Quebec will not impose penalties on drivers caught behind the wheel with blood alcohol levels between 0.05 and 0.08, Transport Minister Geneviève Guilbault has said, despite calls to do so from opposition parties, the Canadian Auto- mobile Association (CAA), Mothers Against Drunk Driving (MADD) and victims’ advocates.
Under the Criminal Code, drivers can face criminal charges if caught with a blood alcohol concentration (BAC) of 0.08 or higher. However, provinces can impose sanctions (such as traffic tickets or demerit points on a person’s licence) to drivers whose BAC is below the criminal threshold but still considered risky. In every province and territory except for Quebec and the Yukon, drivers risk penalties if caught with a BAC above 0.05.
The Institut national de la santé publique (INSPQ), Quebec’s public health research institute, has found that drivers with a BAC of between 0.51 and 0.8 face a risk of fatal accidents four times greater than that faced by sober drivers. “The risk of a fatal crash rises exponentially as BAC rises,” an INSPQ brief states, saying sanctions for drivers with a BAC in that range would “allow for gains in terms of the fight against drunk driving and save lives.”
Liberal transport critic Monsef Derraji tabled an amend- ment to the traffic code to lower the limit – an amendment that was ultimately rejected despite support from the Liberals, the Parti Québécois and Québec Solidaire. “I’m bitterly disappointed that the [Coalition Avenir Québec] voted against a decision … that was unanimously supported by research,” Derraji told reporters after the vote.
Marie Claude Morin is the Quebec spokesperson for Mothers Against Drunk Driving (MADD). She said MADD supports “immediate licence suspension” for drivers whose BAC is in the “warning zone” between 0.05 and 0.08. “Having measures [that take effect] at 0.05 is preventative – educate drivers before something happens, before they get arrested with a BAC of 0.16.”
Those opposed to the mea- sure, including the restaurant association Restauration Québec and some rural MNAs, have argued that in parts of the province without public transportation, people would have no way to get home after a few glasses of wine with dinner. “I’m not going to hide the fact it would impact our industry,” said Restauration Québec vice president for public affairs Martin Vézina. He said focusing on 0.05 was “missing the point.” He called for improved training for restaurant and bar staff and increased police surveillance. “If sanctions are in place and there’s no one to enforce them, people will ignore them,” he said.
Dominic Lemieux lost his partner Shellie Fletcher- Lemieux, daughter Emma Lemieux, stepson Jackson Fortin and father-in-law James Fletcher in a crash caused by a highly intoxicated driver in Beauport in 2021. He said any measures that would help drivers “be responsible and plan better” after a few drinks are a step forward. He pointed out that drivers weren’t necessarily aware of what the legal limit was, and said more police surveillance, both outside bars and on the roads, might keep people from taking the wheel drunk. “Anything we can do to stop one person drinking and driving is worth it,” he said.