Drinking And Driving Offences: Some Surprising Consequences Upon Arrest And Conviction

Published:

Since 1995, the Ontario government has introduced tough measures against drinking and driving. These include:

  • Immediate licence suspension
  • Stiff fines
  • Mandatory alcohol education and treatment
  • Longer suspension periods
  • Ignition Interlock program

These measures when coupled with the minimum sentences that are proscribed by the Criminal Code of Canada upon conviction, the consequences can be quite severe.

Immediate Licence Supsension

Drivers who are impaired, provide a breath sample over the legal limit (.08) or refuse a breath test will have their driver’s licence suspended immediately for 90 days under Ontario’s Administrative Driver’s Licence Suspension (‘ADLS’) Program. The 90 day suspension applies regardless of any criminal charges that a person may face in court. If you are charged and found guilty of an impaired related driving offence under the Criminal Code of Canada, you do not get credit for any portion of the 90 day suspension that you have served before being found guilty; that is, any subsequent suspension that may be imposed is in addition to the 90 day automatic suspension.

Consequenced Of Conviction

A conviction for a drinking and driving related offence under the Criminal Code of Canada results in a driver’s licence suspension under the Highway Traffic Act and a driving a prohibition under the Criminal Code prohibiting the operation of a motor vehicle. The minimum penalties are:

Consequences under the Highway Traffic Act

First Offence

  • 1 year licence suspension
  • remedial measures program
  • minimum 1 year ignition interlock

Second Offence

  • 3 year licence suspension
  • remedial measures program
  • minimum 3 year ignition interlock

Third Offence

  • lifetime licence suspension
  • (reducible to 10 years if remedial measures requirement and other conditions met)
  • Ignition interlock for life if suspension reduced

Fourth & subsequent offence

  • lifetime licence suspension
  • No possibility of reinstatement

Consequences under the Criminal Code

First Offence

  • 1 year driving prohibition
  • $600 fine

Second Offence

  • 2 year driving prohibition
  • 14-day jail sentence

Third Offence

  • 3 year driving prohibition
  • 90-day jail sentence

Fourth & subsequent offence

  • Same as third offence

There are no exceptions to the prohibition or suspension of your driver’s licence. You will not be able to drive for any reason. If you are caught driving while your licence is suspended for a Criminal Code conviction you will face additional charges under the Highway Traffic Act or Criminal Code.

Mandatory Alocohol Education And Treatment Program

For offences that take place on or after September 30, 1998 the Highway Traffic Act requires convicted impaired drivers to successfully complete “Back on Track”, Ontario’s Remedial Measures Program before their licences can be reinstated.

Participants must pay a fee of $475 (plus GST) to cover the cost of the program. It is highly recommended that people register immediately upon conviction as the program can take up to 11 months to complete and there may be a waiting list.

Drivers who fail to successfully complete all components of the “Back on Track” program before the end of their suspension period will not get their licence back until they complete the program and satisfy all other requirements for licence reinstatement.

Ignition Interlock

An Ignition Interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a preset limit of .02.

If you are convicted of an impaired driving offence committed on or after December 23, 2001 you are subject to Ontario’s Ignition Interlock Program. After serving the current provincial sanctions, including licence suspensions and mandatory remedial program, those eligible to have their driver’s licences reinstated will have an ignition interlock system condition placed on their Ontario driver’s licence for at least one year. This condition requires any vehicle you drive be equipped with an approved ignition interlock device.

If you are subject to an ignition interlock condition you are responsible for all installation and maintenance costs for the device.

If you choose not to install a device you must not driver until the condition is removed from your licence.

When the condition period is over, you must apply to the Ministry of Transportation to have it removed from your licence.

Once all preconditions have been met, you must apply to have your licence reinstated. Not surprisingly, there is a fee charged by the Ministry of Transportation to have your licence reinstated.

 

The foregoing should not be considered to be legal advice and should not be relied upon as such. Please consult a lawyer to get advice and an opinion on your unique circumstances.