Permis PrêtDrinking and driving in Quebec: what happens at 0.08?
The Criminal Code limit, the immediate measures under Quebec’s Highway Safety Code, and what follows a conviction.
Short answer: for a driver who is not under the zero-alcohol rule, having 80 mg of alcohol or more per 100 mL of blood (0.08) is a Criminal Code offence. In Quebec, the police officer also suspends the licence on the spot for 90 days. A conviction means the licence is revoked: no new licence for at least one year for a first offence, except a restricted licence that only allows driving a vehicle fitted with an alcohol ignition interlock.
Two laws apply at the same time
- The Criminal Code (federal law) creates the offence. It is an offence to operate a vehicle while your ability to operate it is impaired “to any degree” by alcohol or a drug, or to have, within two hours after you stop driving, a blood alcohol concentration of 80 mg of alcohol in 100 mL of blood or more (Criminal Code, s. 320.14).
- The Code de la sécurité routière (Quebec’s Highway Safety Code) adds administrative measures: an immediate licence suspension, vehicle seizure and conditions for getting a licence back. They apply to the driver and also to a person who has care or control of the vehicle (Highway Safety Code, s. 202.4).
What about 0.05?
For a licensed driver at the wheel of a car, the Highway Safety Code sets no 50 mg threshold. The only 50 mg threshold in it applies to driving a heavy vehicle, with a 24-hour suspension (ss. 202.2.1.2 and 202.4, para. 4).
Being under 0.08 does not make you safe, though:
- an officer who suspects impairment can demand physical coordination tests; if the officer then has reasonable grounds to believe your ability is impaired, your licence is suspended on the spot for 24 hours (ss. 202.1.3 and 202.1.4);
- driving while impaired to any degree is a crime, whatever the reading (Criminal Code, s. 320.14(1)(a));
- learners, probationary licence holders and licence holders aged 21 or under must follow the zero-alcohol rule: see Zero alcohol for new drivers.
On the spot: suspension and seizure
| Situation | Immediate measure | Section (H.S.C.) |
|---|---|---|
| Blood alcohol of 80 mg/100 mL or more, measured with an approved breath instrument under the Criminal Code | 90-day licence suspension | 202.4, para. 1 |
| Impaired ability after the coordination tests | 24-hour suspension (unless a 90-day suspension is imposed) | 202.1.4 |
| Failing or refusing to comply with an officer’s demand (breath sample, tests) | Possible 90-day suspension | 202.5 |
| 160 mg/100 mL or more, or a refusal, with no revocation for an alcohol or drug offence (or certain other offences) in the past 10 years | 30-day vehicle seizure | 209.2.1 |
| 80 mg/100 mL or more, or a refusal, with such a revocation in the past 10 years | 90-day vehicle seizure | 209.2.1.1 |
The 90-day suspension covers every driver’s licence and the right to obtain one (s. 202.4). You can ask the SAAQ to review it, but the request does not lift the suspension (ss. 202.6.2 and 202.6.10).
Refusing to blow
Refusing, without a reasonable excuse, to provide a sample demanded by a police officer is a separate Criminal Code offence (s. 320.15). For a first offence the minimum fine is $2,000 (s. 320.19(4)), and the same mandatory driving prohibition applies (s. 320.24). Under Quebec law, a refusal can bring the 90-day suspension and the vehicle seizure described above, and after a conviction the one-year and three-year periods without a licence are extended by two years (H.S.C., s. 76.1.4). The SAAQ warns that refusing to blow automatically brings the most severe sanctions under the Criminal Code.
After a conviction
Criminal Code penalties (ss. 320.19 and 320.24):
| Minimum penalty | Driving prohibition | |
|---|---|---|
| First offence | $1,000 fine ($1,500 at 120 mg or more; $2,000 at 160 mg or more) | 1 to 3 years |
| Second offence | 30 days’ imprisonment | 2 to 10 years |
| Each subsequent offence | 120 days’ imprisonment | At least 3 years |
Any prison term is added to the prohibition period.
What it means for your Quebec licence:
- The conviction automatically revokes every driver’s licence (H.S.C., s. 180). Demerit points are not the mechanism here: the demerit point table does not cover Criminal Code offences (Regulation respecting demerit points, s. 3).
- No new licence for 1, 3 or 5 years, depending on whether there were no, one, or more than one such revocations in the previous 10 years (s. 76). For a blood alcohol of 160 mg or more, or a refusal, the one-year and three-year periods are extended by two years (ss. 76.1.4 and 76.1.7).
The alcohol ignition interlock
- During the sanction: the person can get a restricted licence that only allows driving a vehicle fitted with an SAAQ-approved interlock, once the Criminal Code’s minimum absolute prohibition period is over, unless a court orders otherwise (H.S.C., s. 76.1.1). For a first offence that period is whatever the court sets, if any; it is at least 3 months for a second offence and 6 months for a subsequent one (Criminal Code, s. 320.24(10)).
- New licence, first offence: a summary assessment of the person’s relationship with alcohol or drugs. Pass it and you must complete an education program; fail it and you must pass a comprehensive assessment, after which the new licence carries a 1-year interlock condition (ss. 76.1.2 and 76.1.3).
- 160 mg or more, or a refusal: comprehensive assessment and a 2-year interlock condition (ss. 76.1.4 and 76.1.5).
- Repeat offence within 10 years: an interlock condition on the new licence and on every licence issued afterwards, for life. After a second revocation, the person can ask the Court of Québec to lift the condition after 10 years (s. 76.1.6).
- Driving without the required interlock can lead to a 30-day vehicle seizure (s. 209.1).
Key points for the test
- 0.08 = 80 mg of alcohol per 100 mL of blood: the Criminal Code limit.
- At 0.08 or more: immediate 90-day licence suspension in Quebec.
- Impaired, even under 0.08: a 24-hour suspension and a criminal charge are possible.
- Refusing to blow leads to heavier penalties, including a $2,000 minimum fine.
- Conviction: licence revoked, at least 1 year for a first offence (except a restricted licence with an interlock).
- Learners, probationary drivers and drivers 21 or under: zero alcohol.
Original questions with explanations and sources, “Highway Safety Code” section.
Practise for free
See also
- Free SAAQ practice test: 15 questions
- Zero alcohol for new drivers in Quebec: who does it apply to?
- Probationary licence rules in Quebec
- What to do after a car accident in Quebec
Official sources
- Code de la sécurité routière (Highway Safety Code, CQLR c. C-24.2), ss. 76, 76.1.1 to 76.1.7, 180, 202.1.3, 202.1.4, 202.2.1.2, 202.4, 202.5, 202.6.2, 202.6.10, 209.1, 209.2.1 and 209.2.1.1
- Criminal Code (R.S.C. 1985, c. C-46), ss. 320.14, 320.15, 320.19 and 320.24
- Regulation respecting demerit points (CQLR c. C-24.2, r. 37), s. 3
- SAAQ, “Alcool au volant : conduite et conséquences” (French)
General information page, current as of 2026-10-29. If in doubt, the official text prevails. Rules can change: check saaq.gouv.qc.ca and legisquebec.gouv.qc.ca.