The majority of Ontario residents know that the consequences of being convicted of Driving under the Influence (DUI) are severe.
But did you know that the Ignition Interlock Program is mandatory to get your driver’s license reinstated?
Are you familiar with the Ignition Interlock Program? Don’t worry because we intend to demystify this program with this article by giving you all the information you need.
This program aims to ensure that you don’t mix drinking and driving for a specified period after your license is reinstated.
Basically, the program mandates that a device is installed in the vehicle you drive which prevents the ignition from starting unless you take and pass a breathalyzer test in your vehicle.
The Basics of the Ignition Interlock Program
The Ignition Interlock Program is required for all Ontario drivers with:
- an impaired driving conviction under theCriminal Code of Canada
- 3 or more suspensions within a 10-year period for impaired driving offences, also referred to as administrative suspensions.
For the reinstatement of a suspended driver’s license, you need to participate in the Ignition Interlock Program. An interlock device will be installed in your vehicle. In essence, it is an in-car alcohol breathalyzer test which will prevent the car’s engine from starting if you have alcohol in your system.
The term of the program depends on the condition placed on your driver’s licence.
Completing the conditions of your DUI sentence
Your sentence after your conviction for a DUI-related charge could include:
- Suspended license
- Mandatory medical evaluation
- Fine of at least $1,000
- Possible jail time
- Enrolment in the “Back on Track ” program
Once you complete the above conditions, you can get your license reinstated with the designation of the ignition interlock. This means you must have the device installed in your vehicle to be able to drive again. You are also prohibited from driving any other vehicle that is not equipped with the ignition interlock until you complete the term of the program.
If you violate the terms of the program, the suspension of your license will be extended together with your participation in the Ignition Interlock Program.
The designation of the ignition interlock driver’s license applies to:
- Administrative suspension violations
- First-time DUI offenses
- Second-time DUI offenses.
- Third-time offense following a minimum 10-year license suspension
How long is the Ignition Interlock Program?
How long are you required to have the ignition interlock in your vehicle? It will depend on the condition on your driver’s license.
| Penalty Type | Ignition Interlock Period |
|---|---|
| Criminal Codeconviction | First-time offence: at least 1 year Second-time offence: at least 3 years Third-time offence: at least 6 years if licence is reinstated after a minimum 10-year suspension |
| Administrative Offences | At least 6 months after serving the mandatory licence suspension period |
Some of the violations of the Ignition Interlock condition that could get your term in the program extended include:
- Tampering with the device
- Driving another vehicle without the interlock device
- Failure to keep an appointment with the program service provider
If you don’t participate in the Ignition Interlock Program, you can’t drive until the condition on your driver’s license is removed.
How does the Ignition Interlock Device Operate?
When you have the interlock device installed in your car, you must blow into the device near the driver’s seat before your vehicle can start.
If the device detects a blood alcohol content (BAC) above 0.02, your vehicle will refuse to start. If your BAC level is below 0.02, you will be required to blow into the device at random times while driving your car.
Failure to provide a breath sample will result in the following:
- Warning from the device
- A recording of the event
- Activation of specific alarms (flashing lights, honking horn) until you turn off the ignition.
The same thing will happen if a random test while you are driving results in a BAC higher than 0.02.
What are the fees for the Ignition Interlock Program?
Are you relieved that you can still drive after a DUI conviction if you participate in the Ignition Interlock Program? It is a big relief, especially if you need to drive to earn a living or to perform routine tasks.
But you should know that the fees related to participation in this program is at your expense. The fees include:
- Monthly monitoring fees
- Monthly rental for the device
- A security deposit or loss prevention plan
- Fees for the installation and removal of the device in special vehicles
- Fees to transfer the device to a different vehicle
- Fees for unscheduled services, unlock codes, and missed appointments
You may expect to pay at least $100 a month. If the device is lost, stolen, or damaged, the fee is $1000++ to replace it. Early termination costs $300.
After the ignition interlock device is installed, the service provider will do a regular inspection.
Participation in the Ignition Interlock Program can be expensive with the fees for installation, monitoring, calibration, and insurance fees amounting to $1,500 up to $2,000++ a year , depending on the type of vehicle and the service provider.
It is important to avoid getting a DUI conviction! Before pleading guilty, consult with a Criminal Defense Lawyer in Ontario for your defense.
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Penalties for Driving without the Ignition Interlock Device
A driver who is required to have an Ignition interlock device caught driving without one will face the following penalties:
-
$200-$20,000 (commercial vehicles)
-
$200-$1,000 (motor vehicles)
Your car will be impounded if you are enrolled in the ignition interlock program for a criminal conviction:
-
First offence: 45 days
-
Second offence: 90 days
-
Third or more offence: 180 days
For violators enrolled in the program for administrative suspensions, their vehicles are impounded for 7 days.
Strict Conditions of the Ignition Interlock System you need to know
Before you enroll in the Ignition Interlock Program, you must complete the other conditions of your sentence, including the Back on Track assessment.
Participants must follow numerous conditions to prevent removal from the program and the extension of their license suspension.
What are the other strict conditions of the Program?
Persons in the Reduced Suspension with Ignition Interlock Conduct Review Program go through a performance assessment to monitor device activity.
If a person is found to have blown into the device resulting in over 0.02 BAC while trying to start the car, the term of the program is extended automatically by at least 3 months. This also applies to participants who miss a performance review.
Participants can also be expelled from the program for the following:
- DUI offences.
