Regaining your driver’s licence after a DUI conviction in Ontario is a challenging but achievable goal. The process involves several critical steps, each intended to ensure you are prepared to return to the road safely and responsibly. From mandatory educational programs to rigorous testing requirements, understanding each phase of the reinstatement process is crucial.
This comprehensive guide on how to get your license back after a DUI in Ontario will walk you through each phase of the process, offering detailed instructions, practical advice, and insights into the legal, administrative, and financial hurdles you may face.
Whether you are a first-time offender or have multiple convictions, our goal is to provide you with the information and support you need to navigate this complex journey and confidently reclaim your driving privileges.
DUI License Suspension in Ontario
In Ontario, if you’re charged with impaired driving, you will face two types of DUI license suspensions: one that happens immediately when you are charged, and another if you are convicted.
1 – Immediate Administrative Driver’s Licence Suspension (ADLS)
When you are charged with a DUI, your driver’s licence is automatically suspended right away, even before you go to court. This is called an Administrative Driver’s Licence Suspension (ADLS). Here’s what you need to know about this suspension:
- Length: the first suspension lasts for 90 days.
- Reason: it’s put in place to keep potentially impaired drivers off the road immediately.
- Getting your licence back: After the 90-day DUI suspension period, you can get your licence back by paying a $281 fee at a ServiceOntario centre while you wait for your trial.
2 – Court-Ordered DUI License Suspension
If you are convicted of a DUI in court, there will be another DUI suspension period based on how many times you’ve been convicted before. The more times you are convicted of a DUI, the longer the suspension period will be:
- First offence: licence suspension for 1 year.
- Second offence: licence suspension for 3 years.
- Third offence: licence suspension for at least 10 years, and it could even be for life if you have multiple convictions.
How to Get Your License Back After a DUI in Ontario (Steps)
Getting license back after DUI conviction in Ontario involves several steps. Each step is designed to ensure that you have fulfilled all legal requirements and are prepared to drive safely again.
Here’s what you need to do:
Step 1: Complete the Immediate Administrative Suspension
After the 90-day Administrative Driver’s Licence Suspension (ADLS) period, you can start the process of getting your license back after DUI. This stage involves:
- Paying the fee: Pay the $281 reinstatement fee at a ServiceOntario centre.
- Documentation: Ensure you have all necessary documentation to show you are eligible for reinstatement.
Required Documentation for Eligibility
To show you are eligible for reinstatement, you will need to provide:
- Proof of identity: A valid government-issued photo ID, such as a passport or health card.
- Proof of payment of fines: Receipts or statements indicating that all fines related to your DUI conviction have been paid.
- Completion certificates: Documentation proving you have completed the Back on Track program and any other court-ordered programs.
- Ignition interlock installation proof: If required, proof that an ignition interlock device has been installed in your vehicle.
- Driving record: A copy of your driving record showing the suspension period has ended and any required programs have been completed.
Step 2: Pay All Outstanding Fines and Fees
Ensure all court-ordered fines and fees related to your DUI conviction are paid in full (learn more about DUI penalties). Keep receipts or proof of payment, as they will be needed later.
Step 3: Complete Mandatory Court-Ordered Programs
Once you are convicted, the court will impose additional requirements that must be met during your DUI driver’s license suspension period. These requirements include:
1. Back on Track Program
The Back on Track program is designed to educate DUI offenders about the risks and consequences of impaired driving.
Enroll in the program: The Back on Track program is mandatory for DUI offenders and costs $634. Enrolling as soon as possible would be best since the program can take up to 11 months to complete.
Back on Track program components:
- Assessment: A 60-minute assessment determines whether you need to attend an 8-hour educational workshop or a 16-hour treatment workshop.
- Workshop: Both focus on the dangers of alcohol and drugs. The treatment workshop also addresses personal responsibility for substance use.
- Follow-up interview: Six months after the workshop, a follow-up session is required to ensure you have integrated the learnings.
- Completion requirements: To pass the program, you must:
- Attend all scheduled sessions
- Arrive on time
- Actively participate
- Show no signs of alcohol or drug use
- Understand the separation of drinking/drug use and driving.
*Failing any part of the program means re-enrollment and additional fees. The goal is to ensure a comprehensive understanding and commitment to safe driving practices.
