Difference between revisions of "Driving While Prohibited"

{{Dial-A-Law TOC|expanded = autos}}

:*the Superintendent considers it in the public interest – for example, if you have a bad driving record.

:*your driver’s license was suspended in anther province or state.

:*you don’t take a medical exam that the Superintendent orders.

:If you have care or control of a vehicle and the police have reasonable grounds to believe that your ability to drive is affected by alcohol or drugs, they may:

:*require you to remove your vehicle from the road.

:*give you notice of a 24-hour prohibition. The notice is a document.

:*impound your vehicle (have it towed) to prevent you from driving during the 24-hour prohibition.

:If the prohibition is because of alcohol, you can ask the Superintendent to review the prohibition. You have to do that in writing, within 7 days of getting the notice. The Superintendent can cancel the prohibition only in 2 cases: if you were not the driver or you did not have care or control of the vehicle or if the police failed to test your blood alcohol when you asked.

:A 12-hour suspension applies only to new drivers in the Graduated Licensing Program. As a driver in this program (as a Learner or Novice), if you have care or control of a motor vehicle and an ASD test shows you have any alcohol in your body, you receive an immediate 12-hour driving suspension. You also have to go back to the start of your 12-month (L) or 24-month (N) stage. And the Superintendent will automatically review your driving record and can give you more driving prohibitions if your record is unsatisfactory.

:If your blood-alcohol level is over 0.05, you face the same consequences as other drivers, plus go back to the start of your 12-month (L) or 24-month (N) stage. There is no review of a 12-hour roadside suspension.   

:If you have care or control of a motor vehicle and the police reasonably suspect that you have alcohol or drugs in your body, they may demand that you blow into a hand-held breath-testing device at the side of the road. (Script [[Drinking and Driving (Script 190)|190]] has more on this.)  

:If the device shows a “warn”, the police will:

:*impound your vehicle for 3 clear days (not including weekends).

:*immediately prohibit you from driving for 3 clear days (longer for later incidents).

:If the device shows a “fail” or if you refuse to provide a breath sample, the police will:

:*prohibit you from driving for 90 days.

:*impound your vehicle for 30 days.

:You can ask for a review of the prohibitions within 7 days. But the grounds for disputing the prohibition are very limited and most prohibitions are upheld. And usually, the prohibition will be over before the review is held.

:If your blood alcohol content is over 0.08, or if you refuse to give a breath sample, police may give you a 90-day driving prohibition and charge you under the ''Criminal Code'' with impaired driving – if they don’t give you an IRP (see item 4 above).

:*two 90-day administrative driving prohibitions within 5 years,

:*three 24-hour driving prohibitions within 5 years, or

==More information==