DWI/DUI - Drunk Driving Laws And Attorneys In Canada
A comprehensive guide to drunk driving laws, penalties, fines and attorneys.
|
© Copyright 2008 Enticing Designs Inc.
DWI/DUI - Drunk Driving Laws And Penalties In Quebec,
Canada
Alma, Fleurimont, Longueuil, Amos Gaspe - Office of Tourism,
Marieville, Anjou, Gatineau, Mount Royal, Aylmer, Hull, Montreal City,
Beauport, Joliette, Montreal Region, Bromptonville, Jonquiere,
Montreal-Est, Brosssard, Lachine, Quebec, Chateauguay, Lasalle,
Saint-Leonard, Chicoutimi, Laurentides, Sherbrooke, Coaticook,
LaSalle, Sorel, Coaticook (MR), Laval, Thetford Mines, City of Dorval,
Lennoxville, Victoriaville, Drummondville, Levis
In Quebec, Canada it is illegal to drive a motor vehicle while under the
influence of alcohol (.08% BAC). For new drivers, .00 BAC for the first 24
months. Penalty is an immediate suspension of 15 days and 3 months
suspension upon conviction.
Penalties And Fines
First Offense
Administrative suspension of 2 weeks for first offense with BAC greater
than .08. For Criminal Code offenses, license suspension of 1 year for
first offense (may be reduced.) For new drivers with BAC greater than
.00, penalty is an on the spot suspension of 15 days and 3 months
suspension upon conviction.
Second Or More Offenses
Administrative suspension of 1 month for BAC greater than .08 on
second offense. For Criminal Code offenses, license suspension of 2
years for second offense within 5 years; 3 years for third offense.
Notes:
Assessment and treatment required for repeat offenders in order to
regain the drivers license.
Effective December 1, 1997, vehicle impoundment for 30 days for driving
with a suspended license.
First offenders must take a DWI education course. Second and third
offenders must undergo assessment and treatment.
DWI education course or assessment and treatment, depending on the
circumstances, plus a reinstatement fee of $300 ($198.69 US)
Other Laws Concerning Enforcement Of Drunk Driving Laws In
Quebec Canada:
Random stopping of vehicles by police is allowed in Canada, but to
request a breath or blood sample the officer must have "probable
grounds" that the driver had been using alcohol. The use of random
stops varies across the country, but the Criminal Code of Canada rules
with respect to probable grounds are uniform.
Random stopping of vehicles by police is allowed in Canada, but to
request a breath or blood sample the officer must have "probable
grounds" that the driver had been using alcohol. The use of random
stops varies across the country, but the Criminal Code of Canada rules
with respect to probable grounds are uniform.
There needs to be a reasonable suspicion that alcohol is present
before a request for breath or blood can be made. Even in the breath
checkpoints, requests for a sample must be based on a suspicion of
alcohol. This is consistent across the country, as the legislation that
covers drinking and driving is the Criminal Code of Canada and is
applicable across the country.
Drivers involved in crashes are not routinely tested. Depending on the
class (fatal, injury, or property damage) of collision, the officer may not
see the driver soon after the collision. In the case of injured drivers,
there are a number of problems. In the case of an injured driver who can
not provide a breath sample, the officer may request a blood sample.
There is a process of obtaining a tele-warrant to subpoena blood from
unconscious drivers. The actual practice is not simple or straightforward
as it raises other issues related to the chain of evidence, the patient's
health and patient confidentiality. In addition, some health care
professionals have concerns, real and perceived, about their legal
liability and whether it is their job to do alcohol enforcement with their
patients. However, testing on fatally injured drivers tends to be high and
fairly consistent across the country.