Alcohol, drugs and refusal to provide a sample
Impaired driving
Impaired driving is one of the most common criminal charges in Québec. It can affect your licence, your vehicle, your employment and your ability to travel internationally.
Files handled by Me Daniela Velandia and Me Stéphane Pouyes.
Can VP Avocats help?
Yes. VP Avocats accepts defence mandates for impaired driving, over-the-limit driving, refusal to provide a sample and dangerous driving in an impairment context.
Situations and charges covered
- Impairment by alcohol, by drugs or by a combination of both
- Impaired driving causing bodily harm or death
- Refusal files (refusing the roadside screening device or the breathalyzer)
- Dangerous driving
- Dangerous driving causing bodily harm or death
- Driving while prohibited or during a licence sanction
- Repeat charges and files with prior convictions
Similar situations not covered
- Licence losses under the Highway Safety Code's zero-alcohol tolerance, unless a criminal file accompanies them
- Dangerous driving arising solely from the Highway Safety Code
- Any provincial offence, unless a criminal file accompanies it
- Speeding, stop-sign, red-light and other tickets
What can happen next
- The next steps depend on the charges and the conditions imposed.
- A lawyer can explain the possible scenarios after reviewing the file.
Evidence usually examined
- Documents given by police
- Communications and documents in your possession that may be relevant
- A detailed timeline of events, to the extent possible
Mistakes to avoid, immediate steps
- Saying anything at all before speaking with a lawyer
- Failing to comply with a police officer's orders, including the roadside screening test
- Signing an undertaking or acknowledgement without legal advice
- Posting or commenting about the situation on social media
Our approach
We represent our clients in court: you do not need to attend, except at the judge's request, at trial where applicable and at the conclusion of the file. We review the file to make sure your constitutional rights were respected; where we find flaws, we seek to have the evidence excluded and the file collapse. Failing that, we negotiate the most reasonable sentence in the circumstances.
Case stages
- First contact and initial assessment, including nights and weekends
- Detailed review of Crown disclosure (police report, videos, test results)
- Verification that constitutional rights were respected during the stop, the detention and the samples taken
- One hour of preparation for the SAAQ assessment (PERRCA) when the reading exceeds 160 mg, so the licence can be recovered during the proceedings
- Motion to exclude evidence where warranted, or negotiation of the most reasonable sentence
- Representation at every stage of the file up to the final decision
Useful documents and information
- Undertaking or summons to appear
- Qualified technician's certificate
- SAAQ notices and records
- Valid identification
Possible consequences
- Criminal record
- Loss of driver's licence
- SAAQ sanctions
- Fines
- Depending on the seriousness of the file, imprisonment
Lawyers on this practice
Frequent questions
Can I drive during the 90-day SAAQ suspension following my arrest?
No.
Do I absolutely have to blow into the screening device or the breathalyzer at the station?
Yes. Otherwise it becomes a refusal offence.
Do I have to take a test after the 90-day SAAQ sanction to get my licence back?
Only if you are charged with refusal or if the alcohol level exceeds double the limit allowed by law.
Do I have to be represented by a lawyer?
No, an accused may represent themselves in court. Because these files are highly technical, it is nonetheless preferable to be represented by a lawyer.
Could I get a criminal record even though this happened on the road?
Yes. In most situations, a criminal record follows as soon as there is a finding of guilt.
This page is informational. It does not constitute legal advice and does not guarantee any outcome.
Contact
Contact us
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