Criminal Licence Suspensions

Licence suspensions under the Ontario Highway Traffic Act are suspensions under provincial traffic law.

These suspensions are usually as the result of:

• unpaid fines
• convictions for traffic tickets
• Stunt Driving Charges
• Family Responsibility Act judgements
• Administrative Licence Suspensions (ADLS)
• Motor Vehicle Accident Claims Act judgements, and
• medical licence suspensions

Licence suspensions under the Highway Traffic Act are usually for 6 months.  In the case of unpaid fines, medical, accident claims and family responsibilities the suspension ends when the issue is corrected.

Should a driver be charged with driving while suspended under the Highway Traffic Act of Ontario the penalties can be:

• six months in jail
• fine up to 5000 dollars
• further licence suspensions
• the vehicle may be seized

Drivers do not receive a criminal record for driving under suspension under the Highway Traffic Act.

There are two distinct categories of criminal licence suspensions:

• Mandatory Criminal Licence Suspensions: These suspensions are mandated directly by the Criminal Code of Canada. In such cases, the judge or court has no authority to modify the suspension, and there is no process for appeal or dispute. During the period of mandatory suspension, the driver is legally prohibited from driving.

• Court-Ordered Licence Suspensions: These are additional suspensions imposed at the discretion of a judge. While the judge decides whether to enforce this type of suspension, it is important to note that these are supplementary to any mandatory suspension already in place.

Criminal driving prohibitions, apply to the operation of any motor vehicle as defined in the Criminal Code of Canada.

Under the Highway Traffic Act of Ontario your licence will be suspended immediately for ninety (90) days under the Administrative Driver’s Licence Suspension (ADLS) when;

• If your Blood Alcohol Concentration (BAC) is more than 80 milligrams in 100 millilitres of blood (.08) and the police charge you with Drive over 80 mgs.

• If you fail or refuse to give a breath, blood, oral fluid or urine sample when asked by police can are charged with refusing a breathalyzer test.

• If you fail or refuse to perform physical coordination tests or to submit to a drug evaluation when required by police.

This suspension takes effect while you are still at the roadside or at the police station. It is an administrative suspension and is separate from any criminal charges or prosecution that may also take place.

An administrative monetary penalty is also imposed on drivers who receive an ADLS of a one hundred and eighty (180) dollar licence reinstatement fee.

Where a driver has been charged with a drinking and driving offence and after the ninety (90) days have past the driver can get their drivers licence back while awaiting trial.

The penalties for driving while prohibited due to Criminal Code offences include:

• First Offence: Drivers convicted for the first time of a Criminal Code offence will face a one-year license suspension.

• Second Offence: A second conviction under the Criminal Code results in a three-year prohibition of the driver’s license.

• Third Offence: A third conviction leads to a lifetime prohibition, with a possibility of reinstatement after 10 years.

• Fourth and Subsequent Offences: Conviction for a fourth time (or more) results in a lifetime driving prohibition with no possibility of reinstatement.

Convictions and their corresponding prohibitions remain on a driver’s record/abstract for a minimum of ten years. However, the court holds the discretion to order longer suspensions if it deems necessary for the public safety.

License suspensions can be imposed for convictions of various Criminal Code offences, including but not limited to:

• Driving or having control of a vehicle while impaired by alcohol or drugs.
• Refusing to submit to a breath test for alcohol.
• Failing or refusing to provide a breath sample for roadside testing.
• Driving with a blood-alcohol concentration exceeding 80 milligrams per 100 millilitres of blood (0.08).
• Operating a boat, whether motorized or not, with a blood-alcohol concentration above 0.08.
• Fleeing the scene of a collision to avoid criminal or civil liability.
• Dangerous driving
• Causing bodily harm or death by criminal negligence.
• Failing to stop for police.

These penalties underscore the severity with which the legal system treats driving-related offences, emphasizing both punishment and public safety. Drivers licence prohibitions for Criminal Code of Canada offences are kept on the driving record/abstract for ten (10) years.

There are several types of remedial measures.

The mandatory Back on Track program is for all drivers convicted of impaired driving-related Criminal Code offences.

For drivers who repeatedly blow in the warn range of .05 to .08, there is a mandatory alcohol education for a second suspension, which must be completed within 120 days of the suspension, or an alcohol-treatment program for a third or subsequent suspension.

A driver improvement interview is required for drivers convicted of non-impaired driving-related Criminal Code offences.

If your driver’s licence has been suspended because of a Criminal Code conviction, your licence will remain suspended until any remedial requirements have been completed.

Nick, Just want to let you know, I just completed the Back on Track assessment in Barrie and am doing the one day course in Toronto on Thursday.  So I will be good to drive come October 28.  Both the Back on Track in Barrie and Toronto, were shocked at the fact that you got my licence back so soon on a second offence.  The both said they had never seen that before…  Thanks Again! Nathan B. Toronto

An ignition interlock device is an in-car, breath-screening device.

It prevents a vehicle from starting if a blood-alcohol concentration is over a pre-set limit of 20 milligrams of alcohol per 100 millilitres of blood (.02).

If you are convicted of an impaired driving offence under the Criminal Code of Canada, your licence can be reinstated:

• after serving licence suspension,
• completing a mandatory remedial measures program and
• meeting all licensing conditions,

You will be eligible to have your driver’s licence back. At that time:

• an ignition interlock condition (i) is placed on your Ontario driver’s licence, and
• you must install an ignition interlock device in your vehicle.

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

Drivers caught without a required ignition interlock device will have their cars impounded for seven days. If you are required to complete a road test while the ignition interlock condition is on your licence, you must complete a road test in a vehicle equipped with the device.

Once completed you must apply to the Ministry of Transportation to have the condition removed from your licence. If you do not apply for removal of the licence condition, it will remain on your licence indefinitely.

If you have completed the minimum period (one year or three years) without any program violations such as tampering or driving without an appointment with the service provider, the ignition interlock condition will be removed.

As a vehicle owner, you must not allow a person with an ignition interlock condition to drive your vehicle or you could be convicted of an offence under the Highway Traffic Act. You can find out if a driver has an ignition interlock condition on his or her licence by accessing MTO’s website at www.mto.gov.on.ca or by calling 1-900-565-6555. There is a fee for each licence check.

If your driver’s licence has been suspended for driving in the warn range of .05 to .08 for a third or subsequent time in a five-year period, you will also have an ignition interlock licence condition placed on your licence for 6 months. More information on the Program is available on the MTO website.

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