By Jordan EllisReviewed by the DUI Lawyer Toronto defence teamUpdated 5 min read
Back on Track is Ontario's mandatory remedial program for drivers convicted of an impaired driving offence and for some drivers who receive roadside suspensions. It has three stages: an assessment, an education or treatment program, and a follow-up. You must complete it before the province will reinstate your licence.
Many people facing a DUI charge in Toronto focus on the court case and the fine, and only learn about Back on Track later. This guide explains who needs the program, how each stage works, and how it fits with the other licence consequences of an impaired driving conviction.
What is the Back on Track program?
Back on Track is a remedial program run under Ontario's Ministry of Transportation framework. Its purpose is to address the alcohol or drug use connected to impaired driving and to reduce the chance of it happening again.
It is not part of your criminal sentence. The judge does not order it, and you cannot negotiate it away in a plea agreement. It is a provincial requirement that attaches to your licence, which means it follows automatically once the conditions for it are met.
Who has to complete Back on Track?
You will generally need to complete the program if:
- You are convicted of an impaired driving offence under the Criminal Code. This includes charges such as impaired operation, over 80 and refusal to provide a sample.
- You receive certain roadside suspensions. Warn-range suspensions carry escalating program requirements for repeat occurrences within a five-year period.
The requirement applies on every conviction, not only the first. After a second offence, for example, Back on Track is required again, alongside a three-year provincial licence suspension.
How does Back on Track work, step by step?
Step 1: Assessment
The program begins with an assessment. It looks at your history and current use of alcohol or drugs, and the results decide which stream you will be placed in. Be honest and thorough. The assessment exists to match you with the right program, not to punish you.
Step 2: Education or treatment
Based on the assessment, you are placed in one of two streams:
- Education. A program focused on the effects of alcohol and drugs, the risks of impaired driving and strategies to avoid repeating it.
- Treatment. A more intensive program for people whose assessment shows a greater need for support.
Which stream you are placed in affects how long the process takes, so it is wise to start as soon as you are permitted to.
Step 3: Follow-up
After completing education or treatment, there is a follow-up stage to review your progress. Once all three stages are complete, completion is recorded so that it can count toward licence reinstatement.
Do you have to finish Back on Track before getting your licence back?
Yes. Your licence cannot be reinstated until you have completed Back on Track, even if your suspension period has already ended. Reinstatement also depends on serving the suspension and meeting any other requirements the province imposes.
This catches people off guard. A driver who waits until the end of a suspension to think about the program can find that the program itself is now the only thing keeping them off the road. Asking about enrolment early can help avoid that delay.
Is Back on Track the same as the 90-day roadside suspension?
No. The 90-day Administrative Driver's Licence Suspension is imposed at the roadside or station for a reading over 80, a refusal, or a drug recognition evaluation finding impairment. It starts immediately and runs separately from the criminal case. Our article on the 90-day ADLS explains that suspension.
Back on Track is a remedial program tied mainly to a conviction, which usually comes months later. The two have separate triggers and separate rules, and meeting one does not satisfy the other.
How to prepare for Back on Track
A little organisation can make the program run more smoothly:
- Keep your paperwork together. Hold on to your court documents, your suspension notices and any letters from the province.
- Be candid in the assessment. Trying to minimise your drinking or drug use rarely helps, and an accurate assessment is what places you in the right stream.
- Attend every session and keep records. Missing sessions can delay completion, and keeping your own record of dates helps if a question comes up later.
- Plan around the timeline. Think about work, family and transportation while you complete the program, since you will not be able to drive until your licence is reinstated.
How Back on Track fits with the other licence consequences
An impaired driving conviction brings several licence consequences at once. They overlap, but each has its own rules.
| Consequence | Source | What it means |
|---|---|---|
| Driving prohibition | Criminal Code, ordered by the court | 1 to 3 years for a first offence; 2 to 10 years for a second |
| Licence suspension | Ontario, on conviction | 1 year for a first conviction, 3 years for a second, lifetime for a third |
| Back on Track | Ontario remedial program | Must be completed before reinstatement |
| Ignition interlock | Ontario licence condition | Applies after reinstatement, for at least one year after a first conviction |
The ignition interlock condition comes after Back on Track, not instead of it. Once your licence is reinstated, you may only drive a vehicle fitted with an approved interlock device for the required period. Our guide to Ontario's ignition interlock program explains how the device and its rules work.
Ontario's reduced suspension program can let some eligible first offenders who resolve their case early return to driving sooner with an interlock. The eligibility rules and deadlines are strict, and program requirements still apply, so get legal advice before deciding whether to pursue it.
What happens if you do not complete the program?
If you do not complete Back on Track, your licence stays suspended. Driving anyway can lead to charges for driving while suspended or disqualified, which carry serious penalties of their own and can push reinstatement even further away. Our article on driving while disqualified explains those risks.
Can a lawyer help you avoid Back on Track?
Back on Track follows a conviction, so the most direct way to avoid it is to defend the charge itself. A DUI lawyer can examine the traffic stop, the breath or drug testing, the disclosure and whether your Charter rights were respected. A charge that is withdrawn, dismissed or ends in an acquittal does not produce the conviction that triggers the program.
If a conviction is likely, a lawyer can also explain how the timing of a resolution may affect your eligibility for reduced suspension options. Whether your case is in Toronto, Newmarket or Oshawa, the same provincial rules apply once a conviction is entered.
Talk to our team about your licence
Back on Track is only one piece of the licence puzzle after an impaired driving charge. Our Toronto DUI defence team can explain every requirement that may apply to you, review the evidence against you and help you make informed decisions from the start. Our DUI fines and penalties page sets out the full range of consequences.
Common questions
Is the Back on Track program mandatory in Ontario?
Yes. Back on Track is required after a conviction for an impaired driving offence under the Criminal Code and after some roadside suspensions. It is a provincial requirement, separate from the sentence the court imposes. Your licence will not be reinstated until you have completed the program, even after your suspension period has ended.
What are the steps in the Back on Track program?
Back on Track has three stages. First, an assessment looks at your use of alcohol or drugs and decides which stream is right for you. Second, you complete either an education program or a more intensive treatment program. Third, a follow-up reviews your progress. All three stages must be finished before the province will reinstate your licence.
Do I need Back on Track for a warn-range suspension?
It depends on your history. A warn-range suspension, for a blood alcohol concentration between 50 and 79 mg, is not a criminal offence, but repeat suspensions within a five-year period bring escalating consequences, including program requirements. Read the notice you received carefully, and get advice if you are unsure what the province requires in your case.
Can I get my licence back before finishing Back on Track?
Generally, no. Completing Back on Track is a condition of licence reinstatement after an impaired driving conviction. Serving the suspension period alone is not enough. Driving before your licence is reinstated can lead to new charges, which can extend the time before you are able to drive legally again.
Does Back on Track replace the ignition interlock requirement?
No. They are separate requirements that work in sequence. Back on Track must be completed before your licence is reinstated. The ignition interlock condition then applies once your licence returns, for at least one year after a first conviction. Completing one does not excuse you from the other.
