In Ottawa, failing a breath test triggers an immediate 90-day Administrative Driver’s Licence Suspension (ADLS). If you are later convicted of impaired driving in criminal court, you face a mandatory minimum 1-year federal driving prohibition and heavily increased insurance rates.
Seeing flashing red and blue lights in your rearview mirror is a stressful experience for any driver. If you are pulled over in Ottawa and charged with impaired driving or driving “Over 80” (having a blood alcohol concentration over 80 milligrams), the consequences to your daily life are immediate. Losing your ability to drive can jeopardize your employment and make simply getting around the city incredibly difficult.
Many people mistakenly assume they can keep driving until they have a trial in front of a judge. 🚗 In Ontario, however, the provincial government imposes harsh administrative penalties the moment you are charged, completely separate from the criminal justice system. We highly recommend consulting a local criminal defence law firm to understand how these overlapping suspensions affect you.
Step-by-Step Process in Ottawa
Whether you were stopped at a RIDE program in Kanata, on the Queensway, or in downtown Ottawa, the suspension process follows strict rules set by the Ministry of Transportation (MTO) and the Criminal Code of Canada. Understanding the sequence of events is vital for planning your defence and managing your daily commute without a vehicle.
Step 1: The Immediate Roadside Suspension
The moment you fail an Approved Screening Device (ASD) test or refuse to provide a breath sample, the Ottawa Police Service will seize your physical driver’s licence. 📋 You are immediately hit with a 90-day Administrative Driver’s Licence Suspension (ADLS). Your vehicle will also be towed and impounded for 7 days at your own expense, leaving you to find alternative transportation home.
Step 2: The MTO Remedial Requirements
After your immediate 90-day roadside suspension (ADLS) ends, you are legally permitted to temporarily reinstate your driver’s licence to drive while your criminal case is pending. To do this, you must visit ServiceOntario and pay the outstanding fees. You do not need to register for the “Back on Track” remedial program during this pre-trial phase; the program only becomes mandatory if you are formally convicted in court or choose to plead guilty to enter the Ignition Interlock program.
Step 3: The Criminal Court Prohibition
Your criminal charges will be handled at the Ottawa Courthouse on Elgin Street. 💼 If you are convicted of an impaired driving offence, the judge is required by federal law to impose a mandatory driving prohibition of at least 1 year. Under the historic Safer Roads and Communities Act (Bill 197) reforms which took effect on January 1, 2026, the province has also introduced a mandatory automatic lifetime licence suspension at the provincial level if you are convicted of impaired driving causing death. Additionally, the provincial “look-back” tracking window for repeat offenses was officially doubled from 5 to 10 years.
Step 4: The Ignition Interlock Program
For a first-time conviction, you might be eligible to reduce your 1-year federal suspension through the Ignition Interlock Program (Stream A or Stream B). If you plead guilty within 90 days, you may be permitted to drive after serving just 3 months of the court-ordered suspension, provided you install a breathalyzer device in your vehicle.
How Much Does it Cost in Ottawa?
An impaired driving charge is notoriously expensive in Ontario, even if it is your first offence. The financial burden goes far beyond just court fines. As of March 2026, here are the estimated costs you can expect to pay:
- Towing and Impound Fees: A mandatory 7-day impoundment in Ottawa usually costs between $300 and $600 CAD depending on the towing company.
- Licence Reinstatement: Recovering your licence after the 90-day ADLS requires paying a total of $831 CAD at ServiceOntario. This is composed of the $281 CAD reinstatement fee and the mandatory $550 CAD roadside Administrative Monetary Penalty (AMP).
- Court Fines: A first-time conviction carries a mandatory minimum criminal fine of $1,000 CAD, plus a victim fine surcharge.
- Lawyer Fees: Hiring a criminal defence lawyer in Ottawa for an impaired driving case generally requires a retainer between $3,500 and $10,000+ CAD.
How Long Does the Process Take?
The total duration of your driving suspension depends on how quickly your case moves through the Elgin Street courthouse and whether you choose to fight the charges. 📅 Keep in mind that criminal cases in Ottawa routinely take many months to resolve.
| Phase of Suspension | Duration |
|---|---|
| Immediate Roadside Suspension (ADLS) | Exactly 90 days from the date of arrest |
| Criminal Court Prohibition (1st Offence) | Minimum 1 year upon conviction |
| Ignition Interlock Early Reinstatement | Possible after 3 or 6 months (if eligible) |
| High-Risk Insurance Rates | Usually lasts 3 to 6 years post-conviction |
Frequently Asked Questions (FAQ)
Can I drive to work during my 90-day suspension?
No. Ontario does not grant “hardship” or “work-only” licences. If you are caught driving during your 90-day administrative suspension, you will face severe additional charges, vehicle impoundment, and potential jail time.
What happens if I refuse the breathalyzer?
Refusing to provide a breath sample is a separate criminal offence under the Criminal Code. It carries the exact same penalties as failing the test, including the 90-day ADLS, the 1-year driving prohibition, and criminal fines.
Do I still have to pay the reinstatement fee if I am found not guilty?
Yes. The 90-day roadside suspension is administrative and independent of your criminal case. Even if your lawyer wins your trial in Ottawa, you must still pay the $281 CAD fee to ServiceOntario for the initial 90-day suspension.
How long is the suspension for a second offence?
If you are convicted of a second impaired driving offence in Canada, the mandatory minimum federal driving prohibition increases dramatically to 3 years, along with a mandatory minimum sentence of 30 days in jail.
Does an e-bike or scooter count for impaired driving?
Yes. Under the Criminal Code, an e-bike, motorized scooter, or even a boat is considered a “motor vehicle” or conveyance. You can absolutely be charged with impaired driving and lose your Ontario driver’s licence for operating them while intoxicated.
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