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Ontario Licence Suspensions After a DUI

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Criminal Lawyers' Association
Peel Law Association
York Region Law Association
RegulatorLaw Society of Ontario / Barreau de l’Ontario

The short answer

An impaired driving charge in Ontario can lead to three separate driving penalties:

  1. Roadside suspension: This applies right away, before any conviction.
  2. Court driving prohibition: This applies if you are convicted.
  3. Ontario suspension: This applies if you are convicted, and it is followed by an ignition interlock.

These penalties follow different rules, and they can overlap. Knowing which one applies at each stage helps you plan for work, family and daily life.

1. The roadside suspension

For a reading of 80 or more, a failed or refused test, or a poor drug recognition evaluation, Ontario imposes the following penalties:

  • First time: A 90-day suspension, a 7-day impoundment, a $550 penalty and an 8-hour education course.
  • Second time: The same penalties, with a 16-hour treatment program instead of the course.
  • Third time: The same as the second time, plus a 6-month ignition interlock.

A reinstatement fee also applies. These penalties do not depend on the criminal case, so you do not get the time back if the charge is later withdrawn.

The warn range: 50 to 79 mg

A reading of 50 to 79 mg is not a criminal offence on its own. However, Ontario still imposes roadside penalties:

  • First time: A 7-day suspension, a $250 penalty and an 8-hour education course.
  • Second time: A 14-day suspension, a $350 penalty and a 16-hour treatment program.
  • Third time: A 30-day suspension, a $450 penalty, a 16-hour treatment program and a 6-month interlock.

Drivers 21 and under, novice drivers (G1, G2, M1 and M2) and commercial drivers must have zero alcohol and zero drugs.

2. The court driving prohibition

If you are convicted of impaired driving, over 80 or refusal, the court must ban you from driving anywhere in Canada (s. 320.24):

  • First offence: 1 to 3 years, plus any jail time.
  • Second offence: 2 to 10 years.
  • Third or later: At least 3 years, with no upper limit.

You may be able to drive sooner through Ontario's ignition interlock program. Driving while prohibited is a separate crime. See driving while prohibited.

3. Ontario's suspension after a conviction

On conviction, Ontario adds its own suspension:

  • First conviction: At least 1 year, then an interlock for at least 1 year.
  • Second within 10 years: At least 3 years, then an interlock for at least 3 years.
  • Third within 10 years: A lifetime suspension, which may be reduced after 10 years if criteria are met, then an interlock for at least 6 years.
  • Fourth within 10 years: A lifetime suspension, with no reduction.

You must also complete an education or treatment program. In some cases, an early interlock option can shorten the suspension.

For offences that occurred on or after July 1, 2026: After the interlock condition ends, you must drive with a zero alcohol and zero drug condition for at least 6 months. Any alcohol or drugs during that time brings an immediate roadside suspension.

For impaired driving causing death, Ontario imposes a lifetime suspension, which may be reduced after 25 years if criteria are met.

How the three penalties fit together

The roadside suspension starts the day you are charged and usually ends long before the court case does. If you are later convicted, the court prohibition and the Ontario suspension begin, and they often run at the same time. Because the rules overlap, it is common for people to be unsure whether they are allowed to drive. When in doubt, do not drive until you have checked your status with a lawyer or the Ministry of Transportation.

Planning for work and family

Losing your licence can affect your job, childcare and medical appointments. It helps to plan early, for example by arranging rides, transit or a change in work duties. If your job depends on driving, tell your lawyer, because it can affect how the case is approached and when you may qualify for the interlock program.

What to do now

  • Keep every suspension notice and release document in one place.
  • Check your licence status before driving after the 90-day suspension ends.
  • Book any required education or treatment program early.
  • Get legal advice before you resolve the criminal charge.

Commercial and novice drivers

Commercial drivers and novice drivers face stricter rules in Ontario. They must have zero alcohol and zero drugs while driving, and even a small amount can lead to an immediate suspension. For commercial drivers, a suspension can also affect their employment and the employer's safety record, so these drivers should get advice as early as possible.

Ignition interlock basics

An ignition interlock is a device installed in your vehicle that requires a breath sample before the engine will start. It also asks for random samples while you are driving. The device records every test, and failed or missed tests can lead to an extended interlock period. You pay for the installation and the monthly costs, so it is worth budgeting for them early.

Effects beyond the licence

A suspension can affect much more than your ability to drive. Insurance premiums often rise sharply after a conviction, and some insurers may decline to renew your policy. Jobs that involve driving, such as delivery, trucking, sales or trades work, may be at risk. Because the maximum penalty for impaired driving is 10 years, a conviction can also make a permanent resident inadmissible for serious criminality under s. 36 of the Immigration and Refugee Protection Act.

Getting your licence back

Getting your licence back usually means waiting out the suspension, finishing the required program and paying the fees. You may also need to install an interlock. Check the exact steps with the Ministry of Transportation before you drive.

How we can help

We can explain how the roadside, court and Ontario penalties fit together in your case, and when you may be able to drive again. Call (647) 223-1980 for a free consultation.

Frequently asked questions

Can I drive after the 90-day suspension ends?

You can drive only if your release papers allow it and you have met Ontario's requirements for reinstatement.

Do I get the 90 days back if my charge is withdrawn?

You do not, because the roadside suspension is a separate provincial penalty.

Can I challenge the 90-day suspension?

The grounds for challenging it are very limited.

Is there a way to drive sooner after a conviction?

It may be possible through Ontario's ignition interlock program, once you qualify.

Does the court ban apply outside Ontario?

The Criminal Code prohibition applies anywhere in Canada.

Will my insurance company find out?

Insurers usually learn about suspensions and convictions through your driving record, so you should expect higher premiums after a conviction.

Does the July 2026 change affect me?

The zero alcohol and zero drug condition applies for at least 6 months after the interlock condition ends, for offences that occurred on or after July 1, 2026.

Can I drive in another province during a court prohibition?

A Criminal Code driving prohibition applies everywhere in Canada, not just in Ontario.