Difference between revisions of "Driving While Prohibited"

Driving prohibition for Criminal Code conviction (court ordered)

You lose the right to drive if you are convicted of a Criminal Code offense related to motor vehicles. For example, if you are convicted of impaired driving, dangerous driving, or hit and run, you are prohibited from driving for 1 to 3 years. This is the penalty for a first offense – unless a judge orders a longer prohibition. For a second conviction, you will be prohibited from driving for 2 to 5 years. For third and later convictions, you will be prohibited from driving for 3 years to lifetime.

Starting June 15, 2005, if you are convicted of a Criminal Code offense relating to motor vehicles, you have to complete a user-pay rehabilitation program. This type of program may also be required if you apply for a driver’s licence and you have received:

two 90-day administrative driving prohibitions within 5 years,

three 24-hour driving prohibitions within 5 years, or

a combined total of three 24-hour prohibitions or 90-day prohibitions within 5 years.

If you are convicted of 3 of more alcohol-related Criminal Code offences, you can re-apply for a driver’s license after 5 years if you successfully complete the rehabilitation program.

If you are charged with driving while prohibited

Penalties for driving while prohibited

For a first offence, a judge must fine you at least $500 and up to $2000. But the judge does not have to send you to jail, and usually doesn’t.  

For a second or further offense, a judge will fine you at least $500 but not more than $2000 and must send you to jail for at least 14 days up to one year.

Driving prohibition of 12 months or longer

In addition to a fine and jail term, if you’re convicted of driving while prohibited, even if it’s your first offence, you will be prohibited from driving for at least 12 months. The judge can consider your driving record and impose a longer prohibition, in addition to the automatic 12-month prohibition.

There are other penalties too. If the police catch you driving while prohibited, they will impound, or take away, your vehicle. It will also be impounded if you are suspended from driving for Criminal Code convictions related to motor vehicles or if you are prohibited from driving because you are medically unfit.

The impoundment lasts 7 days for a first incident and 30 days for a second incident and 60 days for a third incident. You have to pay all costs of the impoundment before you get your vehicle back. You can ask the Superintendent to review the impoundment within 30 days of the date of the notice of impoundment. The impoundment notice explains how to apply for a review.

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