90-Day Licence Suspension After a DUI Charge in Ontario

Many people expect that nothing happens until the first court date. With impaired driving, that is not true in Ontario. The consequences can start at the roadside, before any lawyer is involved. This guide explains the 90-day licence suspension and the 7-day vehicle impoundment, using the wording of the Highway Traffic Act.

When the 90-day suspension applies

Section 48.3 says that where a police officer is satisfied that a person driving, or having the care, charge or control of, a motor vehicle meets one of the listed criteria, the officer shall request that the person surrender their driver's licence. The criteria are:

1. An analysis of breath or blood, taken after a demand under section 320.28 of the Criminal Code or under judicial authorization, shows a blood alcohol concentration of 80 milligrams or more in 100 millilitres of blood.
2. The person failed or refused, in response to a demand under section 320.27 or 320.28 of the Criminal Code, to provide a sample of breath, blood, oral fluid or urine, to perform physical coordination tests, or to submit to an evaluation.

Once the request is made, the licence is suspended for 90 days from that time, whether or not the person surrenders it (section 48.3(2)). Our guide to answering police questions explains the roadside demands.

No right to be heard first

Section 48.3(3.1) says a person has no right to be heard before the suspension takes effect. The officer must give you a written statement of when the suspension starts, how long it lasts and where the licence can be recovered (section 48.3(4)). If the officer cannot take the licence, the Registrar mails a notice and the suspension runs from the date in the notice.

Seven-day vehicle impoundment

Under section 48.4, when an officer is required to ask for the licence under section 48.3, the officer must also detain the vehicle. It is removed to an impound facility and impounded for seven days from the time it was detained, at the cost and risk of the owner. A police officer may release the vehicle early in some cases, such as when the vehicle was stolen.

This is separate from the criminal charge

The administrative suspension is not a punishment for the criminal charge and does not replace it. Section 48.3(10) says the suspension is intended to safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances. You can still face a criminal charge, a court date and, on conviction, a separate minimum fine and driving prohibition under the Criminal Code. See our guides to a first-time DUI and DUI penalties in Ontario.

The appeal is very limited

Section 50.1 lets a person whose licence is suspended under section 48.3 appeal to the Licence Appeal Tribunal, but the only grounds are that (1) the person is not the same individual to whom the Criminal Code demand was made, or (2) the person failed or refused to comply with a demand because they were unable to do so for a medical reason. Supporting written material must be filed before the Tribunal holds a hearing. Challenging whether police had grounds is generally done in the criminal case, not in this appeal.

Out-of-province and international licences

Under section 48.3(17), if your licence was issued by another jurisdiction, your privilege to drive in Ontario is suspended for 90 days instead. This matters for newcomers and international students, who may also face immigration consequences from a criminal charge. See our page on criminal charges and immigration status.

What to do next

1. Keep the notice of suspension and impound paperwork the officer gives you.
2. Write down the time of the stop, the demands made and what was said.
3. Do not drive while suspended. That is a separate offence.
4. Do not discuss the details of the stop on social media or with friends.
5. Speak to a criminal lawyer before your first court date.

How the 90-day suspension differs from the warn-range suspension

Ontario has two separate roadside suspensions. The 90-day suspension in section 48.3 applies when a driver has a blood alcohol concentration of 80 mg or more, or fails or refuses a demand. A separate suspension applies in the "warn range" of 50 to 79 mg under section 48. Under section 48(14), a warn-range suspension is seven days for a first suspension, 14 days for a second and 30 days for a third or later suspension, and earlier suspensions more than 10 years old are not counted (section 48(15)). Neither is a criminal charge, but the 90-day suspension usually comes with one.

The vehicle and its owner

Section 48.4 requires the vehicle to be impounded for seven days at the owner's cost and risk. Service of the notice on the driver counts as service on the owner (section 48.4(5)), and the officer must also give the owner a copy by delivery or mail (section 48.4(6)). An officer can release the vehicle early in some cases, for example where the officer is satisfied the vehicle was stolen when it was driven. If the vehicle belongs to someone else, such as a family member, a lender or an employer, they should be told promptly, because they may have their own deadlines and costs.

How the suspension fits with the criminal case

Section 48.3(7.1) says the 90-day suspension runs at the same time as certain other administrative suspensions. It is also separate from the criminal case. If the criminal charge ends in a conviction, the Criminal Code requires a driving prohibition of not less than one year and not more than three years for a first offence, plus any jail term (section 320.24(2)(a)), along with the minimum fine. The roadside suspension does not replace or reduce that outcome. For that reason, the first court date and the 90-day period are often managed together, and the criminal case is usually much longer than 90 days.

Driving while suspended

Driving during a suspension is a separate offence under the Highway Traffic Act with its own penalties, and it can make the criminal case and later licence reinstatement harder. Arrange alternative transportation, tell your employer if driving is part of your work, and do not assume a lawyer can have the suspension lifted. The statute allows only a narrow appeal, as explained above.

Talk to us

We act in impaired driving cases in Mississauga, Brampton and across the GTA, and we offer a free 15-minute phone consultation for criminal matters. See our DUI and impaired driving lawyer page or call (289) 652-0529. Bring the notice of suspension and your court documents.

DISCLAIMER: This article is general information about Ontario and federal law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.