In Quebec, impaired driving offences are prosecuted under the federal Criminal Code by the Director of Criminal and Penal Prosecutions (DPCP). Cases are heard in the Court of Québec or, in Montreal and several other cities, in the municipal court.
The main offences
- Impaired operation: driving while your ability is impaired to any degree by alcohol, drugs or both.
- Over 80: a blood alcohol concentration of 80 mg or more per 100 mL of blood within two hours of driving.
- Refusal: failing or refusing a lawful demand for a breath, blood or drug sample. Police can demand a roadside breath sample from any lawfully stopped driver, without suspicion.
- Drug-impaired driving: 5 ng or more of THC per mL of blood, or any detectable amount of certain drugs, within two hours of driving.
Penalties on conviction
| Offence | First offence | Second offence | Third offence |
|---|---|---|---|
| Impaired / over 80 (BAC 80–119) | minimum $1,000 fine | minimum 30 days jail | minimum 120 days jail |
| Over 80 (BAC 120–159) | minimum $1,500 fine | minimum 30 days jail | minimum 120 days jail |
| Over 80 (BAC 160 or more) | minimum $2,000 fine | minimum 30 days jail | minimum 120 days jail |
| Refusal | minimum $2,000 fine | minimum 30 days jail | minimum 120 days jail |
The maximum is 10 years. Impaired driving causing bodily harm carries up to 14 years, and causing death up to life.
Quebec licence consequences on top
| Conviction (within 10 years) | Licence revocation |
|---|---|
| First | 1 year |
| Second | 3 years |
| Third or later | 5 years |
You will also need the SAAQ evaluation and usually an ignition interlock.
Young drivers
Drivers 21 and under, learners and probationary drivers must have zero alcohol. Even a small amount leads to a 90-day suspension.
How these cases are defended
Defence lawyers examine the reason for the stop, the timing and wording of the demands, your right to speak with a lawyer, the testing procedure and the disclosure. Charter breaches can lead to evidence being excluded. Read the guide to Quebec impaired driving laws.
Frequently asked questions
No. Police can demand a roadside sample from any lawfully stopped driver, and refusal is a Criminal Code offence with a minimum $2,000 fine on a first conviction.
$1,000, rising to $1,500 for a BAC of 120 to 159 mg, and $2,000 for 160 mg or more or for refusal.
Yes. A second offence carries a minimum of 30 days in jail, and a third a minimum of 120 days.
The Court of Québec, or the municipal court in Montreal and several other cities, with the DPCP prosecuting.
Find a Quebec impaired driving lawyer →
This article is general information about Quebec and Canadian impaired driving law as of October 2026. It is not legal advice. Penalties, fees and procedures can change; confirm details with the SAAQ or a lawyer.
Sources: SAAQ, Costs related to impaired driving (updated February 19, 2026) and Alcofrein program; Éducaloi, Alcool au volant : ravoir son permis de conduire; Department of Justice Canada, Impaired driving laws.
