Losing your licence because of an impaired driving conviction due to alcohol and/or drugs (including cannabis) can have a massively detrimental effect on your life, especially if you rely on driving to get to work or if you live in a rural area.
The Ontario Highway Traffic Act (HTA) creates punishments that are in addition to the Criminal Code fines and periods of imprisonment for impaired driving offences, including licence suspensions between 1 year for a first offence to a lifetime for a third offence. In addition to being subject to the suspensions, these drivers have to complete a remedial measures assessment and education or treatment program (for approximately 10 months), and also have to install an Ignition Interlock Device on their vehicles for between 1 year for a first offence to lifetime for a third offence (if the suspension period is reduced to 10 years). The Ignition Interlock Device is a leased breath alcohol monitoring machine wired into your vehicle’s ignition.
Possible Early Reinstatement of a Suspended Licence
If you meet certain conditions, The Highway Traffic Act allows for early reinstatement of a suspended licence with the installation of the Ignition Interlock Device. There are 2 “streams” to this program.
Program Availability
This program is available for persons:
- convicted of a first impaired or over 80 driving or refuse breath sample offence,
- that did not cause bodily harm or death, and
- did not involve drug impairment.
Program Eligiblity
In order to be eligible, you must:
- have a car;
- have valid insurance;
- not be under another suspension (such as for dangerous driving or a novice driver disqualification); and
- have your fines fully paid.
- 3 months minimum driver’s licence suspension
- Followed by a minimum Ignition Interlock Installation Period of 9 months
- Stream ‘A’ is only available if you plead guilty and are sentenced within 89 days of being charged.
- 6 months minimum driver’s licence suspension
- Followed by a minimum Ignition Interlock Installation Period of 12 months
Two of the requirements for both streams are to successfully complete the assessment component of the required remedial measures program and to establish proof of a lease agreement for an approved Ignition Interlock Device. Note that before the new law, the overall impact was 12 months of no driving plus 12 months of Interlock. Now it could be as low as 3 months of no driving plus 9 months of Interlock.
The difference between the two streams is that Stream A applies to those who plead guilty and are sentenced within 89 days of being charged. Stream B applies to those who plead guilty and are sentenced later or who lose at trial. Stream A only applies to those who have not been convicted of an Impaired Operation/Exceed 80mgs or Fail to Provide Breath Sample offence within the last ten (10) years.
There is much that is good about this new law, however a big concern is that innocent people, for example, those in rural areas, who depend on driving to get to work, buy groceries etc., will plead guilty, just to get their licences back sooner, or because 89 days often is not enough time to be able to assess whether a defence is available. Due to this tight time frame, it becomes critically important to retain a lawyer quickly and then make a decision when informed of all your options.
Consequences of Being Caught Driving with a ‘Warn Range’ 0.05 to 0.079 BAC
- 3 day licence suspension
- Administrative Monetary Penalty of $250 (begins January 2019)
- $275 licence reinstatement fee
- 7 day licence suspension
- Administrative Monetary Penalty of $350 (begins January 2019)
- Mandatory participation in Alcohol Education Program
- $275 licence reinstatement fee
- 30 day licence suspension (3 day suspension for commercial drivers)
- Administrative Monetary Penalty of $350 (starting January 2019)
- Mandatory participation in Alcohol Education Program
- At least 6 month Ignition Interlock licence condition
- Mandatory medical evaluation
- $275 licence reinstatement fee
Other Ontario Impaired Driving Penalties
Further fines, probation, weapons prohibitions, DNA orders, increased insurance and many other penalties are possible in addition to the basic fines and driver’s licence suspensions. The sooner we act the more we control the damage.
The consequences of driving impaired in Ontario are very serious. As well, Ontario’s drinking and driving laws are becoming progressively stricter. For example, in Ontario, a fully licenced driver will receive an immediate roadside licence suspension of three, seven or 30 days if he or she refuses to submit to a breath test or if during the breath test a Blood Alcohol Concentration (BAC) of 0.05 or more is recorded.
Drivers under the age of 21 years and novice drivers, who are not fully licenced, are allowed no alcohol whatsoever in their systems. If caught with any alcohol in their blood, these drivers would get an immediate 24-hour roadside licence suspension and then if convicted, the fully licenced driver who is 21 or under could receive a fine of up to $500 and a 30 day licence suspension. In addition to fines and potential jail time, a novice driver with an impaired driving conviction would also have his or her licence suspended and be required to return to the start of the Graduated Licence System.
The Province of Ontario has instituted automatic roadside licence suspensions that immediately remove suspected impaired drivers from the roads. Immediate roadside suspensions are also intended to act as a deterrent, in the hope that they will discourage drivers who have been caught drinking and driving from ever re-offending again. If a driver with a prior licence suspension should get caught again with a BAC in the ‘warn range’, i.e., a BAC of 0.05 to 0.079, the police can immediately suspend the impaired driver’s licence for seven days. For a third or subsequent occurrence of being caught driving with a BAC in the warn range, the offending driver’s licence will be immediately suspended for 30 days.
The Ministry of Transportation of Ontario does not recognize pardons. Therefore, despite having received a pardon for a previous drinking and driving offence, you will receive the same driving suspension as if you had not received a pardon. This can result in devastating consequences.
Also, if you have a conviction from certain States in the United States, such as Michigan or New York, in certain circumstances it may count as a “prior” in Canada.
An experienced lawyer can assist you in navigating through these rough waters. Often, simply timing when the accused finishes his/her file, can have a significant beneficial impact in reducing the length of driving suspensions.
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Education Call to the Bar, Ontario, 2018 J.D., University of Calgary, AB, 2017 M.Sc., Vrije University, Holland, 2009 B.A., (Honours) York University, 2006 Before joining Aitken Robertson, Yasmine worked at…
