Police officers will be authorized to suspend the driver's licence of anyone driving with a blood alcohol content (BAC) over .08 or refusing a demand for a breath sample. The suspension will last 90 days effective 14 days after the mandatory 24 hour suspension expires.
This 90 day roadside suspension will be applied to anyone charged with driving with a BAC over .08 or refusing a demand for a breath sample.
Anyone being charged with an offence for a BAC over .08 or refusing a breath test will also be served with the 90 day administrative suspension. The driver will be given a 24 hour suspension, which will take effect immediately and the 90 day administrative suspension will come into effect 14 days later. The 14 days are given in order for the driver to make alternative transportation arrangements and receive further suspension information from Motor Registration Division.
The 90 day administrative driver's licence suspension is part of the province's continuing efforts to combat drinking and driving.
No. This new 90 day suspension will be applied to all classes of drivers if they drive with a BAC over .08 or refuse a demand for a breath sample.
Courts have ruled this suspension is constitutional and does not exceed provincial authority. Challenges to the administrative suspensions in British Columbia, Alberta, Manitoba, Ontario, Nova Scotia and Prince Edward Island have all been unsuccessful.
The courts have recognized the suspension to be an administrative sanction. The suspension is intended to be a swift, certain means of taking drinking drivers off the road. Whether the driver is guilty or innocent of the charges will be determined by the courts.
The Criminal Code charge is a separate matter from the administrative suspension. Provided the 90 day administrative suspension is lawfully imposed, it will be maintained.
This is only an administrative suspension, which means there are no fines or demerit points applied against the driver's licence. If convicted under the Criminal Code, fines and jail sentences may apply.
If someone else is in the vehicle who is able to drive, they can take control of the vehicle. If not, the vehicle will be either parked or seized depending on the circumstances.
All provinces have a similar 90 day administrative suspension with the exception of Quebec. In that province the administrative suspension will soon be changed to 30 days for a first offence and 90 days for a second offence. There is no 14 day period before the suspension takes effect; it is immediate.
No. This is an administrative sanction in a concentrated effort to take drinking drivers off the road.
Information regarding your 90 day suspension will be forwarded to you by the Motor Registration Division.