Impaired Driving (DUI) in Quebec | What to Do If You’re Charged
Impaired Driving (DUI) in Quebec | What to Do If You’re Charged
Why DUI (DWI) Charges Are So Serious in Quebec
Even a single mistake behind the wheel can change your life. In Quebec, driving under the influence (DUI) or driving while impaired (DWI) is a criminal offence under section 320.14 of the Criminal Code of Canada.
A conviction can result in a permanent criminal record, loss of driver’s licence, heavy fines, and even jail time.
At Guzun & Associates Lawyers, our Montreal criminal defence team helps clients protect their reputation, their driving privileges, and their future. We represent both Canadian citizens and permanent residents facing DUI charges anywhere in Quebec.
What Counts as “Impaired Driving” in Quebec
You may be charged with impaired driving if your ability to operate a motor vehicle is affected by alcohol, drugs, or both, including prescription medication or cannabis.
Common legal terms:
- Impaired Driving (often called DUI – Driving Under the Influence) – operating a vehicle while your ability is affected by alcohol or drugs.
- DWI (Driving While Impaired) — same meaning as DUI (the term “DWI” is more common in the U.S.).
- BAC over 80 (0.08 %) – blood-alcohol concentration (BAC) of 80 milligrams of alcohol in 100 millilitres of blood (0.08 promille) or higher.
- Refusal to Provide a Sample — refusing a breath or blood test is treated as seriously as a DUI conviction.
Police can conduct roadside screening, breath tests, or Drug Recognition Evaluations (DRE). A blood sample may be ordered under warrant.
Even if you feel fine, impairment is determined legally, not subjectively making early legal advice essential.
Penalties and Consequences of DUI
Under the Criminal Code and Quebec’s Highway Safety Code, penalties increase with each offence.
Refusing a sample is also a criminal offence with a higher minimum fine.
| Offence | Federal Penalties (Criminal Code) | Quebec Administrative Measures (SAAQ) |
| 1st Offence | Minimum $1,000 fine and minimum 1-year driving prohibition; record with RCMP | Immediate 90-day licence suspension and vehicle seizure; Ignition Interlock Program required after conviction |
| Refusal to Provide Sample | Minimum $2,000 fine and same prohibition period | Same administrative actions as above |
| 2nd Offence | 30 days jail minimum + 2-year driving prohibition | Longer interlock period and stricter monitoring |
| 3rd or More | 120 days jail minimum, up to 10 years (maximum) if indictable | Possible lifetime licence revocation and rehabilitation requirements |
Additional effects:
- Insurance cancellation or premium increase
- Vehicle impoundment (up to 30 days)
- Court-ordered rehabilitation programs
- Permanent criminal record, affecting travel and employment
Sources: Criminal Code ss. 320.19, 320.24; SAAQ “Alcool et conduite” (2024).
Immigration and Employment Impact
Since Bill C-46 (2018), a DUI conviction is classified as serious criminality under section 36 of the Immigration and Refugee Protection Act (IRPA).
Consequences may include:
- Permanent residents — possible inadmissibility or removal from Canada.
- Temporary residents — study or work permits can be revoked.
- Future applications — delays or refusals for citizenship or family sponsorship.
For professionals, a DUI record can impact security clearances, insurance licences, and employment in regulated fields.
Because Guzun & Associates practises both criminal and immigration law, our team can address these issues together, a rare advantage in Quebec.
How a DUI Lawyer Helps
A skilled and experienced lawyer can make the difference between a conviction and a reduced charge.
At Guzun & Associates, we strategically examine every detail of the case:
- Review police reports for errors or Charter violations.
- Challenge unlawful stops, breath tests, or search procedures.
- Cross-examine officers to expose inconsistencies.
- Negotiate plea reductions to non-criminal offences (e.g., careless driving).
- Represent clients in court and administrative hearings before the SAAQ or immigration authorities.
Our goal is to protect your rights while minimizing the long-term damage to your life and record.
What to Do If You’re Charged
If you’ve been stopped or charged with DUI, the first 24 hours are critical.
Here’s what to do:
- Do not plead guilty immediately. There may be defences available.
- Exercise your right to counsel without delay. Speak to a lawyer before answering questions.
- Request full disclosure of police evidence and test results.
- Stay off social media about the case. Anything you post can be used against you.
- Follow your lawyer’s instructions carefully.
Immediate legal advice can mean the difference between a criminal record and a second chance.
Why Choose Guzun & Associates
- Experienced in both Criminal and Immigration Law
- Serving clients throughout Montreal and Quebec
- Fluent in 6 languages: English, French, Spanish, Romanian, Bulgarian and Russian
- Known for strategic defence and compassionate client care
Facing a criminal charge is stressful, but you don’t have to face it alone.
Our lawyers will guide you step by step through the legal process and fight for your rights.
Contact Our Montreal DUI Defence Lawyers
If you’ve been charged with DUI or impaired driving in Quebec, act fast – your licence and future may depend on it.
📞 Call: +1 (514) 842-7414
📧 Email: office@avocatguzun.com
📍 Visit: 105-1 rue McGill, Suite 15B, Montreal, Quebec
Protect your rights. Protect your future.
Guzun & Associates Lawyers — Criminal Defence in Montreal.