Area of Law: Criminal Law
Answer # 7712
What are ignition interlock devices?
Region: Ontario Answer # 7712An ignition interlock device is a specialized piece of equipment installed in a vehicle, aimed at preventing individuals who have consumed alcohol from starting their car. This device functions as a breath-screening device, requiring the driver to provide a breath sample before the engine can be started.
Ignition interlock devices as a condition for reinstatement of driving privileges
In Canada, ignition interlock devices can be mandated by the court or by provincial and territorial licensing authorities as part of the conditions for reinstating driving privileges following an impaired driving conviction. This is often imposed on repeat offenders or those who were found with high blood alcohol content (BAC) levels. If you have been charged with a criminal driving offence such as impaired driving, it is important to hire an experienced criminal defence lawyer as soon as possible.
In Ontario, the Ignition Interlock Program is mandatory for drivers who have either:
- Been convicted of an impaired driving offence under the Criminal Code, or
- Had their licence suspended three or more times within a 10-year period for impaired driving offences (called “administrative suspensions”)
How do ignition interlock devices work?
Once a judge mandates the use of an ignition interlock device under the provincial Ignition Interlock Program, the offender must have the device installed by an approved provider at their own cost. Before the vehicle can be started, the driver must blow into the device which is located near the driver’s seat. The device then analyzes the breath sample for alcohol content. The device is connected to the vehicle’s ignition system, and the vehicle won’t start unless the driver provides a breath sample with an alcohol level below the pre-set limit of 0.02.
In addition to the initial breath sample, the ignition interlock device also requires random re-tests while the vehicle is in operation, designed to prevent someone else from providing the initial breath sample or the driver from consuming alcohol after the vehicle is started.
What are the responsibilities of a driver using an ignition interlock device?
A driver required to use an ignition interlock device in Canada has several responsibilities. They must have the device installed by a government-approved provider and they are responsible for the costs associated with the installation, maintenance, and removal of the device. Any damage, whether accidental or deliberate, is usually the individual’s responsibility to repair.
How long must a driver use the Ignition interlock device?
Drivers convicted of drinking and driving Criminal Code offences will have the following ignition interlock condition placed on their Ontario driver’s licence:
- First-time offenders: minimum of one year.
- Second-time offenders: minimum of three years.
- Third-time offenders: minimum of 6 years if licence is reinstated after a minimum 10-year suspension.
Fourth-time offenders are not eligible for the Program because in most cases, their licence will never be reinstated (lifetime licence suspensions may be reduced after 10 years if certain criteria are met).
What if a driver does not blow into the device, or if their BAC exceeds the limit?
In Ontario, if a driver with a device doesn’t provide a sample, or his or her BAC is higher than the pre-set limit of 0.02, the vehicle will not start, and the device will:
- issue a warning
- record the event
- activate specific alarm systems, such as lights flashing or horn honking, until the ignition is turned off
Penalties for violating a court-imposed ignition interlock device condition
Non-compliance with ignition interlock device requirements, including driving a vehicle other than your own that does not have an ignition interlock device, can lead to significant legal consequences. These might include an extension of the interlock period, fines, and even imprisonment.
Fines under the Highway Traffic Act for a conviction of driving without an ignition interlock device or for tampering with the device range from:
- $200-$20,000 for commercial vehicles
- $200-$1,000 for other motor vehicles
Along with other penalties, drivers who are convicted of a Criminal Code offence and who violate the terms of the ignition interlock device condition may also have their vehicle impounded:
- 45 days for a first offence
- 90 days for a second offence
- 180 days for a third or subsequent offence
A driver can choose to not install an ignition interlock device on their vehicle; however, they are legally not allowed to drive any unequipped vehicle until the ignition interlock program term has expired.
What happens when the program is completed?
If the program condition is due a Criminal Code conviction, a driver can apply to have the condition removed from his or her driver’s licence once they have completed the minimum period for the condition without any program violations. If the program condition is from an administrative suspension, the ignition interlock condition will automatically be removed if the minimum 6-month period has been completed without any program violations.
While the completion of the Ignition Interlock Program is usually a prerequisite for full license reinstatement, participation in the Program does not replace other penalties or requirements resulting from an impaired driving conviction, such as fines, education programs, or probation.
Get help
To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.
If you have been charged with a driving offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .
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