When a second offense of impaired driving occurs, it is normal to expect more severe consequences. The increased severity of the penalty is intended to deter the offender from committing another offense.
In the event of an arrest, consulting a lawyer may be advisable to learn more about the potential penalties. Our road crime specialists outline some of the consequences resulting from a second arrest.
Consequences of a Second Arrest for Impaired Driving
All drivers know that alcohol impairs driving ability. Nevertheless, some drivers are stopped a second time—or more—for drunk driving. In such cases, the penalties often include a driving prohibition of at least 2 years and a minimum jail sentence of 30 days. After 6 months of driving prohibition, it may be possible to drive again following the installation of an alcohol ignition interlock device in most cases.
These penalties are only a common example, and they may vary depending on the blood alcohol concentration (BAC) at the time of the offense.
Consequences for a Second Arrest with a BAC of 80 mg/100 ml
If a driver has a BAC of 80 mg/100 ml, not exceeding twice the legal limit, the penalties include an immediate license suspension for 90 days and vehicle seizure for 30 days. The driver’s license itself may be revoked for a period of 3 years.
Additionally, the SAAQ (Société de l’assurance automobile du Québec) must conduct a thorough review of the situation to determine whether the individual can regain their license. If permitted, the driver will be required to install an alcohol ignition interlock device in their vehicle for the two years following the reinstatement of the license.
More Severe Consequences for a Second Arrest with a BAC Over 160 mg/100 ml
The consequences of a second arrest are more severe when the BAC exceeds 160 mg/100 ml, which is double the legal blood alcohol limit.
These penalties also apply in the case of refusal to comply with the police officer’s instructions at the time of arrest. They include automatic suspension of the driver’s license for 90 days and vehicle seizure for 30 days. In this case, the license revocation period will be 5 years. The SAAQ will also conduct a thorough review, and when the vehicle is returned, it must be equipped with an alcohol ignition interlock device for the 3 years following the revocation. This device must remain in the vehicle for life.
Imprisonment for Repeat Offenses
Imprisonment is a critical element that should not be taken lightly. It is predictable based on how the legal proceedings are initiated. If proceedings are initiated summarily, the jail sentence will be at least 18 months according to the Criminal Code. If the proceedings are initiated by indictment, the maximum imprisonment may reach 5 years.
Consult a Criminal Lawyer if Facing a Second Arrest for Drunk Driving
The above information provides a general idea of the legal consequences of a second impaired driving offense.
To learn more about your chances of success when facing charges, do not hesitate to contact the lawyers at Droit Criminel. Our experts will help you build your legal case to maximize your chances of a favorable outcome.
