In the News

Suspensions cut for impaired drivers

May 21, 2010

The mandatory one-year licence suspension for Ontario drivers convicted of a first drink-drive offence will soon be reduced for those prepared to install an alcohol ignition interlock device.

Regulations that take effect August 3, 2010, will allow persons who plead guilty to impaired driving, drive over 80 or refuse breath sample to get back behind the wheel within 90 days if they agree to use the interlock device for at least nine months.

Longer suspension after trial

Drivers who choose to fight their charges but lose at trial will be eligible to resume driving six months after conviction and sentence. They must drive with an ignition interlock device for at least 12 months.

Currently Ontario drivers convicted of a first alcohol-related driving offence normally face a one-year licence suspension. Before licence reinstatement, they must complete Back on Track, a remedial measures program, and once reinstated use an interlock device for at least one year. Offenders wishing to avoid the interlock must wait out the one-year interlock requirement period.

Dashboard-mounted mechanism

An alcohol ignition interlock device is a dashboard-mounted mechanism into which the driver must blow before the motor can start. If it detects a blood alcohol concentration greater than a pre-set limit (in Ontario, 20 mgs% or 0.02%), it prevents ignition.

The one-year licence suspension under Ontario law mirrors the prohibition imposed under the Criminal Code which bars offenders from driving anywhere in Canada. For a first drink-drive offence, offenders face a prohibition of one to three years. The Criminal Code has been amended to allow offenders to drive during the prohibition period in provinces with an alcohol ignition interlock program such as the one Ontario is about to introduce.

Guilty plea within 90 days

To be eligible for the three-month suspension, drivers will have to plead guilty and be sentenced, complete the assessment component of Back on Track and enter a lease agreement for an ignition interlock device - all within 90 days of the offence. The suspension will overlap any remaining portion of the 90-day licence suspension imposed on the offence date for charges of over 80 and refuse sample.

Drivers who elect not to enter the program will face a one-year suspension followed by one year of ignition interlock as a condition of licence reinstatement.

Some offenders ineligible

Drivers convicted of a first impaired driving offence will not be eligible for the reduced suspension if:

• the offence resulted in bodily harm or death
• the offence involved impairment by drugs or a combination of drugs and alcohol (as the charging document may refer to impairment by a drug even without evidence of any, request to have any such reference deleted before the court makes a finding of guilt)
• they have Criminal Code driving convictions within the past 10 years. Such convictions include not only drink-drive offences, but also fail to remain at the scene of an accident, dangerous driving, street racing and flee police. A driver with a conviction for drive while prohibited within the past five years is also ineligible
• they are subject on the offence date to an ignition interlock condition
• they have been granted a reduction to 10 years of a lifetime suspension (following a third Criminal Code driving conviction)

Court can lengthen suspension

Offenders will be eligible for the reduced suspension unless the court upon sentencing orders otherwise. If there are aggravating factors, the Crown prosecutor may ask the court to lengthen the suspension up to the end of the Criminal Code prohibition period (usually one year for a first offence). Such factors include:

• a record under the Ontario Highway Traffic Act for bad driving, especially convictions for driving under suspension or careless driving involving alcohol
• a record for impaired driving offences older than 10 years
• an accident with extensive property damage
• the offence involves excessive speed, racing, flight from police, or other conduct posing a high risk to others
• additional charges were laid for conduct that interferes with the enforcement of drink-drive laws, such as fail to remain at the scene of an accident, flight from police or refuse to provide breath samples
• the presence of vulnerable passengers such as children
• the offence involves high blood-alcohol readings which may indicate a serious alcohol problem (the Criminal Code deems aggravating a reading over 160 mgs%, that is, twice the legal limit)
• other evidence of chronic alcoholism

Charges laid before August 3, 2010

Accused already in the system will be able to take part in the program if they are found guilty and convicted on or after August 3, 2010. Those who seek adjournments to take advantage of the nine-month suspension may have to enter a guilty plea at the time of the adjournment request. Those found guilty at trial before August 3 can request to adjourn conviction and sentencing till after the program comes into force.

For more information on the program see the Ministry of Transportation website.

Ron Jourard is a Toronto criminal lawyer. He can be reached at (416) 398-6685 or toll free (Canada and U.S.) 1-888-257-0002, or by email at jourard@defencelaw.com.

The information provided above is believed to be correct at the time of writing. It is published for educational purposes and should not be regarded or relied upon as legal advice.

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