under section 320.15 — and it is treated seriously. A first refusal carries a mandatory minimum fine of $2,000, higher than a first “over 80” conviction, and a second or subsequent refusal carries mandatory jail. Refusing is rarely a way to avoid consequences.
Quebec licence consequences
Beyond the Criminal Code, Quebec applies its own administrative measures through the SAAQ, including an immediate 90-day licence suspension and possible vehicle impoundment, and — on conviction — licence revocation and the ignition interlock device program. These provincial consequences apply on top of the criminal penalties.
Defending impaired driving charges
Impaired driving cases are technical, and that works in your favour. How the police formed grounds to stop and test you, whether the breath device was operated correctly, the timing of the samples, and whether your Charter rights were respected can all be challenged. A careful review sometimes leads to reduced charges or an acquittal — a criminal lawyer in Gatineau can spot these issues early.
Facing an impaired driving charge in Gatineau? Contact us for a confidential phone consultation — the sooner a lawyer reviews your file, the more options you may have.
This article provides general legal information about the law in Quebec and Canada and is not legal advice. Every case is different. For advice about your specific situation, contact Me Lory Zakarian for a confidential evaluation.
