Obtaining a driver's license often implies freedom. However, it also comes with a great deal of responsibility once acquired.
Even when you are 21 years old or younger, some of the consequences of failing to meet your obligations can be severe and can follow you for a long time.
Specifically, if you decide to have a drink and then get behind the wheel, it can have legal consequences.
JuriGo explains the consequences of drunk driving when you are under 22 years old.
The alcohol limits are not the same!
Indeed, under the age of 22, the limits regarding alcohol consumption are not the same. If you are 21 years old or younger, you have a zero tolerance when it comes to alcohol and driving! As soon as you have a drink, you cannot drive a vehicle.
This tolerance applies to driving a car, but also to all types of licenses (including buses, motorcycles, etc.) and is not limited to public roads. In short, if you are 21 years old or younger and have consumed alcohol, you cannot drive.
This is different from the intoxication limit that applies to drivers who have reached the age of 22. In this case, these individuals have a consumption limit representing 80mg of alcohol per 100ml of blood (the "0.08") . When they reach this limit, they can be charged with a criminal offense.
In addition to alcohol consumption limits, other substances are limited when you take the wheel:
| Substances | Maximum consumptions |
|---|---|
| Cannabis | Two levels: Between 2 ng and 5ng per ml of blood 5ng or more per ml of blood |
| Other drugs | Zero tolerance (even after 22 years) |
| Drug and alcohol combination | Alcohol = 0.05 or higher THC = 2.5ng per ml of blood |
However, when you reach these blood alcohol levels, regardless of age, the associated consequences apply to you too.
Below the minimum alcohol limits, you are at risk!
If you are 21 years old or younger, certain consequences may apply to you if you are caught driving with a blood alcohol level below 0.08:
- Your license will be immediately suspended for a period of 90 days,
- You will receive 4 demerit points, and
- You will receive a fine between $300 and $600.
It is important to know that your driver's license is limited in the number of demerit points it can receive before being cancelled. This number depends on your type of license and your age:
| Type of license | Maximum points of inaptitude |
|---|---|
| Apprentice driver's license and probationary license | 4 points |
| Driver's license (holder under 23 years old). | 8 points |
So, for holders of a learner's permit or a probationary license, this offense is equivalent to immediate cancellation of your license.
Starting at "0.08", the consequences are the same for everyone!
The zero tolerance for driving and alcohol consumption is specific to certain types of individuals, namely those who are 21 years old and younger, bus drivers, and taxi drivers.
However, this difference only applies below 0.08. If a person aged 22 or older is caught driving a vehicle with a blood alcohol level above the established limit, they face the same consequences as everyone else.
From your first arrest, the consequences are critical!
The consequences vary depending on whether it's your first time or if it's a repeat offense. In the case of your first offense, here are the consequences you may face!
As soon as the police stop you and determine that your blood alcohol level is above the legal limit, the immediate consequences are:
- A suspension of your driver's license for a period of 24 hours to 90 days, and
- Depending on the situation, your vehicle may be seized for a period of 30 days.
In fact, if you are stopped with a blood alcohol level of 0.16 (double the legal limit), your vehicle will be seized for a period of 30 days.
| Attention! Refusing to blow into the breathalyzer to establish your blood alcohol level as ordered by a police officer will result in the same consequences as failing the test. This refusal to comply will even result in a fine of at least $2,000. |
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Furthermore, if you are found guilty, there may be more significant consequences. First, according to the Highway Safety Code:
- You will have a driving prohibition for 1 year and a license revocation between 1 and 3 years,
- You will be enrolled in the Program for the Evaluation and Reduction of the Risk of Driving with Impaired Capacity , and
- You may be enrolled in the Alcofrein program.
Additionally, you will face consequences of a criminal offense, namely:
- A criminal record,
- A minimum fine of $1,000, and
- A driving prohibition for a minimum period of one year.
In addition to the costs associated with the fine, it is important to know that many additional costs will be required, notably due to the increase in insurance premiums, the criminal record, and the cost associated with programs.
Therefore, it is possible to expect a cost of approximately $2,000 in the case of a drunk driving offence. Also, in some cases, the judge may order a period of imprisonment, but this is not mandatory for a first offence.
Is this your second drunk driving offence in less than 10 years?
After being arrested for drunk driving, this offence remains on your criminal record for a period of 10 years. If you are caught again, more serious consequences await you.
As soon as you are arrested by police:
- Your driver's license will be suspended for a period of 90 days, and
- Your vehicle will be automatically seized for a period of 90 days.
In addition to these consequences, if you are found guilty of a second drunk driving offense, you will have:
- A 2-year driving ban,
- A revocation of your license for a period of 3 to 5 years,
- An prohibition on buying, renting, or putting a vehicle into circulation for the same period,
- A lifetime ignition interlock device with the possibility of removal after 10 years, and
- A minimum imprisonment period of 30 days.
Your third drunk driving offense? The consequences last forever!
If, within that same 10-year period, you are caught for a third time driving under the influence of alcohol,the ignition interlock device cannot be removed .
Furthermore, the period of imprisonment will be longer. You will have to serve a minimum of 120 days in prison, but the judge can increase this period up to 10 years depending on the severity and circumstances of your offense.
| Attention! These imprisonment sentences apply only if you are arrested for drunk driving. In the case where a person is injured, this period can be extended to 14 years and, if a person dies, you could be sentenced to life imprisonment. |
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It is important to know that even if you are 21 years old or younger, you are taking a big risk by driving under the influence of alcohol, and this is true from the first drop.
| Did you know? Quebec has agreements with Ontario, New York State, and Maine so that your offenses committed outside Quebec will follow you. So, if you commit a drunk driving offense outside Quebec, it still has consequences upon your return. |
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Your mere presence in the vehicle could cost you dearly!
To be accused of drunk driving, you don't need to be driving the vehicle per se. In fact, the offense doesn't make a distinction between a vehicle in motion on the roads and a vehicle parked in a lot or on the side of the street. What matters is whether you have care or control of the vehicle , meaning whether you have the ability to set the vehicle in motion. Certain criteria will be considered, including:
- If you have the vehicle key in your possession,
- If you have the possibility to easily obtain the keys,
- If you have used the radio or heating of the car, and
- If your seatbelt is fastened.
Normally, if any of these situations apply to you, the judge could consider that you had control of the vehicle, even if you had no intention of driving it.
Additionally, the Criminal Code provides that unless otherwise indicated, if you are in the driver's seat, you intend to start the vehicle.
Here are examples of situations in which a police officer could consider that you have control of the vehicle:
- Your vehicle is stationary, but you are sitting in the driver's seat;
- You are sleeping on the back seat of the vehicle, but you have the possibility to start it;
- You are near the vehicle and you are clearing the snow or putting your things in the trunk.
In short, as soon as you enter a vehicle, there is a possibility that you will be stopped. However, it is up to the police officer to determine whether you intended to drive the vehicle in order to proceed with the arrest.
Under 22 and arrested for drunk driving? Find a lawyer to defend you with JuriGo!
Have you been arrested for drunk driving under the age of 22? This can have serious consequences for your future. It is therefore best to consult a lawyer who can defend your rights.
It is essential to hire the right criminal defense lawyer to defend you against a drunk driving offense.
JuriGo allows you to fill out a form for free to find the right lawyer to represent you!