Ontario Driving Laws
Ontario’s impaired driving laws are especially extensive. According to Ontario’s Criminal Code, not only is driving while impaired illegal, but anyone having “care and control” of a vehicle while intoxicated may lose their license. “Care and control” can mean napping in the driver’s seat while you try to sober up after a night of drinking. Vehicles covered under the Highway Traffic Act include, but are not exclusively limite
d to boats, aircraft and automobiles . Ontario Driving Laws are set up to help impact public safety.
If an officer suspects you have been drinking while or shortly before getting behind the wheel, they may stop you and ask you to breath into a portal device called a breathalyzer to measure your BAC. To be charged with impaired driving, you must show visible signs of impairment or register a BAC of more than 0.08 – either is sufficient for a conviction.
However, police officers have the right to suspend a driver’s license on the spot if the driver registers a BAC of 0.05 or higher. Refusing to blow into a breathalyzer is legally considered the same as blowing a 0.08 and results in the same consequences.
Legal Help for Drinking and Driving in Ontario
Getting in trouble for drinking and driving in Ontario doesn’t usually have an upside. Canada values public safety and they take enormous precaution to make sure that it’s roadways are safe. Under old federal law, police officers must have reasonable suspicion a driver has alcohol in their body before conducting a roadside test — they need to smell alcohol on the driver’s breath, see empties in the vehicle, hear a slur in speech, etc. Before you head out for a night on the town make sure you know the Ontario impaired driving laws.
New laws also makes it an offence to have a BAC over 80 within two hours of operating a vehicle — either before or after driving.While legislation allows for random breath tests for alcohol screening, officers do not have the same leeway when it comes to demanding roadside tests for drug impairment. Officers can only demand a cheek swab from a driver if they have reasonable grounds to do so.
If you are in trouble as a result of Ontario being under the influence you need to contact an experienced Ontario DUI Attorney. Don’t try to handle the case on your own. An experienced attorney who knows the judicial system can help mitigate your charges. DriversLicenseRestorers.com is one of the premier Ontario attorney directories to pick an attorney for your individual needs.
Ontario License Suspension
License suspensions are effective immediately at the time a charge is issued, before a hearing or trial. The charging officer will take your license and send it to the Ministry of Transportation. You must find a way home without driving yourself. Depending on your location, you may be able to leave your vehicle where it is or choose to have it towed at your own expense.
If you register a BAC between 0.05 and 0.08, the consequences are as follows:
- First offense: 3 day license suspension and $150 fine
- Second offense within five years: 7 day license suspension and enrollment in a compulsory alcohol education class
- Third offense within five years: 30-day license suspension, mandatory alcohol treatment program, $150 fine and a six-month ignition interlock condition
- All subsequent offenses within five years: all of the above in addition to a mandatory medical evaluation
If you register a BAC of greater than 0.08, show obvious signs of impairment or refuse to blow into a breathalyzer, you will face a 90 day license suspension before any court sentence is implemented.
If you are convicted in court of impaired driving, you will face the following consequences:
First offense: 1 year license suspension, $1000 fine and one year enrollment in the ignition interlock program
Second offense: 3 year license suspension, a fine up to the judge’s discretion, 30 days of jail time and 3 year enrollment in the ignition interlock program
Third and subsequent offenses: 10 year to lifetime license suspension, a fine up to the judge’s discretion, 120 days of jail time and lifetime enrollment in the ignition interlock program if your license is ever restored
To retrieve your license, you must pay for and participate in an alcohol education program and pay a $100 fee.
Note that Ontario, like most other Canadian provinces, has different rules for novice drivers. If you do not have a full drivers license, you are not allowed to have any alcohol in your body while operating a vehicle. If caught with with a BAC above 0, you will face the following consequences:
- Immediate 24 hour license suspension
- If convicted, a fee of $60-$500
- If convicted, your current license will be revoked and you must begin the application process for a license anew, starting at the bottom of the GLS
Drivers whose license have been suspended may visit their local Driver and Vehicle License Issuing Office to petition for the reinstatement of their license after the suspension period has lapsed. Impaired driving laws in Ontario can impact all areas of your life.
Drivers License Suspension in Ontario, Canada is a very serious problem for many of its residents. To find help for license suspension in Ontario go here.
Ontario’s Alcohol Education Program
Once convicted of driving while impaired, you must register for an alcohol education course called “Back on Track, Ontario’s Remedial Measures Program” before you are eligible to have your license reinstated. You must pay the full enrollment cost of $475 plus tax. The course may take up to ten months to complete. Make sure you get well educated on Ontario’s impaired driving laws while in class.
Can I go to Jail for an Ontario DUI?
First offenders serve no jail time; however, a second impaired driving conviction will result in a 30 day jail sentence, and all subsequent offenses will merit a 120 day sentence. Make sure you consult with an attorney that is up to date on the new Ontario impaired driving laws.
The attorney directory for Ontario Drunk Driving Attorneys has profiles and contact info for the top Ontario lawyers.
Fines, Vehicle Impounding and Additional Conditions
The fee to reinstate a license after a conviction is $100. Criminal traffic convictions stay on driving records for ten years. Some car insurance companies may refuse to insure you, and those that will may charge a much higher premium.
For all suspension of 30 days or longer, you must have an ignition interlock device installed in your vehicle for six months. Ignition interlock is a breathalyzer for which the driver must provide a clean breath sample and register a BAC of zero before the vehicle will start. Convicted impaired drivers may not drive any vehicle without such a device. You can choose not to install the ignition interlock, however, you sacrifice your driving privileges for an additional six months.
Drivers who violate any license suspension or ignition interlock conditions will face steep fines of $5,000-$50,000. The vehicle they are caught driving will also be impounded for 45 days, regardless of who the vehicle belongs to, and the driver is responsible for all costs incurred. Ontario’s impaired driving laws may change again someday. Practicing prevention will be cheaper than correction if you get a new charge.
Disclaimer: These laws are subject to change and this site is not responsible for any future changes of said laws.