How do I get my Driver’s Licence Reinstated if I’ve been Convicted for Drinking and Driving?

If you have been convicted of either Impaired Driving or Over 80 under the Criminal Code of Canada, getting your driver’s licence reinstated can be a confusing process. The fact that you are convicted of an offence under the Criminal Code and yet your driver’s licence is suspended pursuant to the Ontario Highway Traffic Act can create further confusion for the average person who is unfamiliar with our legal system.

Do I have to Drive with an Ignition Interlock device if I was Convicted of Drinking and Driving?

To avoid any confusion, if you have been convicted of either Impaired Driving or Over 80, you do not have to participate in Ontario’s Ignition Interlock Program to get your driver’s licence reinstated. However, you should know that while it is not mandatory that you participate in the Interlock program, one component that is mandatory is the Back on Track program. This program costs about $600, and if you do not complete the Back on Track program before your licence suspension has ended you will be subject to a further licence suspension under the Highway Traffic Act.

How long will my Driver’s Licence be Suspended if I am Convicted of Drinking and Driving?

A criminal conviction for Impaired Driving or Over 80 carries a penalty 1-year driver’s licence suspension under the Ontario Highway Traffic Act. This 1-year licence suspension is in addition to the mandatory minimum fine of $1,000 under the Criminal Code.

How soon can I get my Driver’s Licence Reinstated?

Where you have been convicted for drinking and driving and your licence has been suspended for a period of 1 year, there are a couple options available to you.

1. You may qualify for a reduction to the 1-year licence suspension pursuant to s. 41(4.1) of the Highway Traffic Act. In these circumstances your driver’s licence will be reinstated and you must install an Ignition Interlock device in your vehicle for a period of 1 year.
2. Where you do not qualify for a reduction to your licence suspension, you must wait the full year before you can apply to have your driver’s licence reinstated.

In an effort to provide a reduced suspension period for some first-time offenders, the Government of Ontario introduced the Ontario Ignition Interlock program. Sections 41, 41.1 and 41.2 of the Ontario Highway Traffic Act all deal with driver’s licence suspensions, reinstatement of a driver’s licence, and the Ignition Interlock Program.

Once your driver’s licence has been reinstated, whether that be after a 1-year suspension or by a reduced suspension, you will have a condition on your licence that requires an Ignition Interlock device be installed in any vehicle you drive. The letter “I” will appear under the Conditions section of your driver’s licence. If you do not qualify for a reduced suspension period and you choose not to install an Ignition Interlock device after your 1-year suspension, you will not be eligible to drive for the 1-year period that the Interlock condition is placed on your licence. You must apply to have the condition removed from your driver’s licence after 1-year, the condition will not be automatically removed.

For those individuals who cannot afford to install the Ignition Interlock device, they are essentially prohibited from driving for at least 2 years, notwithstanding that the upon being convicted of drinking and driving the penalty is a 1-year licence suspension.

Example

If you were convicted of impaired driving on April 1, 2014, you may qualify for a reduced suspension period under s. 41(4.1) and get your licence reinstated as early as July 1, 2014. If you got a reduced suspension period and got your licence reinstated on July 1, 2014, you would then be required to install an Interlock device for a period of 9 months.

If you were convicted of impaired driving on April 1, and you did not qualify for a reduced suspension period, your licence would be suspended until April 1, 2015. Once your licence suspension is complete you will have the Interlock condition on your licence for a period of 1 year. From April 1 2015 to March 1 2016 you would have to drive a car equipped with an Ignition Interlock device.

If you were convicted of impaired driving on April 1, 2014 and you did not qualify for a reduced suspension and you did not wish to install an Ignition Interlock device, then your licence would be suspended for 1 year and you could not drive for an addition year while the Interlock condition is on your licence. Thus, you would not be able to drive until at least April 1, 2016.

Contact

Drinking and driving is a criminal offence, and it is one that our criminal justice system takes very seriously. If you have been charged with Impaired Driving contact me today.

Read more about the implications of a conviction for impaired driving.

Click the links for more information on Impaired Driving/Over and Refusing to Provide a Sample.

Here is a link to the Government of Ontario for more information on the Ignition Interlock Program.