If you are arrested for impaired driving or blowing ‘Over 80’ in Markham, your driver’s licence is immediately suspended for 90 days under Ontario’s Administrative Driver’s Licence Suspension (ADLS) program. This happens on the side of the road, long before you ever step foot inside a courtroom.
Being pulled over by the York Regional Police for suspected impaired driving is a terrifying experience. Many drivers mistakenly believe that they keep their driving privileges until a judge officially convicts them of a crime. However, in Ontario, the penalties begin the exact second you are arrested. While ‘DUI’ (Driving Under the Influence) is a popular American term, Canadian law refers to these offences as Impaired Driving or operating a vehicle with a blood alcohol concentration (BAC) Over 80mg.
Ontario’s Highway Traffic Act empowers police to impose immediate, severe administrative penalties to get suspected impaired drivers off the road quickly. If you are facing an impaired driving charge in Markham, from a R.I.D.E. check on Highway 7 to a traffic stop in Unionville, understanding the 90-day suspension and your vehicle impoundment is crucial for managing your daily life and planning your legal defence.
Step-by-Step Process: The Immediate Aftermath in Markham
The administrative penalties for impaired driving are automatic and strictly enforced. Here is exactly what happens to your licence and vehicle from the moment of arrest.
Step 1: The Roadside Arrest and Breathalyzer
If a police officer demands a breath sample into an Approved Screening Device (ASD) and you register a ‘Fail’ (over 80mg of alcohol per 100ml of blood), or if they determine you are impaired by drugs, you will be arrested. You will be handcuffed, read your right to speak to a lawyer, and transported to the nearest York Regional Police division for further evidentiary testing on a formal Intoxilyzer machine.
Step 2: The 90-Day ADLS Suspension
If you fail the formal breath test at the station, or if you refuse to provide a sample, the police will immediately issue a 90-day Administrative Driver’s Licence Suspension (ADLS). The officer will physically take your driver’s licence card on the spot. For the next 90 days, it is a severe provincial and criminal offence to drive any motor vehicle anywhere in Canada. 🚫
Step 3: The 7-Day Vehicle Impoundment
Alongside the licence suspension, the vehicle you were driving will be immediately towed and impounded for a mandatory 7 days. This applies even if you do not own the car (for example, if you borrowed a friend’s vehicle or were driving a rental). You are entirely responsible for the expensive towing and daily storage fees at the local Markham impound lot.
Step 4: Reinstating Your Licence After 90 Days
The 90-day ADLS is entirely separate from your criminal charges. Once the 90 days have passed, your licence does not magically reactivate. You must visit a ServiceOntario centre (such as the one on McCowan Road in Markham) and pay a mandatory reinstatement fee. Even though you can drive again after paying this fee, you must still attend the Newmarket Courthouse to fight the actual criminal charges.
How Much Does the Immediate Suspension Cost?
Even before a criminal trial begins, an impaired driving arrest brings massive out-of-pocket expenses that you must pay to regain your vehicle and driving privileges.
| Penalty or Requirement | Estimated Cost in CAD |
|---|---|
| 7-Day Vehicle Impoundment (Towing & Storage) | Typically $800 to $1,500+ depending on the towing company |
| ServiceOntario ADLS Reinstatement Fee | $281 flat provincial fee |
| Alternative Transportation (90 Days) | $500 to $2,000+ (Uber, transit, or taxis in Markham) |
| Consulting a Criminal Defence Law Firm | Often $0 for the initial case evaluation |
How Long Does the Process Take?
The timelines for impaired driving are split into two tracks: the immediate provincial penalties and the long-term criminal justice process.
- Vehicle Impoundment: The mandatory impoundment lasts exactly 7 days. You cannot appeal this to get the car out early.
- ADLS Suspension: The administrative suspension lasts exactly 90 days.
- Criminal Trial: Resolving the actual criminal charges at the Newmarket Courthouse generally takes 9 to 18 months. If convicted, you will face an additional mandatory minimum 1-year driving prohibition.
Frequently Asked Questions (FAQ)
Can I drive to work during the 90-day suspension?
No. There are absolutely no ‘hardship’ or ‘work-only’ licences in Ontario during the 90-day ADLS period. If you are caught driving during this suspension, you will face massive fines, further licence suspensions, and potential jail time.
What if my criminal charges are withdrawn early?
Because the ADLS is a provincial administrative penalty, the 90-day suspension remains in effect even if the Crown Attorney drops your criminal charges on day 15. You generally still have to wait out the 90 days, though a lawyer can explain narrow avenues for appeal.
Will this 90-day suspension show up on my driving record?
Yes. The ADLS will appear on your Ontario driving abstract, which means your auto insurance company will eventually see it and likely increase your premiums significantly, even before a criminal conviction occurs.
Can a lawyer get my licence back before 90 days?
Appealing an ADLS through the Licence Appeal Tribunal (LAT) is incredibly difficult and rarely successful unless you can prove mistaken identity or a severe medical emergency. Your lawyer’s primary focus will be fighting the criminal charges to prevent the 1-year criminal prohibition.
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