Quebec is considering lowering the legal blood alcohol concentration (BAC) limit for drivers to 0.05% from the current 0.08%. Several organizations, including MADD Canada and the Surete du Quebec (Quebec equivalent to New York State Police), support this proposal and have been advocating for this change. Lowering the limit to 0.05% is seen as a way to reduce impaired driving-related deaths and injuries.

While the Criminal Code of Canada sets a uniform BAC limit for criminal charges, each province and territory has the authority to implement additional administrative sanctions at lower BAC levels.

At the federal level, the legal BAC limit is 0.08%; above that, a driver can face criminal charges for impaired driving. However, it’s crucial to understand that some provinces and territories have implemented stricter administrative limits, often set at 0.05% or lower. These lower limits trigger immediate roadside suspensions and other penalties, even if they don’t result in criminal charges.

The 0.08% BAC limit is a crucial component of Canada’s federal DUI laws, which are designed to create a consistent baseline for criminal charges related to impaired driving across the country.

When a driver’s BAC meets or exceeds this level, the driver can be charged with a criminal offense under the Criminal Code. It’s important to note that this federal limit applies to all drivers operating motor vehicles, vessels, aircraft or railway equipment.

Under federal law, penalties for exceeding the 0.08% BAC limit can be severe. First-time offenders face a mandatory minimum fine of $1,000, with the potential for imprisonment. Repeat offenders face progressively harsher penalties, including longer prison sentences and longer driving prohibitions.

The Criminal Code in Canada also provides for aggravated penalties in cases where impaired driving results in bodily harm or death.

Provincial Penalties add another layer of consequences, often kicking in at lower BAC levels (typically 0.05%) and providing immediate roadside sanctions. These administrative penalties vary by province but generally include:

1. Imposing immediate license suspensions ranging from 24 hours to 7 days in most provinces for BAC levels between 0.05% and 0.08%.

2. Vehicle Impoundment: Many provinces include vehicle impoundment as part of their administrative sanctions.

3. Administrative monetary penalties are common

4. Mandatory education or treatment programs

5. Ignition Interlock Program for higher BAC levels or repeat offenses

6. Escalating penalties for repeat offenders

It’s important to note that provincial penalties are in addition to federal criminal charges and penalties that might apply, meaning that a driver could face both immediate provincial sanctions and longer-term federal consequences for the same incident.

Despite the calls for change, the Quebec government has not yet implemented the lower BAC limit. However, public opinion polls have shown a majority of Quebecers support lowering the BAC limit to 0.05%. New York state should consider it as well.