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DUI, DWI & Criminal Legislation in Ontario  

Highway Traffic Act of Ontario , section: 48.3

Administrative Driver's License Suspension, Automatic 90 Day Suspension when Charged with Over 80 or Refusal

Administrative suspension of licence for blood alcohol concentration above .08, failing or refusing to provide breath sample

Licence surrendered

48.3 (1) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel meets one of the criteria set out in subsection (3), the officer shall request that the person surrender his or her driverís licence. 2009, c. 5, s. 19 (1).

90-day licence suspension

(2) Upon a request being made under subsection (1), the person to whom the request is made shall forthwith surrender his or her driverís licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driverís licence is suspended for 90 days from the time the request is made. 2009, c. 5, s. 19 (1).

(2.1) Repealed: 2009, c. 5, s. 19 (1).

Criteria

(3) The criteria for the purpose of subsection (1) are:

1. The person is shown, by an analysis of breath or blood taken pursuant to a demand made under subsection 254 (3) of the Criminal Code (Canada) or pursuant to section 256 of the Criminal Code (Canada), to have a concentration of alcohol in his or her blood in excess of 80 milligrams in 100 millilitres of blood.

2. The person failed or refused, in response to a demand made under section 254 of the Criminal Code (Canada),

i. to provide a sample of breath, blood, oral fluid or urine,

ii. to perform physical co-ordination tests, or

iii. to submit to an evaluation. 2009, c. 5, s. 19 (1).

No right to be heard

(3.1) A person has no right to be heard before surrendering his or her licence under subsection (2).

2009, c. 5, s. 19 (1).

Duty of officer

(4) Every officer who asks for the surrender of a personís driverís licence under this section shall keep a record of the licence received with the name and address of the person and the date and time of the suspension and shall, as soon as practicable after receiving the licence,

(a) provide the person with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended; and

(b) forward a copy of the notice to the Registrar. 2009, c. 5, s. 19 (1).

Notice by Registrar

(5) The Registrar may provide a notice of suspension, containing the information included on the notice of suspension required by subsection (4), to the person whose licence is suspended by mailing it to the address of the person shown on his or her driverís licence or to the latest address for the person appearing on the records of the Ministry. 2009, c. 5, s. 19 (1).

Same

(6) Where the officer is unable to request that a person surrender his or her driverís licence under subsection (1), the officer shall notify the Registrar of that fact and the Registrar shall mail a notice of suspension, containing the information included on the notice of suspension required by subsection (4), to the person whose licence is suspended by mailing it to the address of the person shown on his or her driverís licence or to the latest address for the person appearing on the records of the Ministry. 2009, c. 5, s. 19 (1).

Effective date of suspension

(7) Despite subsection (2), the driverís licence of a person who is notified of the suspension under subsection (6) is suspended from the date set out in the notice. 2009, c. 5, s. 19 (1). Suspension concurrent with other administrative suspensions

(7.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.1 or 48.2.1. 2009, c. 5, s. 19 (1).

(8) Repealed: 2008, c. 17, s. 39 (2).

Licence delivered to Registrar

(9) A police officer who has notified the Registrar under subsection (1) or a police officer who has personally delivered notice of the suspension to the person shall, as soon as practicable, forward to the Registrar,

(a) the personís driverís licence, if the licence was surrendered to the police officer; and

(b) such other material or information as may be prescribed by the regulations. 1996, c. 20, s. 8; 2008, c. 17, s. 39 (3).

Intent of suspension

(10) The suspension of a driverís licence under this section is intended to safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1996, c. 20, s. 8.

Removal of vehicle

(11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage. 1996, c. 20, s. 8.

Cost of removal

(12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1996, c. 20, s. 8.

Protection from personal liability

(13) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension of a licence in good faith in the execution or intended execution of a duty under this section. 1996, c. 20, s. 8.

Crown not relieved of liability

(14) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (13) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (13) to which it would otherwise be subject. 1996, c. 20, s. 8.

Regulations

(15) The Lieutenant Governor in Council may make regulations,

(a) Repealed: 2009, c. 5, s. 19 (2).

(b) respecting the information to be provided to persons whose licences are suspended under this section;

(c) prescribing other material or information to be forwarded to the Registrar under subsection (9). 1996, c. 20, s. 8; 2009, c. 5, s. 19 (2).

Definitions

(16) In this section and in section 50.1,

ďdriverís licenceĒ includes a motorized snow vehicle operatorís licence and a driverís licence issued by any other jurisdiction; (ďpermis de conduireĒ)

ďmotor vehicleĒ includes a street car and a motorized snow vehicle; (ďvťhicule automobileĒ) ďvesselĒ means a vessel within the meaning of section 214 of the Criminal Code (Canada). (ďbateauĒ) 1996, c. 20, s. 8; 2006, c. 20, s. 4 (2).

Meaning of suspension for out-of-province licences

(17) With respect to a driverís licence issued by another jurisdiction, instead of suspending the personís driverís licence, the Registrar shall suspend the personís privilege to drive a motor vehicle in Ontario for a period of ninety days, and this section and section 50.1 apply to the suspension of that privilege with necessary modifications. 1996, c. 20, s. 8.

Comments : This administrative suspension is automatically imposed by the Province on arrest. This 90 day suspension is different from the automatic and additional one year suspension (first offence) on conviction, although they may run concurrently if you plead guilty at a very early stage. You get no credit for the 90 days already served when your licence is further suspended on conviction. The only way you can challenge the 90 day ADLS is if you can prove the wrong person has been suspended (not the one to whom the breath demand was made) or you have a very good medical reason for the refusal. See 50.1.

Please note that there is another 90 day rule to consider if you wish to enter an early guilty plea under Ontario's Stream A programme. Make sure that you attend at a lawyer's office for advice about the merits of an over 80 guilty plea vs. a trial well in advance of 90 days after the occurrence.

If you choose to set a trial date you will get your licence back in Ontario (assuming no other suspensions or bail conditions) at the end of the 90 day period once you have paid the licence re-instatement fee of approximately $125.

If you plead guilty to the over 80 or impaired during the 90 day period, you will not get credit in your minimum 1 year prohibition/suspension (for first offenders) for the ADLS suspension but the ADLS suspension (balance of the ADLS 90 days) will run concurrently with the Judge or Ministry imposed prohibition or suspension. The minimum one year rule would be modified if you opt for an early guilty plea and are eligible for Stream A.

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OntarioHighway Traffic Act of Ontario 48.3 Administrative Driver's License Suspension, Automatic 90 Day Suspension when Charged with Over 80 or Refusal