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After a first impaired driving (DUI) charge, does a person lose their driver's licence?

In short

There are usually two separate things: a roadside licence suspension that starts on the spot, and the criminal court case. They run on different tracks. How long a licence is affected depends on the specific charge and how the case proceeds.

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Written by Ali Sheikh, founder of Remandly (not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017.

Transcript

There are usually two separate things: a roadside licence suspension that starts on the spot, and the criminal court case. They run on different tracks. How long a licence is affected depends on the specific charge and how the case proceeds.

Impaired driving charges usually involve two separate things: a licence suspension and the criminal court process.

In Ontario, police typically issue a roadside licence suspension that starts on the spot at the time of the incident, and there can also be a separate suspension tied to the criminal charge itself, which the court decides on later depending on how the case proceeds.

The two run on different tracks: the court deals with the criminal charge, and the provincial transportation authority deals separately with the administrative side, including what has to happen before a licence can be reinstated.

Whether a licence is affected long-term, and for how long, depends on the specific circumstances, the exact charge, and how the case moves through court. How this applies to a specific person is a question for a lawyer — the office goes through it with you on the call.

Sources: Criminal Code of Canada · Law Society of Ontario · Legal Aid Ontario

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