Interlock Eligibility

The interlock device is a machine that is installed in a vehicle by a qualified technician. In order to start the vehicle, it requires the driver to blow into the device to show that they do not have any alcohol in their system. The device may also require them to blow into it while the vehicle is already being driven.

The Criminal Code of Canada makes a one year driving prohibition mandatory for an accused person who pleads guilty or is convicted of a drinking and driving offence (aka a DUI). But each province has created a regime to allow the person to drive within that one year prohibition if they install an interlock device in their vehicle. In Ontario, the early interlock regime is known as Stream A and B.

Stream A eligibility:

• Charged with Over 80, Impaired driving and/or Refuse or Fail to Provide (but not causing bodily harm or death);
• No allegation of drug impairment or a combination of alcohol and drug impairment;
• Valid Ontario Driver’s Licence;
• No previous convictions for Over 80, Impaired driving and/or Refuse or Fail to Provide within the last 10 years;
• No convictions for Drive Disqualified within the last 5 years;
• Never had an indefinite licence suspension reduced to 10 years;
• Plead guilty or are convicted within 90 days of the offence date; and
• Not subject to Court order denying interlock eligibility.

If they are Stream A eligible, the person will do an additional 90 days of no driving from the date of plea/conviction. After that, they will be required to install the interlock in their vehicle for a period of 9 months (or longer). They will also be required to complete the Back on Track program and pay for their driver’s licence to be reinstated.

Stream B eligibility:

• Charged with Over 80, Impaired driving and/or Refuse or Fail to Provide (but not causing bodily harm or death);
• No allegation of drug impairment or a combination of alcohol or drug impairment;
• Valid Ontario Driver’s Licence;
• No previous convictions for Over 80, Impaired driving and/or Refuse or Fail to Provide within the last 10 years;
• No convictions for Drive Disqualified within the last 5 years;
• Never had an indefinite licence suspension reduced to 10 years;
• Pleaded guilty or are convicted after 90 days from the offence date; and
• Not subject to Court order denying interlock eligibility.

If they are Stream B eligible, the person will do an additional 6 months of no driving from the date of plea/conviction. After that, they will be required to install the interlock in their vehicle for a period of 12 months (or longer). They will also be required to complete the Back on Track program and pay for their driver’s licence to be reinstated.

If an accused person is charged with a drinking and driving offence causing bodily harm or death, impaired by a drug, while using an out-of-Province driver’s licence or they have another drinking and driving conviction from within 10 years, that person is not eligible for either Stream A or B.

Eligibility for participation in Stream A or B is determined by the Ministry of Transportation of Ontario.

The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting Branden Miller or another lawyer regarding any specific legal issues.

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