Frequently Asked Questions
- What is the 90 day administrative suspension?
- Who can be suspended?
- How will the suspension work?
- Why is this law in place?
- Does this replace other suspensions such as the 7 day suspension?
- Is the 90 day suspension constitutional?
- Isn’t a person innocent until proven guilty?
- What if the driver is found not guilty?
- Since this is an immediate suspension what will happen to the vehicle?
- Can I appeal my 90 day suspension?
- How will I receive information about the suspension?
Police officers are 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 7 day suspension expires.
2. 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.
3. How does 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 7 day 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.
4. Why is this law in place?
The 90 day administrative driver’s licence suspension is part of the province’s continuing efforts to combat drinking and driving.
5. Does this replace other suspensions such as the 7 day suspension?
No. The 90 day suspension is applied to all classes of drivers if they are caught driving with a BAC over .08 or refuse a demand for a breath sample.
6. 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.
7. Isn’t a person 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 impaired drivers off the road. Whether the driver is guilty or innocent of the charges will be determined by the courts.
8. What if the driver is found not guilty of the Criminal Code charge?
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.
9. Since this is an immediate suspension what will happen to the vehicle?
The vehicle will be taken from roadside and impounded at a facility. The driver of the vehicle will be given paperwork about the impoundment of the vehicle by the police officer.
10. Can I appeal my 90 day suspension?
Yes. The 90 suspension may be appealed if:
- The suspended driver is not the same person to whom a demand was made; or
- The driver failed or refused to comply with a demand because they were unable to do so for medical reasons.
11. How will I receive information about the suspension?
Information regarding your 90 day suspension will be forwarded to you by the Motor Registration Division.