What is Ontario’s Back on Track Program for Those Convicted of DUI?
Short answer: Back on Track is Ontario's mandatory remedial measures program for impaired drivers. After a Criminal Code impaired-driving conviction — and in many cases after repeated alcohol- or drug-related administrative suspensions — you must successfully complete it before the Ministry of Transportation will reinstate your driver's licence.
As a frequent reader of our Knowledge Centre criminal law blog, you're probably familiar with the penalties and other aggravations that come with a first-time driving under the influence (DUI) of alcohol and/or drugs conviction in Ontario. If not, here's a recap, which we suggest you memorize so that you can recite it anytime you or someone you know thinks about driving after consuming alcohol or drugs:
- One-year driver's licence suspension (longer for subsequent convictions).
- Minimum $1,000 fine (and other court-ordered consequences).
- Mandatory enrollment in Ontario's "Back on Track" education/treatment program before licence reinstatement.
- Mandatory installation and use of an ignition interlock device upon licence reinstatement; the required period depends on Ontario's rules and the date of the offence.
- Program registration fees for Back on Track, plus separate ignition interlock lease/install costs and a $281 driver's licence reinstatement fee.
- A criminal record, and the stigma and potential impacts on employment, education, and travel that come with it.
- "High-risk" insurance premium increases that can run into the thousands of dollars a year, depending on the insurer, vehicle, and your overall risk profile.
- Alternative transportation costs during licence suspension.
- Potential impacts to employment, education, travel, and other facets of your life caused by losing your driver's licence.
Most of these penalties and aggravations are self-explanatory, though you may need to be more familiar with the Ignition Interlock and Back on Track programs. We reviewed the Ignition Interlock program a couple of years ago, which you can review here . In this article, we will review the Back on Track program. If you're smart, though, you'll avoid getting behind the wheel if impaired so that you will never have to get yourself personally back on track.
Back on Track is Mandated by Provincial Law
The Government of Ontario initiated the Back on Track remedial measures program for impaired-driving offences that take place on or after September 30, 1998. The requirement sits under the Highway Traffic Act and related conduct-review regulations (including O. Reg. 287/08), not a "Highway Safety Act." The stated goal of the program is to "help people learn to separate drinking and other drug use from driving." Under provincial law, anyone convicted of a Criminal Code impaired-driving offence must successfully complete the remedial measures program before the Ministry of Transportation will reinstate their driver's licence. Let us emphasize that failure to complete all required program components results in the continuing suspension of the driver's licence.
Back on Track is also mandated for drivers who receive two or more alcohol- or drug-related administrative licence suspensions (within the look-back the program applies). Courts can also require participation in some careless- or dangerous-driving situations listed by the program (for example, careless driving when ordered by the court or probation, or dangerous driving where there is a previous impaired conviction). The current registration fees published by the program are $894 for those convicted of a criminal impaired-driving offence, or $344 for administrative-suspension participants. The full fee must be paid before the program starts; fees can change, so confirm the amount on the official registration site when you enrol.
Back on Track Program Components
Back on Track participants complete the program in three stages. The first step is a one-hour assessment to determine whether the participant must take the eight-hour educational workshop or the 16-hour treatment workshop. Those enrolled because of administrative suspensions generally complete only the workshop portion: the eight-hour education workshop for two suspensions, or the 16-hour treatment workshop for three or more — they do not need the full three-part conviction pathway unless a separate conviction requirement applies.
The eight-hour educational workshop includes presentations, exercises, discussions, and group sessions. Primary topics include:
- Alcohol and drug facts.
- How alcohol and drugs impact driving performance.
- Consequences of an impaired driving conviction.
- How to avoid drinking and driving.
The 16-hour treatment workshop includes the same classroom activities and a personal planning session. The treatment workshop is designed to help participants:
- Learn why people drink or use drugs and how it affects their lives.
- Take responsibility for their alcohol and drug use and consequences.
- Commit themselves to reducing or stopping problematic alcohol or drug use.
- Learn strategies for managing things that might make them want to drink or use drugs.
- Avoid relapses and make overall healthier life choices.
- Avoid alcohol, drugs, and impaired driving.
Six months after the successful completion of the workshop, participants who completed an assessment must attend a 30-minute follow-up interview. This is designed to assess the participant's success in meeting workshop-prescribed goals and reinforce strategies for avoiding drinking, drugs, and impaired driving. Sessions may be offered in person or virtually, depending on the local provider.
Back on Track Participant Requirements
To pass the required stages of Back on Track, participants must successfully follow program requirements. These include:
- Actively participate in and complete all required program parts.
- Treat staff and other participants with respect.
- Demonstrate that you have learned how to separate drinking/drug use from driving.
- Abstain from alcohol (including dealcoholized beverages), drugs, and cannabis products (including CBD products that may contain THC) for 24 hours on the days you participate in the program.
- Not emitting odours or other signs that you may have consumed alcohol, drugs, or cannabis products on program participation days.
- Avoid using prescription drugs if they impair program participation (physician-prescribed medication is allowed if it does not impair your ability to participate).
- Arrive at program sessions and workshops on time.
- Provide accurate information.
Failure to meet these requirements will force you to re-register and pay for another attempt at completing the Back on Track program. That said, participants can miss a workshop or session and take a make-up one if they provide 24 hours' notice. Serious illness, a death in the immediate family, and severe weather are the only acceptable reasons for missing a session absent 24 hours' notice; emergency absences generally require date-specific documentation.
Other Program Considerations
Back on Track can take time to complete, so to avoid delays in driver's licence reinstatement, those needing to participate should begin the process as soon as possible. Registration is open seven days after an impaired driving conviction or administrative suspension. Once registered, it can take up to 90 days to complete the program for administrative suspensions and up to 11 months for a criminal DUI conviction. Providers often book weeks ahead, so early registration matters — especially for first-time offenders who may be trying to meet reduced-suspension timelines that require starting the remedial assessment promptly.
Don't Force Yourself to Get Back on Track Due to a DUI Conviction
Now that you are familiar with the Back on Track program, you probably wouldn't want to undergo the aggravation of having to participate in it. The simple solution to avoid it is not to drive while impaired. If that solution is in the rear-view mirror because you've been charged with a DUI-related offence, it's time to speak to an experienced criminal defence DUI lawyer. To avoid the penalties and aggravations of a DUI conviction, contact TorontoDUI for a free consultation. We have over 15 years of experience securing favourable outcomes for thousands of Greater Toronto Area clients arrested for DUI.
