How can I get my driver’s license back when I’m charged with a DUI?

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---------------- CONTENTS OF THIS VIDEO -------------------

0:00 - How can I get my driver’s license back when I’m charged with a DUI?
1:00 - What is the “Back on Track” program?
1:34 - After you have completed the mandatory driving prohibition, how do I get my license back?
2:07 - If I am charged with a DUI but have not yet gone to trial, can I get my license back before trial?
2:44 - I’ve been offered to drive again under the Ontario Ignition Interlock Program. Should I do it?

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CHAPTER 7: How can I get my driver’s license back when I’m charged with a DUI?

One of the most important issues people face when convicted of a DUI is, “how can you get your driver's license back?”

To understand how to get driving again, you first need to understand the driving prohibitions you will face.

You will face an automatic driving prohibition from the federal government - The Criminal Code of Canada is federal law. Under the Criminal Code, you will face an automatic driving prohibition.

For a first conviction, the minimum driving prohibition will be 12-months.

For a second conviction, the minimum driving prohibition will be 24-months.

For a third conviction, the minimum driving prohibition will be 36-months.

You will also be facing an automatic driving suspension from the provincial government.

What is the “Back on Track” program?

When convicted of a DUI, the Ontario government requires that you complete the “Back on Track” program.

The “Back on Track” program is a remedial program to teach you about myths and facts about alcohol and drugs in the context of operating a vehicle. The goal of the program is to prevent you from committing DUI crimes in the future.

If you do not complete the “Back on Track” program, you will not be able to get your license back.

After you have completed the mandatory driving prohibition (both from the federal government and the provincial government), how do I get my license back?

You will need to go to the Ontario Ministry of Transportation and apply to get your driver's license back.

The Ontario Ministry of Transportation will confirm that you have completed the “Back on Track” program.

If I am charged with a DUI but have not yet gone to trial, can I get my license back before trial?

Yes.

90-days from the date you were charged with a DUI, you can go to the Ministry of Transportation of Ontario and pay the license reinstatement fee. Assuming you do not have any other restrictions on your driver's license, then you can get your license back.

You will be able to drive until the conclusion of your trial. If you win at your trial, you will keep driving. However, if you lose at trial, you will have to surrender your driver's license for the time period determined by the Judge.

I’ve been offered to drive again under the Ontario Ignition Interlock Program. Should I do it?

Short answer. Most likely, no.

Here’s the longer answer.

In Ontario, if you enter a guilty plea to your DUI, you may be able to participate in the Ontario Ignition Interlock Program.

The conditions to be eligible for this program include:

This must be your first DUI conviction; and

There must be NO drugs involved; and

If there was an accident, there must be no injuries or deaths; and

You must enter a guilty plea within 90-days of being charged.

If you meet these conditions, you can start to drive again after 90-days with an interlock device installed in your vehicle.

The advantage of agreeing to the Ontario Ignition Interlock Program is that you will be able to drive again (with the interlock device) 90-days after you plead guilty. So you will “save” 9-months of a driving prohibition.

The disadvantage of agreeing to the Ontario Ignition Interlock Program is that you will enter a guilty plea, which means you will get a criminal record. And, with a DUI conviction on your driving record, you will be subject to significant insurance rate increases.

In contrast, if you fight the DUI charge and win, you walk away as if you were never charged before. And, all the evidence against you gets destroyed.

Bottom line. There is not a lot of benefit to participating in the Ontario Ignition Interlock Program. You are likely better off fighting the DUI charge.
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