Frequently Asked Questions:
Q: What are the penalties for impaired driving conviction?
To begin, each impaired driving charge carries its own minimum sentence of a fine and driving prohibition.
The minimum fine is $1,000 for each offence (plus victim fine surcharge) and a 1 year driving prohibition on each offence.
Penalties for Impaired Driving Convictions
Below is a useful chart regarding penalties for impaired driving convictions.
Q: How Do I reinstate my licence after an impaired driving conviction?
After your driving prohibition, you will need to know how to reinstate your licence.
Reinstating your licence after a drinking and driving conviction
The Highway Traffic Act has their own special rules about reinstating your licence.
On a first conviction, after the prohibition, they will require you to have an interlock installed in your car for a year.
On a second conviction, they will require you to install the interlock for 3 years.
You can apply to remove the condition. You must prove to the ministry that the device is not necessary. If you do not apply to remove the condition, the interlock will stay on your licence.
Q: What is a second conviction?
Case law says that a second or subsequent offence means it being committed AFTER the previous conviction.
Q: How does MTO determine a second conviction?
Determining subsequent conviction
In determining whether a conviction is a subsequent conviction, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
Q: How Do I Remove the Condition?
Removing the condition
As per the MTO:
You need to apply to the Ministry of Transportation (MTO) to have the condition removed from your licence. The ministry will mail you an application form 15 days before your condition removal date. You can also complete an application form at a Service Ontario centre.
If you have completed the minimum period without any program violations (tampering, driving without, missed appointment with service provider), the ignition interlock condition will be removed.
Violations during the installation period will be reported and will result in extending the amount of time the licence will be subject to an ignition interlock condition.
If you don’t apply for removal of the licence condition, it will stay on your licence. As long as the condition stays on your licence, you will only be able to drive vehicles that are equipped with an approved ignition interlock device, or be subject to penalties under the Highway Traffic Act.
For more information contact the Ministry of Transportation: 1-800-387-3445 or 416-235-2999 or visit Ontario.ca/drivesober.