{"id":35870,"date":"2024-07-19T04:06:02","date_gmt":"2024-07-19T04:06:02","guid":{"rendered":"https:\/\/wordpress.zozothemes.com\/igual\/?p=35870"},"modified":"2026-03-12T11:25:49","modified_gmt":"2026-03-12T11:25:49","slug":"why-law-firms-love-reputation-management","status":"publish","type":"post","link":"https:\/\/livermanarrais.ca\/en\/why-law-firms-love-reputation-management\/","title":{"rendered":"Driving while impaired"},"content":{"rendered":"
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Driving while impaired: no chance<\/h2>

\"impaired-driving-drunk-driving-cabinet-gelber-liverman-photo\"<\/h2>

The holiday season is approaching. As every year, a series of advertisements will tell you not to drive if you've been drinking. As every year, some people will try their luck, and as every year, some people will get caught.<\/p>

Drinking and driving<\/strong>\u00a0being regulated by the\u00a0Criminal Code<\/a>\u00a0as well as the\u00a0road safety code<\/a>, It is sometimes difficult to understand the consequences that this action can have on our lives.<\/p>

Interception by the police:<\/h2>

To begin with, you will be stopped for one reason or another. For example, you might be stopped at a roadblock or pulled over by the police. Even if you are simply sitting in your vehicle, you could be stopped. The officer will try to determine if you have care and control of the vehicle. The officer will ask you questions. They will identify you (you must answer when asked) and then ask further questions. The officer will inform you that they smell alcohol on your breath and that, for this reason, they want to administer a breathalyzer test.\u00a0Refusing to take a breathalyzer test will not help you at all since it constitutes an offence.<\/strong><\/em>\u00a0If the first sample exceeds the limit, you will be taken to the station where a second sample will be taken less than 2 hours after the first test, but more than 15 minutes after.<\/p>

The officer will also conduct tests to determine if your abilities are impaired by other substances. Specifically, a second officer will suddenly ask a question to assess your ability to follow a conversation. There will also be a coordination test. Don't assume it's impossible to determine if you've taken drugs; they've seen it all before.<\/p>

Test failed: more than 80 mg per 100 ml of blood<\/h2>

From the moment you receive a traffic ticket, your license could be suspended for 90 days and your vehicle impounded for 30 days. This could happen if it's your first offense in the last 10 years. After the suspension period, you can ask the SAAQ to reinstate your license, but you'll have to convince the SAAQ that your relationship with alcohol is not an impediment.<\/p>

However, if you are found guilty, your driver's license will be suspended immediately. The judge will ask you to surrender your license when the sentence is pronounced.
For a first conviction, the minimum fine will be 10,001 TP4T and you will be prohibited from driving for a period of 1 to 3 years. There is also a risk of imprisonment. A second offense carries a minimum prison sentence of 30 days and a driving ban of 2 to 5 years. Subsequently, the minimum prison sentence becomes 120 days and the driving ban will be 3 years or more.<\/p>

The penalties mentioned above only apply to cases where no one is injured as a result of the offence.
It should be noted that you may have impaired faculties even if you do not exceed the limit of 0.08.<\/p>

Test failed: more than 160 mg per 100 ml of blood<\/h2>

You have doubled the limit; this constitutes aggravating circumstances that may be used to determine the sentence.<\/p>

Restricted permit<\/h2>

Following your conviction and after the period of absolute prohibition, you may apply for a restricted driver's license from a judge of the Court of Qu\u00e9bec, who will impose strict conditions. To be eligible for this type of license, you will have to explain to the judge the necessity of your car. Generally, this is a license that allows you to travel to and from work. You will have to justify your presence on the road if a peace officer stops you. It should be noted that even if a judge grants you your restricted license, you will need someone to drive you to the SAAQ (Quebec Automobile Insurance Corporation) to have an ignition interlock device installed.<\/p>

Retrieve a license<\/h2>

One year before the end of your sentence, you will receive a letter from the SAAQ informing you that you will have to undergo a summary assessment. There are many factors that could work against you.<\/p>

CONTESTATION :<\/h2>

It is of course possible to contest the result by demonstrating an error or a problem with the breathalyzer's operation. Since each situation is unique, it is important to remain calm and, when the police officer informs you of your rights, do not make any statement before contacting your lawyer.<\/p>

For more information on the legal assistance we can provide, please see the page on\u00a0Criminal lawyers in Montreal<\/a>\u00a0from our website or call toll-free 514-659-3930.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

Impaired driving: no chance. The holiday season is approaching. As every year, a number of\u2026<\/p>","protected":false},"author":1,"featured_media":41340,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,29],"tags":[33,34,35,36],"class_list":["post-35870","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-droit-commercial","category-droit-du-travail","tag-corporate","tag-digital","tag-html","tag-marketing"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/posts\/35870","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/comments?post=35870"}],"version-history":[{"count":5,"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/posts\/35870\/revisions"}],"predecessor-version":[{"id":42109,"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/posts\/35870\/revisions\/42109"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/media\/41340"}],"wp:attachment":[{"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/media?parent=35870"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/categories?post=35870"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/livermanarrais.ca\/en\/wp-json\/wp\/v2\/tags?post=35870"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}