- Driving any vehicle without an ignition interlock device.
- Failure to install the device within 30 days of conditional license re-instatement.
- Uninstalling the device from the vehicle.
- Tampering with the device.
- Missing an appointment with the ignition interlock service provider.
The driver’s license of the violator will also be re-suspended.
Reduce Licence Suspension after a DUI Conviction
The government of Ontario has an incentive program to prevent future DUI offences and penalize drunk drivers.
A person who pleads guilty to DUI charges within a designated period can reduce the suspension of their driver’s licence with the Ignition Interlock Program.
First-time offenders who plead guilty to a DUI-related charge can reduce the one-year compulsory license suspension to 3 months.
A second time DUI offender can reduce the license suspension from 3 years to 9 months.
Can first-time offenders access the program if they don’t plead guilty? Yes, but the approval conditions are more difficult to meet. Those who don’t plead guilty can be eligible for a 6-month reduction of their license suspension depending on the sentence of the court after conviction.
Avoid the costs of a DUI Conviction with a DUI Lawyer
A DUI conviction will have a huge consequence on your life . You will get a criminal record, potential jail time, restrictions on your ability to travel and restrict your career or job opportunities.
Furthermore, there are other costs related to an impaired driving charge or conviction in Ontario. Below are the expenses you will incur:
Administrative Licence Suspension
Your licence will be immediately suspended for 90 days after your arrest for impaired driving. Your vehicle will be impounded for 7 days and you will have to pay $180 as administrative penalty.
Lawyer Fees
To hire a DUI lawyer in Ontario can cost from $5,000 to $10,000++. Depending on the complexity of the case and the length of the trial, legal fees can cost you thousands of dollars.
Fines
A minimum fine of $1,000 and a one-year driving suspension on conviction for first-time offenders is to be expected. The judge may impose a higher fine under aggravating circumstances such as an accident or elevated breath readings.
Back on Track Program
You need to participate in an alcohol education program before you’re the reinstatement of your licence. The program fees are $634 for assessment, education, treatment, and monitoring.
Licence Reinstatement Fee
Once you finish the Back on Track program successfully, you must pay $180 for the licence reinstatement.
Car Insurance
Before you can drive again, you must obtain car insurance.
The insurance company will take your driving conviction into account and set a more expensive premium for your coverage. It is not unusual to pay a few thousand dollars per year for car insurance after a DUI conviction.
Don’t forget that you will also need to participate in the mandatory Ignition Interlock Program to get back on the wheel. Again, this program will set you back by around $2,000 per year.
If you are facing impaired driving or DUI charges in Toronto, London, Hamilton, Ottawa, Sudbury, Windsor, or anywhere in Ontario, you have to do everything to avoid a DUI conviction.
Given the hefty costs and other serious consequences, you should think about the implications of pleading guilty.
Get an expert opinion about your case by speaking to top DUI lawyers in Ontario!
Reduced Suspension with Ignition Interlock Conduct Review Program
This program is offered by the government to quickly resolve DUI cases. Drivers with DUI charges can plead guilty, avoid litigation, and get their license suspension reduced.
The Reduced Suspension with Ignition Interlock Conduct Review Program can seem very attractive in return for a reduced license suspension.
However, you should consult an experienced DUI lawyer before doing so. You need to consider all of your legal options.
You should know that by entering a guilty plea, you will have a criminal record and other legal penalties.
FAQs: Ontario Ignition Interlock Program for DUI Offences
Facing DUI charges or getting a DUI conviction is serious. We know you are considering what options are available to get your life back on track.
Below are some of the most common questions about the Ontario Ignition Interlock Program that can help you determine your next steps.
Who are the service providers for the Ignition Interlock Program?
To participate, you must register with Smart Start Canada or ALCOLOCK Canada. You can get information about the fees and processes with your selected provider when you register.
What happens if another person lends you a car without the ignition interlock device?
Car owners who let a person with an ignition interlock condition drive their car can face charges.
How much does the ignition interlock in Ontario cost?
The fees may vary but the average price for the service is a minimum of $1,500 up to $2,000 per year. This price is inclusive of the device installation, maintenance, monitoring, and registration with the program.
How can the “I” condition (interlock) on my driver’s license be removed?
To remove the “I” condition from your driver’s license, you need to apply to the Ministry of Transportation. You are required to complete the remedial measure program and have a final ignition interlock report without performance failures in the last 3 months.
Who must participate in the Ignition Interlock Program?
You need to participate in the Ignition Interlock Program if you have been convicted of drunk driving, DUI, Impaired Driving, over 80, or a Refusal to take a breathalyzer test.
You must also participate if you have been suspended for a drunk driving offence 3 times or more.
Is it better to plead guilty to DUI charges to reduce licence suspension and avoid legal fees?
This is an option that is open to you. The incentive to reduce licence suspension by pleading guilty can be advantageous for some. It is best, however, to speak to a DUI lawyer before pleading guilty so you will understand the consequences and explore your best options.
Keep in mind that it is your constitutional right to speak to a lawyer.
Hire a DUI Defence Lawyer to Prevent a DUI Conviction
Anexperienced and reliable DUI lawyer is your best chance at avoiding a criminal conviction. He can help you minimize the negative effects of a criminal charge on your life!
He will carefully examine all of the evidence against you and check if your constitutional rights were not violated during the arrest.
There is so much at stake so think carefully before entering a guilty plea! Hire a DUI defence lawyer to avoid a criminal conviction.
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