Can I Keep Driving After a DUI Conviction in Ontario?
“A question many of our clients ask us is 'can I keep driving if I get convicted of DUI?'" says TorontoDUI co-founding partner Jeff Mass . “Our initial response typically informs them that the penalties for doing so are as harsh, or harsher, than they will be for a DUI conviction. However, we then inform them that Ontario has a program that provides some DUI offenders with restricted driving privileges, especially if they agree to plead guilty to the charges."
TorontoDUI co-founding partner Robbie Tsang notes that “by pleading guilty, they negate their right to challenge the DUI charges in court, and quite possibly keep their driver's license and avoid the criminal record and other penalties that come with a guilty plea. Clients can certainly explore this option," he continues, “but we generally don't recommend making a guilty plea unless the Crown's evidence is irrefutable."
While we like to steer clear of guilty pleas, let's look at Ontario's reduced license suspension program.
The Reduced License Suspension Program is Conditional
You already know that this reduced license suspension is partly conditioned on agreeing to plead guilty. It's also conditioned on the offender's willingness to essentially blow into a breathalyzer every time they drive, in exchange for license reinstatement. Another key factor to understand is that the offender's license will still be suspended for a period of three to nine months before reinstatement. This is implied in the name of the program: Reduced Suspension with Ignition Interlock Conduct Review Program.
What is the Ignition Interlock Program?
If you're not familiar with the ignition interlock device and related programs , anyone convicted of DUI in Ontario must use one for a set period before their driver's license is reinstated. The device itself is an in-vehicle breathalyzer that prevents cars from starting if it detects a blood alcohol concentration (BAC) above the prescribed limit of 20 mg of alcohol per 100 ml of blood. The device can also randomly request breath samples while driving. If the driver fails to comply or exceeds the 0.02 BAC limit, the device will activate the car's lights and horns in an alarm-like manner until the driver pulls off the road and turns off the ignition.
Whether as part of your license reinstatement after fulfilling all sentence conditions or the reduced suspension program, conditions are stringent. Violating any of the conditions can lead to program expulsion or an extension of program participation. Tampering with the device is typically an expulsion offence, while blowing over 0.02 BAC when trying to start the car can lead to a three-month extension.
Oh, and you're on the hook for program costs, which can range from $1,500 to $2,000 per year.
Eligibility for Reduced License Suspension
Eligibility for the reduced license suspension program is multilayered. However, in general, the following applies:
- First-time DUI offenders who plead guilty may enter the program after their license has been suspended for three months, after which they must use the ignition interlock system for nine months.
- First-time offenders convicted by the court may enter the program after their license has been suspended for six months, after which they must use the ignition interlock system for one year.
- Second-time DUI offenders may enter the program after their license has been suspended for nine months, after which they must use the ignition interlock system for 18 months.
Eligibility in the program is not available to those who:
- Were convicted of a DUI causing bodily harm or death.
- Were convicted of a DUI offence involving drugs or a combination of drugs and alcohol.
- Have been convicted of a driving while disqualified offence within five years of a first-time DUI conviction, or within 10 years of a second-time DUI conviction.
- Were subject to an ignition interlock licensing condition when arrested for the DUI.
- Are subject to a court order denying authorization to drive with an ignition interlock device.
Comparison Table – DUI Suspension & Interlock Program Eligibility
| Offender Type | License Suspension | Ignition Interlock Duration | Program Entry Condition |
|---|---|---|---|
| First-time (pleads guilty) | 3 months | 9 months | Must plead guilty |
| First-time (court conviction) | 6 months | 1 year | Must complete sentence |
| Second-time offender | 9 months | 18 months | Only if not disqualified or excluded |
| Convicted of DUI with injury/death | Not eligible | Not eligible | Excluded by law |
| DUI involving drugs or drug+alcohol | Not eligible | Not eligible | Excluded by law |
| Caught driving while disqualified | Not eligible | Not eligible | Excluded if within 5/10-year window |
| Under court order banning interlock | Not eligible | Not eligible | Denied by court restriction |
Driving After DUI Conviction: FAQs
Can I ever drive again after a DUI?
Unless you've been convicted of a fourth-time DUI or DUI causing death, you should be able to drive again legally. In general, a first-time DUI leads to a one-year license suspension, while a second DUI results in a three-year suspension. A third DUI conviction carries a lifetime suspension, though there is a process to have it repealed after 10 years.
How long does a DUI stay on your driving record in Canada?
Provinces differ in how long they retain DUI convictions on driving records, with most maintaining them for between five and seven years. In Ontario, a first-time DUI is removed from the driving record after three years, while subsequent DUIs are retained on the record for a minimum of five years.
Will a DUI ruin my life in Canada?
Not if you lawyer up and successfully fight the charges. Otherwise, should you plead or the court convicts you, the harsh penalties and other consequences may negatively affect your freedom, finances, employment, education, travel options, social life, and other elements of your day-to-day life. The extent to which it might “ruin" your life will depend on the type of charges and on your own subjective assessment. A third-time DUI or DUI causing injury or death will result in much harsher penalties than a first-time DUI and would likely be more ruinous.
What is the most common sentence for a first-time DUI?
Standard penalties for a first-time DUI with no aggravating factors are:
- $1,000 fine
- One-year driver's license suspension
- Mandatory enrollment in Ontario's “ Back on Track " education/treatment program.
- Mandatory installation and use of an ignition interlock system upon license reinstatement.
Can other people drive my car if it's equipped with an ignition interlock?
Anyone can drive a car equipped with an ignition interlock system, though they'll need to learn how to use it and comply with its requirements.
Keep Your Driver's License with Expert DUI Defence in Toronto
Anyone thinking about pleading guilty to DUI charges should consider how the conviction might affect their life. Getting your suspended license reinstated early certainly seems like an enticing carrot, but know that you're going to get hit with a proverbial stick, too. To learn how the expert criminal defence lawyers at TorontoDUI can help strategize an effective defence to challenge your DUI, contact them today for a free consultation.
