Fact Sheet: NEW Roadside Licence Suspensions

We're serious about removing dangerous drivers from our roads. Those who choose to drive after drinking endanger themselves and everyone else.

Roadside licence suspensions ensure that drinking drivers are taken off the road immediately and discourage individuals from re-offending.

As of May 1, 2009, if you’re caught driving with a blood alcohol concentration (BAC) from 0.05 to 0.08 (known as the "warn range"), the police can immediately suspend your licence up to three days for a first occurrence, seven days for a second occurrence and 30 days for a third or subsequent occurrence.

Consequences for Driving with a 0.05 to 0.08 "Warn Range" Blood Alcohol Concentration
First Time
3-day licence suspension
$150 Administrative Monetary Penalty
Second Time (within 5 years)
7-day licence suspension
Mandatory alcohol education program
$150 Administrative Monetary Penalty
Third Time (within 5 years)
30-day licence suspension
Mandatory alcohol treatment program
Six-month ignition interlock licence condition
$150 Administrative Monetary Penalty
Subsequent infractions (within 5 years)
30-day licence suspension
Mandatory alcohol treatment program
Six-month ignition interlock licence condition
Mandatory medical evaluation
$150 Administrative Monetary Penalty
These roadside licence suspensions cannot be appealed. Suspensions will be recorded on the driver’s record. For up to five years, these roadside suspensions will be considered when determining consequences for subsequent infractions.

What happens if my licence is suspended?
You will be given a suspension notice by a police officer, indicating that the suspension of your licence takes effect immediately. The police officer will take your licence from you and send it back to the Ministry of Transportation (MTO).

You will not be able to drive home.

If you are with a sober passenger who is licensed and fit to drive, he or she may drive the vehicle. If it is a safe location, you can choose to leave the vehicle at the roadside, or the police will have the vehicle towed at the vehicle owner’s expense.

What happens after the suspension period expires?
A reinstatement notice will be mailed to you. If you do not have other disqualifications (for example, other suspensions, expired or cancelled licence), the reinstatement notice will include a Temporary Driver’s Licence (TDL). You may then go to a Driver and Vehicle Licence Issuing Office to pay the $150 administrative monetary penalty. A new plastic licence card will then be mailed to you.

If you did not receive a reinstatement notice, you may obtain a TDL from a Driver and Vehicle Licence Issuing Office.

To find the Driver and Vehicle Licence Issuing Office nearest you, please visit the MTO website.

If your suspension ends on a day when the Driver and Vehicle Licence Issuing Offices are closed (for example, a statutory holiday) and you did not receive a TDL in the mail, you will need to wait until they re-open. You must have a valid driver’s licence to drive.

thanks for all the info I appreciate it, one more question though, does this 3 day suspension go on your insurance?
seems a little unfair that technically not being drunk or over .08 would get you into this kind of trouble

seems a little unfair that technically not being drunk or over .08 would get you into this kind of trouble

No. The roadside suspension is what's known as an administrative suspension, with no finding of guilt in Court. Because of that, insurance companies aren't supposed to use that information.

And just FYI, as said above, your friend could have been over 0.08, and still blow a warn.

I am not sure this is completely correct, as it does come up on the driver's abstract. Further to that it is regarded as an Alcohol related suspension, so its quite possible that it will.

An administrative lapse or a suspension of a driver’s licence is a documented driver’s licence lapse for administrative or medical reasons that are not connected to driving offence convictions. Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund. An Administrative Driver’s Licence Suspension (ADLS) is also considered an administrative lapse because there is no driving offence conviction connected with the suspension. The new policy is to ensure that future rating of short term administrative lapse or suspension of a driver’s licence is supported by actuarial evidence.

hmm...thats odd the cop didn't give him a suspension notice...

seems a little harsh, since when did breathalizers not give you the actual amount...it just gave him an A figure....no actual reading...

this seems like a dictatorship, you can't even contest the charge...how ridiculous

You're correct in that all suspensions appear on your driving abstract, but that's more for police & MTO use. The Financial Services Commission of Ontario, which regulates insurance, has a bulletin stating administrative suspension's can't be held against a driver. Here's the quote from their bulletin:



To the best of my knowledge, the roadside suspension for a warn is considered an administrative suspension, just like the 90 day ADLS.