90 Day Administrative Suspensions

What is the 90 day administrative suspension?

Police officers will be authorized to suspend the driver's licence of anyone driving with a blood alcohol content (BAC) over .08 or refusing a demand for a breath sample. The suspension will last 90 days effective 14 days after the mandatory 24 hour suspension expires.

Who can be suspended?

This 90 day roadside suspension will be applied to anyone charged with driving with a BAC over .08 or refusing a demand for a breath sample.

How will the suspension work?

Anyone being charged with an offence for a BAC over .08 or refusing a breath test will also be served with the 90 day administrative suspension. The driver will be given a 24 hour suspension, which will take effect immediately and the 90 day administrative suspension will come into effect 14 days later. The 14 days are given in order for the driver to make alternative transportation arrangements and receive further suspension information from Motor Registration Division.

Why is this new law being introduced?

The 90 day administrative driver's licence suspension is part of the province's continuing efforts to combat drinking and driving.

Does this replace other suspensions such as the 24 — hour suspension?

No. This new 90 day suspension will be applied to all classes of drivers if they drive with a BAC over .08 or refuse a demand for a breath sample.

Is the 90 day suspension constitutional?

Courts have ruled this suspension is constitutional and does not exceed provincial authority. Challenges to the administrative suspensions in British Columbia, Alberta, Manitoba, Ontario, Nova Scotia and Prince Edward Island have all been unsuccessful.

Isn't a person not innocent until proven guilty?

The courts have recognized the suspension to be an administrative sanction. The suspension is intended to be a swift, certain means of taking drinking drivers off the road. Whether the driver is guilty or innocent of the charges will be determined by the courts.

What if the driver is found not guilty?

The Criminal Code charge is a separate matter from the administrative suspension. Provided the 90 day administrative suspension is lawfully imposed, it will be maintained.

Does the 90 day suspension result in fines or points against the driver's licence?

This is only an administrative suspension, which means there are no fines or demerit points applied against the driver's licence. If convicted under the Criminal Code, fines and jail sentences may apply.

Since this is an immediate suspension what will happen to the vehicle?

If someone else is in the vehicle who is able to drive, they can take control of the vehicle. If not, the vehicle will be either parked or seized depending on the circumstances.

Do other provinces have 90 day suspensions?

Except for New Brunswick and the Northwest Territories, all the other provinces have a similar 90 day administrative suspension with the exception of Quebec. In that province the administrative suspension will soon be changed to 30 days for a first offence and 90 days for a second offence. There is no 14 day period before the suspension takes effect; it is immediate.

Is there an appeal of the 90 day suspension?

No. This is an administrative sanction in a concentrated effort to take drinking drivers off the road.

How will I receive information of this action if I am suspended?

Information regarding your 90 day suspension will be forwarded to you by the Motor Registration Division.