Ignition Interlock Ontario Program Explained by an Impaired Driving Lawyer in Ontario

Convictions under the Criminal Code can have life-long consequences, depending on the severity and type of offence. Minor offences have minor penalties, while grave offences may even lead to a life sentence in Canada.

If you drive under the influence and are convicted of an impaired driving offence under the Criminal Code, then the ignition interlock program will become mandatory for you.

In such cases, hiring an impaired driving lawyer in Ontario is best. Our expert impaired driving lawyer, Suny Virk, has created a comprehensive guide to help you understand the ignition interlock in Ontario.

What is Ignition Interlock in Ontario?

The Ignition Interlock is a mandatory program in Ontario for drivers who have been:

• Convicted of an impaired driving offence under the Criminal Code
• Or suspended three or more times within ten years for impaired driving offences

If you want to continue driving after your licence is reinstated, you must have an ignition interlock device installed within your vehicle.

The ignition interlock device is an alcohol breath screening device within your car that will prevent the engine from starting if the device detects alcohol in your system.

You can read more about the alcohol limit for driving in Ontario on our blog.

What Are The Penalties For Impaired Driving Charges?

Type of Penalties within the Ignition Interlock Program

You will have to stay in this program for a specific time period. This will depend on the condition that is placed on your driving licence.

If your penalty type is a Criminal Code conviction, then your condition period will be:

• Minimum one year for first-time offenders
• Minimum of three years for second-time offenders
• Minimum of six years if the licence is reinstated after a minimum 10-year suspension for third-time offenders

On the other hand, if you have received an administrative suspension, your condition period will be a minimum of 6 months after you serve the mandatory licence suspension period.

Please note that the condition of your Ignition Interlock Program may get extended if you violate the program terms. These can include:

• Device tampering, such as hacking or removing the device
• Driving without your ignition interlock device
• Missing appointments with the service provider of your program
• Failure to install interlock device within thirty days of licence reinstatement

If you don’t install the ignition interlock device, you will not be allowed to drive until the conditions from your licence are removed.

Ignition Interlock Ontario Cost

The cost of an ignition interlock in Ontario can vary between $1,500 and $2,000 or more per year. These costs include device installation, maintenance, monitoring, and enrollment in the program.

The total cost will also depend on factors such as:

• The manufacturing year, model, and make of the vehicle in which the device is installed
• Installation period of the ignition interlock Ontario
• Location and jurisdiction where the indictment and order to go into the program were issued
• Availability of other features on the device, such as real-time reporting or GPS

We recommend that you check the exact price from the program’s service providers. They will provide a more accurate estimate of the costs of the ignition interlock program and device.

Ignition Interlock Program Exemption

The number of people who will qualify for an ignition interlock program exemption is very small. Where it is medically deemed necessary, the technical standards allow for the minimum volume of expired air required by the interlock device to provide accurate alcohol measurement to be reduced to 0.7 litres.

Suppose you are claiming exemption on the grounds of a medical condition. In that case, you must provide a letter from a licensed respirologist with an opinion on whether you are healthy enough to operate the vehicle without any safety issues.

Is Ignition Interlock Mandatory in Ontario?

Ignition interlock in Ontario is only mandatory for drivers convicted of an impaired driving offence under the Criminal Code or who have had their licence suspended three or more times within ten years of impaired driving offences.

The latter is also known as administrative suspension. If you fall into either of these two categories, the program will be mandatory for you.

How to Reduce Suspension with the Ignition Interlock Conduct Review Program

There is a possibility for you to reduce your sentence after a DUI or impaired driving offence. You can do this under the Ignition Interlock Conduct Review Program.

Here is what you need to know about it:

Overview of the Ignition Interlock Conduct Review Program

If you want to reduce your sentence, you must meet certain conditions under this program to gain approval for the reduced sentence.

Three unique streams can reduce the length of the sentence. Which include Stream A, Stream B, and Stream D. We have explained each stream below in detail to help you understand which one you can apply for:

1. Stream A

This is for first-time offenders. The standard penalty for this category is a licence suspension of one year under the Standard Highway Traffic Act, followed by a minimum one-year ignition interlock installation period.