2. Ignition Interlock Program
The Ignition Interlock Program involves installing a breathalyzer in your vehicle. The driver must blow into the mouthpiece before starting the vehicle. The device measures the alcohol content in the breath. If the BAC is below the pre-set limit (usually 0.02% or 20 mg of alcohol per 100 ml of blood), the vehicle will start. If the BAC is above the limit, the vehicle will not start.
After the vehicle is started, the IID may require additional breath samples at random intervals while driving. This ensures the driver remains sober during the journey.
The device will alert the driver when a retest is needed, typically through beeping sounds or flashing lights. If the driver fails to provide a sample or if the BAC is above the limit during a retest, the device may log the event and activate an alarm (lights flashing, horn honking) until the vehicle is turned off.
The process of ignition interlock device usage includes:
- Installation: The device is installed in your vehicle and connected to the ignition system. It must be installed after your DUI suspension period.
- Maintenance and monitoring: Regular maintenance and monitoring ensure the device is functioning correctly and that you comply with program requirements. Costs for installation, monitoring, and maintenance typically range between $1,500 and $2,000 annually.
- Duration of use: The duration depends on the number of offences:
- First offence: Minimum of one year
- Second offence: Minimum of three years
- Third offence: Minimum of six years after a minimum 10-year suspension
The program aims to prevent recidivism by ensuring that individuals convicted of DUI cannot operate a vehicle if they have been drinking.
Step 4: Pass Required Tests
Depending on the length of your license suspension for DUI, you may need to pass different tests:
- 1-3 year DUI suspension: Vision test
- 3-10 year DUI suspension: Vision test, written knowledge test, and two road tests (G1 and G2)
- 10+ year DUI suspension: Reapply as a new driver, retake all tests, and adhere to all mandatory waiting periods
Step 5: Visit a ServiceOntario Centre
- Submit documentation: Bring all required documents, proof of completed programs, and test results to a ServiceOntario center.
- Pay reinstatement fees: Pay any additional fees required for the final reinstatement of your licence.
And, finally, GET YOUR LICENCE BACK!
How Long Does It Take to Get Your License Back After DUI?
The time of getting license back after dui in Ontario varies depending on the specifics of your case, the number of offences and the requirements you need to fulfill. Here is a general outline of the timeline:
First Offence:
- Immediate Suspension: 90 days
- Court-Imposed Suspension: 1 year (can be reduced to 3 months with the Ignition Interlock Program)
- Ignition Interlock Program: 9 months following the reduced suspension
- Total Time: Typically around 1 year from the conviction date
Second Offence:
- Immediate Suspension: 90 days
- Court-Imposed Suspension: 3 years
- Ignition Interlock Program: Required for a period after the suspension
- Total Time: 3 years plus the duration of the Ignition Interlock requirement
Third or Subsequent Offences:
- Immediate Suspension: 90 days
- Court-Imposed Suspension: Lifetime (with the possibility of applying for reinstatement after 10 years)
- Total Time: Minimum 10 years before applying for potential reinstatement
These timelines are contingent upon completing all mandatory programs and paying necessary fees.
How Much Does It Cost to Get Your License Back After a DUI?
Here’s a summary of the essential costs involved in getting license back after DUI in Ontario. Please note that all figures are approximate and can vary based on individual circumstances and specific requirements:
- Reinstatement fee: $281
- Back on Track Program: $634
- Ignition Interlock Program: $1,500 to $2,000 annually
- Fines and surcharges: from $1,200
- Additional testing fees:
- Road test: $91.25
- Written test: $16
- Total estimated cost: $3,700 to $5,400
Getting your license back after a DUI in Ontario involves a complex process that includes completing suspension requirements, mandatory programs, and tests. However, to avoid the complexities and consequences of a DUI-related license suspension, it’s crucial to fight impaired driving charge from the outset.
Engaging experienced DUI lawyers like those at X-COPS can significantly impact your case. We can help navigate the legal system, potentially reduce penalties, or even avoid a conviction altogether. Knowing how to beat a DUI charge in Ontario can protect your driving privileges and future by getting expert legal assistance.
Don’t face these challenges alone. Contact X-COPS DUI lawyers today for a free estimation of your case and take the first step towards defending your rights and maintaining your ability to drive.
This approach ensures you have the best possible defence and support, minimizing the impact of a DUI charge on your life.