By Jordan EllisReviewed by the DUI Lawyer Toronto defence teamUpdated 6 min read
To get your licence back after a DUI in Ontario, you need to serve every suspension and court prohibition that applies, complete the Back on Track remedial program and pay the required reinstatement fees. After a conviction, you will also usually have to drive with an ignition interlock device for a set period. Some eligible first offenders who resolve their case early may be able to drive sooner through Ontario's reduced suspension program.
Losing your licence is often the most immediate worry after an impaired driving charge. The good news is that for most people the path back is clear, even if it is long. This guide walks through each stage in order.
Stage 1: The 90-day roadside suspension
For many drivers, the licence consequences start at the roadside. If police allege a blood alcohol concentration over 80, a refusal, or a drug recognition evaluation finding impairment, you receive a 90-day Administrative Driver's Licence Suspension and a 7-day vehicle impoundment, along with an administrative monetary penalty.
This suspension starts immediately and runs separately from the criminal case. It is not a finding of guilt. When the 90 days end, you may generally be able to have your licence returned while your case continues, usually after paying a reinstatement fee, unless another suspension or a court release condition says otherwise. Our article on the 90-day ADLS explains this stage in detail.
Stage 2: Suspension and prohibition after a conviction
If your case ends in a conviction, two separate licence consequences apply:
- A court-ordered driving prohibition under the Criminal Code.
- A provincial licence suspension imposed by Ontario on conviction.
| Conviction | Court prohibition (Criminal Code) | Ontario licence suspension |
|---|---|---|
| First | 1 to 3 years | 1 year |
| Second | 2 to 10 years | 3 years |
| Third or subsequent | At least 3 years, no maximum | Lifetime, which may be reduced after 10 years if conditions are met |
You cannot legally drive until both the prohibition and the suspension have ended and the province has reinstated your licence. This applies whether you were convicted of over 80, impaired operation or refusal.
A lifetime suspension after a third offence is not always permanent. It may be reduced after 10 years if you meet the conditions the province sets, but the process is demanding and depends on your full history.
Stage 3: Complete Back on Track
Back on Track is Ontario's mandatory remedial program after an impaired driving conviction. It has three parts: an assessment, an education or treatment program, and a follow-up.
You must finish all three stages before your licence can be reinstated, even if your suspension period has already ended. People who wait until the end of their suspension to enrol can find that the program is the only thing still keeping them off the road. Our guide to the Back on Track program explains each stage and how to prepare.
Stage 4: The reduced suspension program for eligible first offenders
Ontario offers a reduced suspension program that can let some first offenders get back on the road sooner. In general terms, it may be available to drivers who:
- are convicted of a first impaired driving offence,
- resolve their case early, within the time limits the province sets, and
- agree to drive only a vehicle fitted with an approved ignition interlock device, while meeting program requirements.
The eligibility rules and deadlines are strict, and not every case qualifies. Choosing this route also means accepting a conviction, with everything that comes with it, including a criminal record. That is a decision to make only after a lawyer has reviewed the evidence and explained whether the charge can be defended.
Stage 5: Pay reinstatement fees and install an interlock
Once the suspension and prohibition have run and Back on Track is complete, you can apply to have your licence reinstated. You will need to pay the required reinstatement fees, and after a conviction your reinstated licence will carry an ignition interlock condition.
That means arranging for an approved interlock device to be installed in the vehicle you drive, at your own cost. Keep every receipt and letter, since you may be asked to show that each requirement has been met.
Stage 6: Drive with the ignition interlock condition
After a first conviction, the ignition interlock condition lasts at least one year. During that period, you may only drive a vehicle fitted with an approved device, which requires a breath sample before the engine will start.
Breaking the interlock rules can extend the condition or lead to further consequences. Our article on the Ontario ignition interlock program covers how the device works, what it records and what to avoid.
How long does it take to get your licence back?
It depends on your history and how your case ends. For a first conviction, the minimum is set by the one-year provincial suspension and the court prohibition of 1 to 3 years, followed by at least one year with an interlock condition. For a second offence, the provincial suspension rises to three years and the court prohibition can run from 2 to 10 years.
In practice, the timeline can stretch further if you delay Back on Track, miss paperwork or leave the reinstatement fees unpaid. Many of the delays people experience are avoidable with a little planning.
A checklist before you drive again
Before you get behind the wheel, confirm each of the following:
- The court prohibition has ended. Check the exact dates in your sentencing documents.
- The provincial suspension has ended. Read every notice you received from the province.
- Back on Track is complete. All three stages, including the follow-up, must be finished.
- Reinstatement fees are paid. Keep proof of payment.
- An approved interlock device is installed, if your licence carries that condition.
- You have confirmation of reinstatement. Do not rely on assumptions about dates.
If any item is uncertain, get advice before you drive. A short call is far cheaper than a new charge.
What happens if you drive while suspended?
Driving before your licence is reinstated is one of the most costly mistakes you can make. Driving while prohibited under a court order is a criminal offence, and driving while suspended under provincial law brings its own penalties. A new conviction can add further suspension time and make it much harder to get your licence back.
If you need to get to work or care for family during a suspension, plan transport early instead of taking the risk. Our guide to driving while disqualified explains the penalties.
Can a lawyer help you keep or get back your licence sooner?
Yes, in several ways. The provincial suspension, the court prohibition, Back on Track and the interlock condition all follow a conviction. If the charge is withdrawn, dismissed or ends in an acquittal, those conviction-based consequences do not apply.
A lawyer can examine the stop, the breath or drug testing, the disclosure and whether your Charter rights were respected. Where a conviction is likely, a lawyer can explain the timing of a resolution and whether reduced suspension options may be open to you. We act for drivers across the GTA, including as a DUI lawyer in Brampton for cases heard in Peel Region.
Talk to a DUI lawyer about your licence
Every week counts when your licence is on the line, and some options have deadlines. Our Toronto DUI defence team can review your paperwork, explain which licence consequences apply to you and map out the fastest lawful route back to driving. Our DUI fines and penalties page sets out the wider consequences of a conviction.
Common questions
How long until I get my licence back after a first DUI in Ontario?
After a first conviction, Ontario suspends your licence for one year, and the court also imposes a driving prohibition of one to three years. You cannot drive until both have ended, you have completed Back on Track and the province has reinstated your licence. An ignition interlock condition then applies for at least one year. Eligible first offenders may be able to drive sooner through the reduced suspension program.
Do I get my licence back after the 90-day roadside suspension?
The 90-day Administrative Driver's Licence Suspension is separate from the criminal case. When it ends, you may be able to have your licence returned while the case is still before the court, usually after paying a reinstatement fee, unless another suspension or a release condition prevents it. If you are later convicted, the longer suspension and court prohibition apply.
What is the reduced suspension program in Ontario?
It is a provincial program that can let some first offenders who resolve their impaired driving case early return to driving sooner, on condition that they drive only a vehicle fitted with an ignition interlock device and meet other requirements. Eligibility rules and deadlines are strict, so get legal advice early if you think the program may apply to you.
Can I get my licence back after a third DUI in Ontario?
A third impaired driving conviction brings a lifetime provincial licence suspension. It may be reduced after 10 years if you meet the conditions the province sets for a reduction. The court prohibition for a third offence is at least three years with no maximum. Because the consequences are so serious, a third charge calls for a careful defence from the start.
What happens if I drive before my licence is reinstated?
Driving while your licence is suspended, or while a court prohibition is in force, can lead to new charges. Driving while prohibited under a court order is a criminal offence, and a conviction can bring further penalties and push your reinstatement date even further away. Wait until you have written confirmation that your licence has been reinstated before you drive again.
