Let us recall: being found guilty of driving with impaired abilities due to alcohol constitutes a criminal offense, punishable by an automatic one-year driver’s license suspension and a minimum fine of \$1,000. However, this does not mean that the convicted driver will necessarily get their license back after this period.
Let’s look at the process for drivers who wish to regain their driver’s license after a conviction for drinking and driving.
Possibility of obtaining a restricted driver’s license
Once sentenced and found guilty of driving under the influence of alcohol, the
Société de l’assurance automobile du Québec (SAAQ) can revoke the driver’s license. A driving prohibition for a duration determined according to the severity of the offense will also be imposed.
During this period of driving prohibition, it is still possible to obtain a restricted license in certain cases. Such a license allows a driver to operate a vehicle as long as it is equipped with an alcohol ignition interlock device. To start the car, the driver must blow into the electronic device, and if it detects alcohol in the system, the engine will not start.
If this is your first drinking and driving offense, it is possible to install an ignition interlock device three months after the judgment, provided you undergo a brief SAAQ evaluation to obtain a restricted license. However, if this is
not your first offense, the evaluation will be more comprehensive.
Proving there will be no recurrence of impaired driving to regain a license
To obtain a restricted license or a new license after the prohibition period, it is necessary to take the SAAQ examination, which evaluates the risk of repeat alcohol-impaired driving.
This exam is part of the Program for Evaluation and Reduction of the Risk of Impaired Driving (PERRCCA). It consists of 200 questions about drinking habits, mental health, social status, and general personality traits.
The requirement to complete the Alcofrein program
For individuals who pass the SAAQ examination, they must then complete the
Alcofrein program, which educates drivers about the harmful consequences of impaired driving before they can obtain a new license.
If the candidate fails the exam, they will be required to follow a 6-to-9-month supervision plan. They will also be required to equip their vehicle with an alcohol ignition interlock device for one year.
Drivers who were arrested with a blood alcohol level exceeding 160 mg must install the device for a mandatory period of two years.
Consult a criminal lawyer for a drinking and driving offense and to regain your driver’s license
It is important, if you are facing charges for a drinking and driving offense or if an investigation is about to be opened against you, to ensure your defense with the help of a lawyer specializing in criminal offenses.
Do not hesitate to request a free consultation now by
contacting the Droit-Criminel law firm. 
