- DUI Nightmare. Can you still drive after you’ve been charged with a DUI in Ontario? How about after you’ve been convicted of a DUI in Ontario?
- That’s what i’m going to cover in this article.
- I’m Dan Joffe, DUI lawyer at NextLaw. On our YouTube channel, we discuss all legal issues related to DUI charges. Please give this video a thumbs up and subscribe for more content like this.
- Let’s get started
DUI Charges vs. Convictions: Driving Impact
- First, let’s understand your driving privileges in the context of a DUI charge vs a DUI conviction because they are very different.
- When you’re charged with a DUI in Ontario, there is an immediate impact on your ability to drive.
- And this is true regardless of the DUI charge, which could be Impaired Driving by Alcohol or Drug, Over 80 and/or Refusal to Take a Breath Test.
- First, the police will impound your vehicle for a minimum of 7 days.
- And second, your driver’s license will be immediately suspended by the province of Ontario for 90 days. This is known as an “administrative license suspension.”
- You cannot drive during this 90-day suspension.
- And this is true even if you have urgent work or personal needs.
Innocence & DUI: Driving Restrictions Explained
- A common question at our law firm is how can driving restrictions be legal when the law presumes an individual innocent until proven guilty?
- Section 11(d) of the Charter of Rights and Freedoms states that anyone charged with an offence has the right “to be presumed innocent until proven guilty according to the law in a fair and public hearing by an independent and impartial tribunal.”
- But in the case of impaired driving, the lawmakers decided that public safety considerations justify imposing this 90-day driving restriction on those charged with a DUI.
- Ultimately, they believe it represents a reasonable balance between an individual’s right to a fair trial and the necessity to protect the public from impaired drivers.
License Suspensions After DUI Convictions
- Now, let’s discuss the impact of a DUI conviction on your ability to drive.
- Driving restrictions are defined in Canada’s Criminal Code and depend on if you have prior impaired driving convictions.
- For a first DUI conviction, the driving suspension is a minimum of 1 year to a maximum of 3 years.
- For a second conviction, it’s a minimum of 2 years to a maximum of 5 years.
- And for a third conviction, the minimum suspension is five years, but there is no limit on the maximum suspension period in this case. That decision will is left to the discretion of the Judge.
Drive During Suspension: Interlock Programs
- These driving suspensions can devastate people who need to drive for work.
- And it is in this context that the government put in place exceptions where you can drive during these suspension periods.
- In Ontario, this program is called the “Ignition Interlock Program.
- This program is only for DUI convictions related to alcohol and not impairment by drug.
- The most popular interlock program is known as Stream A.
- This is where you enter a guilty plea within 90 days of your arrest.
- This guilty plea would need to be coordinated with the crown and will usually not be opposed by the Judge.
- Ultimately the Ministry of Transportation of Ontario is the final decision maker on whether you qualify.
- If you qualify, you will have a driving suspension for 90 days after your guilty plea.
- And then you can drive after 90 days as long as you install an interlock device in your vehicle, which needs to be in place for 9 months.
Can You Drive in Ontario After Being Charged with a DUI?
If you are charged with a DUI in Ontario, you cannot drive during the 90-day administrative license suspension imposed by the province. This applies to all types of DUI charges, including Impaired Driving by Alcohol or Drug, Over 80, and Refusal to Take a Breath Test. During this time, your vehicle will be impounded for a minimum of 7 days. It's important to note that even urgent work or personal needs will not be considered as a valid reason to drive during this period.
What Happens to Your Driving Privileges After a DUI Conviction in Ontario?
If you are convicted of a DUI in Ontario, your driving privileges will be impacted depending on your number of prior convictions. For a first DUI conviction, the driving suspension is a minimum of 1 year to a maximum of 3 years. For a second conviction, it's a minimum of 2 years to a maximum of 5 years. And for a third conviction, the minimum suspension is five years, but there is no limit on the maximum suspension period in this case. However, if you are eligible, you may be able to drive during the suspension period by enrolling in the 'Ignition Interlock Program,' which requires you to install an interlock device in your vehicle and meet other program requirements.