On the other hand, if you opt for the reduced suspension program, then your licence will be suspended for a minimum of three months, followed by an ignition interlock of a minimum of nine months

2. Stream B

This category is also for first-time offenders. Under the Standard Highway Traffic Act, the licence suspension period is one year, followed by a minimum of one year of ignition interlock.

However, the reduced sentence based on the program can be a licence suspension of at least six months followed by an ignition interlock of at least twelve months.

3. Stream D

Stream D is for second-time offenders. The licence suspension period for this stream is three years, followed by a minimum of three years of ignition interlock.

Under the reduced sentence program, the licence suspension can be a minimum of nine months, followed by an ignition interlock of a minimum of 18 months.

Eligibility Criteria for the Conduct Review Program

You will have to fulfil some eligibility requirements to reduce your ignition interlock sentence. So, you can be eligible for a review to reduce sentence if:

1. Your licence has been suspended for one to three years under an alcohol-impaired driving conviction under the Criminal Code
2. The offence committed did not involve impairment because of drugs and alcohol
3. You are a first or second-time offender, as stated by the Highway Traffic Act
4. You meet the above requirement, but your licence is still suspended because of a prohibition order that is more than one year for first-time offenders or more than three years for second-time offenders
5. You were not convicted of an offence under the Criminal Code where death or bodily harm was caused
6. You were convicted of a drive-while-disqualified offence under the Criminal code within five years (first-time offenders) or ten years (second-time offenders) before the conviction for alcohol-impaired driving
7. You aren’t subject to a court order denying your authorisation to drive with an ignition interlock during your prohibition period
8. You have not been provided a reduction of sentence to ten years of an indefinite licence

How to Apply to the Conduct Review Program for Reduced Suspension

Before you apply for the reduced suspension program, you must have the following:

• All outstanding penalties or fees you may have
• Been reinstated from any other licence suspensions
• All other active prohibitions or suspensions removed or expired

Once you meet these requirements, then you can apply for the reduced suspension program through the following steps:

1. Complete the assessment of the Back on Track remedial measures program. If you are a second-time offender, you must complete the full program before applying.
2. You should sign a lease agreement for an ignition interlock device with one of the service providers, such as Smart Start Canada or Alcolock Canada.

Violating the Conduct Review Program: Violations and Penalties to Receive

If you violate the ignition interlock installation period, you will be removed from the Conduct Review Program, and your licence will be suspended again.

Some possible violations of this program can include the following:

1. De-installation of the device without any prior authorisation
2. Tampering with the device in any way
3. Failure to install the approved ignition interlock device within thirty days of the conditional licence reinstatement
4. Another driving offence conviction under the Criminal Code
5. Driving a vehicle not equipped with a pre-approved ignition interlock device
6. Missing appointments with your ignition interlock service provider

Once you have been removed from this program because of the violations, you will:

1. Get credit for the amount of suspension you have served
2. Be subject to a full licence suspension period and ignition interlock requirements for your offence as if you never participated in the review program
3. Have to complete the remedial measures program before your driver’s licence reinstatement can be ensured with an ignition interlock licence condition for a minimum of one year for first-time offenders or three years for second-time offenders

Penalties for Violating the Review Program

If you violate the Review Program by violating the agreement with your service provider or performance failures, you will have to face various penalties as a result, which can include the following:

Extending the Ignition Interlock Period

When the ignition interlock device is used, all activity is recorded. After every sixty days, you will have to return your device to the service provider so they can download the data from it and calibrate the device.

The reason for this is that it will allow the service provider to monitor your performance under this program.

Performance violations include exceeding the BAC levels of 0.02 or missing a breath sample test that the ignition interlock device requested randomly while you were driving.

If you are a first-time offender, a performance failure penalty can lead to extending your ignition interlock installation period for another three months from your current expiry date for failures in the last three months of your installation.

If you are a second-time offender, you must serve another six months from the current expiry date for failures in the last six months of your installation.

