Being found guilty of a DUI can have a heavy impact on your life. While a variety of punishments can be given, you will always have your licence suspended. This can make your life a lot more difficult, and therefore, it’s understandable that you’ll want it to be reinstated as soon as possible.
Getting this suspension lifted isn’t just about waiting the required number of days. Other conditions come with it that you need to follow. Here we’ll walk you through all the steps you need to take when it comes to getting your licence back.
How To Get Your Licence Back?
The first thing to double-check is the type of suspension you are facing. In Ontario, you will immediately be faced with a 90-day administrative suspension that is imposed by the police and separate from the criminal process. This is to ban you from driving straight away.
Following this, you will most likely receive a court-ordered suspension. For first-time offences, upon conviction, there is a minimum one-year driving ban. These two bans will run at the same time, meaning that your 90-day suspension will have long expired by the time your one-year ban ends.
The most obvious point to make is that this suspension needs to be followed exactly. Whether you drive the day after your ban or the day before it ends, you’ll be in serious trouble. This can lead to additional charges, an even longer ban, and potentially jail time.
While serving these bans, there are a few things you need to do. Failure to do them will mean your licence won’t get reinstated. Therefore, you need to double-check that you have completed these steps before your ban expires. If in doubt, it’s always wise to speak to an experienced DUI lawyer to ensure you’re correctly following the legal process.
Related Article: https://www.agpllp.ca/what-is-a-dui-lawyer-and-why-do-i-need-one/
Clear Any Outstanding Payments
Before you get your licence reinstated, you’ll need to pay any outstanding fines or administrative penalties. You will receive a minimum fine of $1,000, which can be more if you were severely over the limit. Along with this, there may be several other things to pay out.
These include administrative penalties, towing and impound fees, cost for the “Back on Track” program, and a licence reinstatement fee. If any of these fees are still outstanding by the time your suspension expires, you still won’t be able to drive.
Back on Track Program
You will have to both pay for and complete the “Back on Track” program before you get your licence. It’s best to complete this as soon as you possibly can. This way, you won’t have any worries about being able to drive again at the first possible opportunity.
This will include an assessment followed by either an education or treatment workshop. Here, you focus on the myths and facts around alcohol and other drugs or explore the reasons behind drug use. After this, there will be a follow-up interview to ensure you understand the program. It can take up to 11 months to complete.
Install Ignition-Interlock Device
Another thing you’ll most likely need to pay for before getting back on the road is the ignition-interlock program. This is where a breathalyzer device is fitted into your car. This blocks you from being able to start your car if your blood alcohol concentration is above a certain level.
This is usually required for 1 year following the reinstatement of your licence, but can be longer for repeat offences. You will be responsible for the costs of installation, calibration, and monitoring of the device.
Reduced Suspension with Ignition Interlock Program
The potentially good news is that if you’re a first-time offender, you can get back to driving in as little as 3 months, as long as you meet certain conditions. If you do, you will be banned for 3 months and then complete a further 9 months with the ignition interlock in place.
To apply for this, the main criteria are:
- Your licence has been suspended for one or three years
- The driving offence did not include any impairment by drugs
- No bodily harm or death was caused
- You were not previously disqualified from driving
If you meet these criteria, there is a good chance that you qualify. You would have needed to plead guilty to receive the biggest reduction. You also need to apply for the reduction; it’s not automatically given. The reduced suspension is available to second-time offenders as well, but the minimum suspension is raised to 9 months.
Related Article: https://www.agpllp.ca/do-i-need-an-impaired-driving-lawyer-for-a-1st-time-dui/
FAQs
How long does a DUI suspension last in Ontario?
The standard penalty for a first-time conviction is one year, and two years for a second-time conviction. A third offence may lead to a lifetime suspension. However, there is potential for reductions and reinstatements should you meet the right criteria.
What is the Back on Track program, and do I have to take it?
It is a remedial program, and yes, you do have to take it. Failure to do so will mean you cannot have your licence reinstated. Here, you’ll have an assessment followed by either education or treatment. Following a successful interview, you will then pass the program.
How much does it cost to get my licence reinstated after a DUI?
DUIs are very costly. The collective costs to just get your licence reinstated are usually over $2,000. On top of that, you have the ongoing costs of the ignition interlock, which is usually at least $1,500 per year. These figures don’t include any legal costs and also insurance premiums, which will steeply increase.
Can I drive before my suspension period ends if I install an ignition interlock device?
No. Once your device is installed, you can only drive when your suspension period has ended. Sometimes you can get a reduced suspension if you have an ignition interlock, but you still need the initial suspension to pass before you drive. If in doubt, always double-check.
What happens if I try to drive while my licence is suspended?
You will be committing a serious offence, especially because you have a DUI. There is a minimum of a $5,000 fine, but this can go all the way up to $50,000. Added to this is a possible 6-month jail term, at least 6 months additional suspension, 45-day vehicle impoundment, and a permanent criminal record.
Final Thoughts
If you’ve had your licence suspended, you need to take the right steps to get back on the road. The costs and time required can be a tough pill to swallow. However, not following them will mean you can’t get your licence back, and not observing the suspension can lead to severe criminal consequences.
The before, during, and after part of a DUI can be challenging, costly, and stressful. Getting the right legal help can get you back on the road as soon as possible. If you need legal assistance, contact AGP LLP today, and we’ll see how we can help.
