Driver’s licence suspension for impaired driving: what can be done to recover it?

Driver’s licence suspension for impaired driving: what can be done to recover it?

Driving while impaired by alcohol is a dangerous game that can result in severe penalties. These generally include a suspension of your driver’s licence. To recover a licence, the driver will have to go through a series of steps to assess his ability to get back behind the wheel and the risk of recidivism. Here is an overview of the steps you can take to get your driver’s licence back after a drinking and driving conviction.

Getting your driver’s licence back after a suspension for impaired driving

After the suspension of their licence for impaired driving, the driver will have to go through the Programme d’évaluation et de réduction du risque de conduite avec les capacités affaiblies (PERRCCA) to recover it. During this assessment, the driver will be asked a series of questions that will determine the risk of recidivism. In the event of a positive assessment, the driver must follow the Alcofrein program, which is designed to make them aware of the risks of driving under the influence of alcohol.

On the other hand, if the assessment is unfavourable, the driver will have to follow a 6-9 month supervision plan. When he recovers his licence, he will have to install an alcohol interlock device on his vehicle for one year. If the penalty is imposed following driving with an alcohol level of 16 mg or more per 100 ml of blood, the duration will be two years.

Obtain a restricted driving licence under various conditions

If the driver convicted of impaired driving is required to drive to work with a vehicle, a restricted licence may be issued subject to conditions.

Who can obtain it?

A restricted licence may be issued to a driver who must travel to work with a vehicle except:
  • if the driver has another sanction on file or has a medical condition that would interfere with driving;
  • if the driver only holds a motorcycle licence (class 6) or a taxi licence (class 4C);
  • if the suspended licence was a learner’s licence.

What are the steps to follow?

To obtain a restricted licence, the driver will have to wait until the end of the mandatory driving prohibition period, unless he or she has a court order indicating otherwise. He will then have to sign a service contract for the installation and rental of an alcohol interlock device, then submit this contract to the SAAQ to pay the required fees and obtain his restricted permit before installing the device on his vehicle.

What are the conditions for keeping it?

Once a restricted licence has been issued, the driver will have to comply with certain conditions to keep it, failing which they will be subject to serious penalties: driving without any alcohol in the body and complying with the conditions of use and maintenance of the ignition interlock device.

Defend your rights after a driver’s licence suspension for impaired driving

Getting your driver’s licence back after a suspension for impaired driving is no simple matter. This process may be a deterrent, but it simply aims to avoid the risk of recidivism. Before starting the process of recovering a licence, it is a good idea to ensure that your rights are protected. The lawyers at Riendeau Avocats put their knowledge of the Criminal Code and the Highway Safety Code at the service of your defence. Do not hesitate to contact us for more information.

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