On the other hand, if you get suspended due to an administrative roadside sanction, such as exceeding the BAC limit, you will face an extra three months from your current expiry date.

Exiting the Conduct Review Program

When your ignition interlock installation period is complete, you can meet some requirements to exit this program and receive your licence. These requirements include the following:

• Completing the remedial measures program with success, which can take around eleven months for completion
• Your service provider has provided the final interlock data, which doesn’t reflect performance failures or other violations. Please note that if your licence is suspended when the final appointment takes place, then the final data download will be unacceptable

Failure to meet the above requirements will mean continuing your ignition interlock installation period and consistently monitoring your performance.

What You Need to Do If You Don’t Enter the Conduct Review Program

If you decide that you don’t want to enter the Reduced Suspension Program, then you will have to:

• Complete the remedial measures program
• Serve the complete suspension period assigned to you
• Fulfil the ignition interlock condition for one year on your licence if you are a first-time offender. If you are a second-time offender, you will have to fulfil the ignition interlock condition on your licence for three years
• Complete and submit the Substance Use Assessment Form to remove the condition of ignition interlock from your licence

Whether or not you want to enter this program is up to you. You can contact an impaired driving lawyer in Ontario and discuss the options at your disposal.

10 Ignition Interlock Installation Locations in Ontario

Smart Start and Alcolock Canada have ignition interlock installation locations in Ontario from which you can choose. We have listed them to help you find a location nearest to you:

• Smart Start, Pickering, Ontario: 1600 Alliance Rd, Pickering, ON L1W 3V2, Canada.

• Smart Start, Newmarket: 220 Pony Dr Unit #1B, Newmarket, ON L3Y 7B6, Canada.

• Smart Start, London: 663 Wellington Rd, London, ON N6C 4R4, Canada.

• Smart Start, Barrie: 151 Tiffin St, Barrie, ON L4N 2N3, Canada.

• Smart Start, Ottawa: 3252 Hawthorne Rd, Ottawa, ON K1G 3W9, Canada.

• Smart Start, Mississauga: 3190 Ridgeway Dr Unit 12, Mississauga, ON L5L 5S8, Canada.

• Smart Start, Hanover: 641 13th Ave, Hanover, ON N4N 2X3, Canada.

• Smart Start, Peterborough: 675 The Queensway Unit C, Peterborough, ON K9J 7J6, Canada.

• Smart Start, North York: 874 Magnetic Dr, North York, ON M3J 2C4, Canada

• Alcolock, Etobicoke: Alcohol Countermeasure Systems Corp, 60 International Blvd, Etobicoke, ON M9W 6J2, Canada.

You can visit any of these ignition interlock installation locations to help you install your device.

What is The Ignition Interlock Program In Ontario?

FAQs

How do I contact Alcolock Canada?

You can contact Alcolock Canada in Ontario by calling 1 (866) 658-6374. You can also conduct a quick online search and find an Alcolock location nearest to you.

What happens if you don’t have a car for interlock in Ontario?

Even if you don’t own the vehicle, you will still have to get the ignition interlock device fitted in a car so you can drive it legally. This applies to work, family-owned, and personal vehicles.

How do I remove an interlock condition in Ontario?

We recommend contacting the Ministry of Transportation if you want to remove the interlock condition in Ontario. However, you can only do this if you have completed the minimum period of your condition without any violations.

Schedule a Free Consultation with Our Impaired Driving Lawyer in Ontario

If you are facing an impaired driving charge in Ontario, then it is best to let your lawyer handle your case. Criminal convictions can be complex, so it is best to let a professional handle your case.

You can schedule a free consultation with your impaired driving lawyer in Ontario to help familiarise you with the ignition interlock program.

Author Profile

Suny Virk

Mr. Suny Virk is a reputable criminal defence lawyer in Mississauga focusing primarily on criminal law matters of clients. Mr. Virk has been awarded with the Certificate of Merit Award in Advocacy. Now, he wants to impart his knowledge and wisdom to other people who may be struggling with the Canadian legal system to serve his community.

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