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Drinking and Driving
Consequences of conviction
- Penalties
- U.S. and foreign residents
- Criminal record
- Travel to the U.S.
- Insurance premiums
- 90-day suspension
- Licence reinstatement
- Ignition interlock
- Vehicle forfeiture
Penalties
If you've been charged with drinking and driving, that is, over 80, impaired operation or care or control of a motor vehicle, or refuse to provide a suitable breath sample, you are liable to the following penalties upon conviction:
For a first offence: a minimum fine of $1,000; a minimum one-year driving prohibition; in some provinces (not Ontario), you may be able to drive after three months if you install an alcohol ignition-interlock device.
For a second offence: a minimum jail sentence of 30 days; a minimum driving prohibition of two years; in Ontario, a three-year licence suspension if the prior conviction was registered within the last 10 years (the suspension starts upon conviction); in some provinces (not Ontario), you may be able to drive after six months if you install an alcohol ignition-interlock device.
For a third offence: a minimum jail sentence of 120 days; a driving prohibition of at least three years; in Ontario, a life-time suspension if the prior convictions were registered after September 30, 1993, and all convictions occur within 10 years of each other; after completion of assessment and a remedial program, a life-time suspension may be reduced to 10 years from the date of conviction; in some provinces (not Ontario), you may be able to drive after 12 months if you install an alcohol ignition-interlock device.
Four or more convictions: If you are convicted of a fourth or subsequent offence your licence will be permanently suspended in Ontario with no possibility of reinstatement; in some provinces (not Ontario), you may be able to drive after 12 months if you install an alcohol ignition-interlock device.
Other driving offences and out-of-province convictions: In Ontario, convictions (or discharges) registered after September 30, 1993, for dangerous driving, flee police and fail to remain at the scene of an accident are also taken into account in determining the number of previous convictions. Convictions from other provinces are also considered. Convictions or discharges for dangerous driving, flee police and fail to remain will result in licence suspension in Ontario in the same way as a conviction for a drinking and driving offence.
Multiple convictions: in Ontario, if you are convicted of two or more Criminal Code driving offences relating to the same incident, such as Impaired Driving and Refuse Breath Sample, your licence will be suspended as if there had been a single conviction. Thus, if you have no prior convictions, you will lose your licence for one year only. (This is so even if the offences relate to separate incidents occurring the same day, such as Fail to Remain at the Scene of an Accident or Dangerous Driving followed by a drink drive charge, provided the convictions are entered the same day at the same court.) However, if the offences arise out of separate incidents on different dates your licence will be suspended for one year for the first conviction and three for the second. The suspensions run from the conviction date and are not consecutive. (Exception: a suspension for Drive Disqualified runs consecutive to any other suspensions.)
Twice the legal limit: The courts may impose a harsher penalty on drivers who register a blood alcohol level in excess of 160 mg per cent, that is, over twice the legal limit.
Note: The court-imposed driving prohibition runs concurrently with the licence suspension that kicks in automatically under provincial law so that, for example, a one-year prohibition for a first offence expires at the same time as the one-year suspension in Ontario. The suspension and prohibition commence upon conviction. However, the length of the prohibition is increased by any jail term to which the offender is sentenced. The provincial driving suspension is extended (at least in Ontario) so that it ends at the same time as the prohibition.
United States and foreign residents
Under reciprocity accords, a New York State or Michigan driver's licence will be suspended following a conviction in Ontario for drinking and driving in Ontario.
Authorities in other states could be informed if drinking and driving charges are laid in Canada against the holder of a U.S. driver's licence. For example, in Ontario, police could seize the driver's licence of an American charged with driving with excess alcohol or refusal to provide a breath sample. On receiving the licence, the Ontario Ministry of Transportation will return it to the department of transportation for the issuing state and advise it of the reason for the seizure.
If you are a U.S. citizen or visitor to Canada convicted of a drinking and driving offence in Canada, see information on immigration impact.
Criminal record
If you are convicted of drinking and driving, your fingerprints and photographs will be retained by the RCMP in Ottawa. And if you're ever pulled over again, your record may show up when police run a routine check.
A conviction also means you will have a criminal record which could hurt your employment and restrict your ability to travel. However, it should not prevent you from visiting the United States as generally it is not a crime of moral turpitude under U.S. immigration law.
Travel to the United States
If you are planning a trip to the U.S., as a precaution carry a certified true copy of the information (court document) relating to the conviction and a copy of the Criminal Code section under which you were convicted.
It would be wise also to have a letter from your doctor stating you are not addicted to alcohol or drugs. If available, bring a certified true transcript of the evidence underlying your conviction as well.
Insurance premiums
Your motor vehicle insurance rates will skyrocket after a conviction. In Ontario, you will probably be required to insure with Facility Association, which insures high-risk drivers and exacts high premiums. For each of the three years following your conviction, Facility Association will levy a 100 per cent surcharge atop your premiums. It will impose more surcharges, up to a maximum of 250 per cent, for other convictions relating to the same incident, such as careless driving or fail to remain at the scene of an accident. Each insurance company has its own conviction surcharge schedule.
Administrative driver's licence suspension
Ontario drivers who register a blood-alcohol reading of over 80 mgs. in 100 ml. of blood or refuse or fail to provide a breath sample, have their licence immediately suspended for 90 days. Other provinces have similar schemes. The 90-day suspension is not a criminal penalty; no finding of guilt is required before it takes effect.
In Ontario, the Ministry of Transportation mails you a reinstatement notice eight days before the end of the suspension period. To get your licence back you must attend at a Ministry of Transportation office with two pieces of government-issued ID to confirm your identity and pay a $150 "monetary penalty."
The suspension may lead to imposition of an insurance surcharge. In Ontario, if you successfully defend the charge that led to the suspension, provide a certified copy of the information (charging document) to your insurance company. Upon renewal of your policy, the surcharge should be removed.
Licence reinstatement
In Ontario, persons convicted of drinking and driving offences must complete a remedial program at a cost of $578 plus GST before licence reinstatement.
First offenders and repeat offenders (persons with a prior conviction in the last 10 years) must be assessed and finish an 8-hour education program or 16 hours of treatment. A follow-up interview is conducted six months later, with the result that the program takes about eight months to complete. You are advised to commence the program early to ensure licence reinstatement without delay upon lapse of your licence suspension and driving prohibition.
If you have completed the remedial program and paid the $150 reinstatement fee, the Ministry of Transportation mails you a new licence at the end of the suspension period.
For more information see Back on Track.
Ignition interlock
Anyone convicted in Ontario of a drinking and driving offence committed after December 22, 2001, must install an ignition interlock in their vehicle once their driving privileges are restored. Before starting the car, the driver will have to blow into the device. If an impermissible level of alcohol is detected, the car will not start.
Persons convicted of a first offence have to use the device, which rents for about $100 a month, for at least one year; those convicted of a second offence can apply to have it removed after three years. Note: You can avoid the ignition interlock requirement by delaying the resumption of driving until after the one or three year period has passed.
A driver with more than two convictions must install the device permanently.
Avoid apple fritters
Avoid apple fritters and bagged carrots if you have to drive with an interlock device. It appears that foods capable of even slight fermentation produce enough mouth alcohol to trigger the interlock. Also keep away from alcohol-based mouthwash or spray and breath fresheners.
Vehicle forfeiture
In Ontario, under an amendment to the Civil Remedies Act that took effect February 20, 2008, anyone whose licence has been suspended two or more times in the past 10 years for an alcohol-related driving crime is liable to have his or her vehicle forfeited to the Crown.