by webrisorThe Consequences of Impaired Driving Charges in Quebec
Driving under the influence, also known as a DUI or impaired driving, refers to operating a motor vehicle while your ability to drive is impaired by alcohol, drugs or medication.
Legal limits vary by country and province, as do the penalties associated with them. In Canada, the province of Quebec has somewhat unique impaired driving laws, compared to the rest of the country. Which is why it’s important to review them.
There can be many lasting consequences of driving under the influence including fines, license suspension, a criminal record, and even jail time.
If you are convicted of a DUI offence, you will have a criminal record. Criminal records are available online, and via background checks, and can severely impact your livelihood. You may be publicly shamed or humiliated, experience challenges being hired for a job, face problems travelling or crossing the border, and endure lasting stigma around your criminal record.
Fortunately, there are ways to minimize damages associated with a DUI charge, and prevent a conviction. It is important to understand your rights, and it is also crucial that you have an understanding of long-term repercussions, so that you can avoid any potential pitfalls.
Although a DUI is a serious offence, the damage can be limited, and Ginzburg Legal is here to help. In this article we will outline DUI limits for Quebec, what happens if you get charged, and why you should hire a defense lawyer.
What are the DUI limits for Quebec?
In Quebec, the legal limit for blood alcohol content (BAC) is 0.08. That means your blood alcohol concentration is equal to or over 80 mg of alcohol per 100 ml of blood.
If an officer suspects a driver of being drunk, a breathalyzer is administered to measure BAC (different tests are given to measure drug or medication levels). If your BAC is 0.08 or higher, you face DUI charges. If your BAC level is 0.16 or higher, an accident has occurred, or you’re a repeat offender, the charges will be more severe.
There is a zero tolerance policy (0.0 BAC) for drivers on a learners or probationary license, as well as drivers of a bus, taxi or similar.
Remember, refusing a breathalyzer is a criminal offence that automatically results in the stiffest penalties.
But there are also exceptions. In some cases, a driver can be charged if their BAC is lower than 0.08, but the police officer has determined that the driver was exercising poor control.
To make things even more complicated, in certain situations, even if the engine of the car is not switched on, you can still be charged. This is considered care and control of a vehicle, and is penalized because you have the possibility of starting the engine. The following examples can carry the same consequences as impaired driving:
- Sitting in the driver’s seat, even if the vehicle is off
- Being in another seat in the vehicle – ex. Asleep in the passenger or back seat
- Being near the vehicle – ex. Putting things in the trunk
What happens if you get charged with a DUI
If you are convicted of a DUI in Quebec, you face license suspension, loss of demerit points, fines ranging from $300 – $1,750, vehicle impounding, interlocking devices, and jail time. The punishment depends on the severity of the charge.
A first offence includes a license suspension of 90 days and a fine. If your BAC is over 0.16, in addition to this, there will also be a 30-day vehicle impoundment.
Drivers on a learners permit face immediate license suspension for 90 days, a loss of four demerit points, and a fine.
Repeat offenders face tougher penalties, including a jail sentence starting at 30 days. There may also be additional fines, and even the installation of an interlock device on your vehicle.
Something unique to Quebec is that it is one of the few provinces in Canada where a BAC above 0.05, but lower than 0.08 can result in a DUI charge, but not necessarily a license suspension.
Can you be charged for driving while high?
Yes. Just like drinking and driving, drug-impaired driving is also a crime and carries the same penalties. You can be arrested and convicted under the Criminal Code if your driving ability is impaired by drugs or medication, even if you haven’t consumed any alcohol.
This includes cannabis, and you can be charged for driving while high. You can face consequences if you have between 2 and 5 nanograms of THC per ml of blood within two hours of driving.
Why you should hire a DUI Lawyer
Your best defense against driving-related accusations is hiring an experienced criminal defense lawyer who will help to get your charge cleared.
Ginzburg Legal will defend you against every type of driving-related infraction. Our team of legal professionals will help you achieve the best possible legal outcome, which could mean saving your driver’s license or avoiding jail time.
Over 86% of DUI offenses are committed by first-timers, and often these individuals have careers, families, and a lot to lose from having a criminal record. We have significant experience representing first-time offenders, and understand that sometimes people make mistakes. We want to see you move forward with your life as quickly as possible, and aim to create a stress-free environment to best support you.
As your defense lawyers, we offer you a vigorous protection of your rights, through clear and concise legal advice, constant guidance and communication, an empathetic approach, and flexible payment plans. Learn more about what Ginzburg Legal can do for you, and contact us immediately if you’ve been charged with a DUI.
How to get your DUI charge cleared
A DUI can be removed from your permanent record after at least five years (10 years for more serious offences), if certain criteria are met. A record suspension clears all of the details of your charge from the Canadian Police Information Centre database and, for all intents and purposes, you will have a clean record.
Getting a record suspension can take between one and two years, so you should start planning ahead to ensure a successful application process. It is important you do not commit any other offences, and that you have paid all of your fines in full.
At Ginzburg Legal our goal is to handle everything for you, efficiently and discretely, so that you can quickly put this matter behind you and get back to your normal life. We are committed to delivering the best possible outcome, and we take a personal and humanistic approach with every case we handle.
When you choose our team to defend you, you will receive highly-skilled legal representation and ongoing support. No matter how big or small, your case will be treated with importance and given the full attention it deserves.
Before deciding your next move, make sure to consult a criminal lawyer in order to prepare a complete and rigorous defense. Contact Ginzburg Legal in Montreal for a consultation today.
by webrisorJail Time for Cheating on Exam
We’ve all thought about it. Whether it was a few scribbled notes on the inside of a palm or a quick peek over at a classmate’s test sheet, cheating is something many have considered or actually done during their academic careers. In fact, one of the most famous sports adages of all time goes something like this: “If you ain’t cheating, you ain’t trying“.
What many people don’t know, however, is that cheating can get you into very big trouble with the law. That’s right, we’re not just talking about an academic suspension and an F on your report card. As a 24-year-old Concordia University student and his tutor recently found out, cheating can also lead to criminal charges. The student is accused of conspiracy and “personation at examination” for allowing his tutor to write an exam on his behalf.
Section 404 of the Canadian Criminal Code pertains to passing yourself off as someone else during an exam, or allowing someone to take it on your behalf:
Every one who falsely, with intent to gain advantage for himself or some other person, personates a candidate at a competitive or qualifying examination held under the authority of law or in connection with a university, college or school or who knowingly avails himself of the results of such personation is guilty of an offence punishable on summary conviction.
This is a very seldom used section of the Criminal Code. It’s been used less than a handful of times, and never in an academic setting. Interestingly enough, the infraction itself has far more to do with identify theft than it does with actual cheating. Nonetheless, because it’s a summary offence, the maximum possible penalty is a sentence of 6 months of imprisonment, a fine of $5000, or both.
If you’ve been convicted of this offence, call Ginzburg Legal in Montreal to speak with a criminal defense lawyer.
Ginzburg Legal
405 Rue Marie-Morin
Montréal QC
H2Y 2Y1
(514) 710-6749