A conviction for an alcohol-related driving offence (impaired driving (DUI), over 80, or refusal to provide a breath sample) results in a licence suspension for at least 12-months. The driving suspension could be longer than 12 months depending on if you have a prior record for alcohol-related driving offences, or if your case has serious aggravating factors.
The Ontario Ministry of Transportation (MTO) also suspends a driver’s licence when convicted of an alcohol-related driving offence. The Criminal Code and MTO suspension may be different lengths. The MTO allows for a reduction of the licence suspension by entering their Ignition Interlock Conduct Review Program. The MTO has created Stream A, Stream B and Stream D, as three different options to reduce the mandatory driving suspension.
Stream A: A first-time offender pleads guilty within 90 days of the offence date is eligible for Stream A (during COVID, the timeline is currently 282 days from the date of the offence). Once the initial 90-day suspension is completed, you can have your licence reinstated but you are only permitted to drive with an ignition interlock device until the end of your driving suspension (if you received a 12-month suspension, you would be required to have an ignition interlock device for 9 months).
Stream B: A first-time offender who pleads guilty or is found guilty but the conviction is more than 90 days after the offence is eligible for Stream B. After 6 months of the 12-month driving prohibition, you can be permitted to drive with an ignition interlock device in your vehicle until the end of your driving suspension (if you receive a 12-month suspension, you would be required to have an ignition interlock device for 6 months).
Stream D: A second-time alcohol-related driving offender who pleads guilty within 90-days of the offence, can enter stream D. After 9-months of the driving suspension, you can drive with an ignition interlock device until the end of your driving suspension.
If you or someone you know has been charged with an alcohol-related driving offence, please contact the lawyers of Lockyer Zaduk Zeeh.