Administrative Licence Suspensions

Transcription

1 Administrative Licence Suspensions What is an Administrative Licence Suspension (ALS)? An Administrative Licence Suspension (ALS) is a drivers licence suspension for impaired drivers, administered by enforcement (municipal or RCMP) on behalf of the Registrar. Administrative licence suspensions are governed by the Northwest Territories (NWT) Motor Vehicles Act. If you receive an ALS, your drivers licence will be automatically suspended. NO COURT CONVICTION IS NECESSARY. How long is my suspension? 24 Hours 30 Days 90 Days Will I receive a temporary drivers permit? Any driver whose ability to operate a motor vehicle is negatively affected by alcohol, a drug, or fatigue (as determined by an officer) Novice driver (Class 7, 5P, or 6P) with BAC exceeding zero if BAC exceeds 0.08) Fully licensed driver with blood alcohol exceeding 50 milligrams (up to 0.08 BAC) If you have had a previous 24- hour ALS within the past two years Fully licensed driver with blood alcohol exceeding 80 milligrams (BAC higher than 0.08) if a driver is currently serving an ALS or driving with a temporary drivers permit Yes. Your temporary drivers permit will be valid for seven days after the end of your immediate 24-hour suspension.

2 An ALS covers more than just drinking and driving offences. For example, an officer can administer a 24-hour suspension if they believe on reasonable grounds that fatigue or drugs have impaired your driving ability. Officers may also request a sample of your breath or blood to determine whether alcohol is present in your system. Blood alcohol concentration (BAC) can be measured by an approved screening device or by blood sample. The legal limit for a fully-licensed NWT driver is 0.05 BAC, or 50 milligrams of alcohol per 100 millilitres of blood. Frequently Asked Questions Q: What will happen if I drink and drive? A: You gain nothing by driving while impaired, and you may face: heavy fines; a criminal record; the loss of your licence; loss of employment, if driving is required as part of the job; a reduced social life; higher vehicle insurance costs; time behind bars; damage to property; serious injuries to yourself and others; and/or death. Q: Why have I received a 24-hour ALS? A: You received a 24-hour suspension because an officer believed on reasonable grounds that your ability to operate a motor vehicle was negatively affected by alcohol, a drug, or fatigue. Q: Do novice drivers have a lower BAC limit? A: A novice driver is an individual who holds a learner s drivers licence (Class 7) or probationary drivers licence (Class 5P or 6P). The Northwest Territories Graduated Driver Licensing Program clearly outlines rules for novice drivers, including zero tolerance for drinking and driving. If you are a

3 novice driver, you cannot drive after consuming ANY alcohol. Nor can your supervising driver. If an officer believes a novice driver is driving while impaired, a breath sample is required. (If the breath sample indicates any alcohol in your system, your licence will be suspended immediately for 30 days. If your BAC exceeds 0.08, you will receive an immediate 90-day suspension and you may be charged under the Criminal Code of Canada.) Q: What if my BAC is more than 0.05? A: If you are instructed to provide a breath sample and that sample exceeds 0.05 BAC, your licence will be suspended for 24 hours. If you have received any 24-hour ALS within the previous two years, your licence will be suspended for 30 days. Q: What if my BAC is more than 0.08? A: If you are instructed to provide a breath sample and that sample exceeds 0.08 BAC, your drivers licence will be suspended for 24 hours, ive immediately. You will also be given a temporary drivers permit which takes 24 hours after it is issued and expires after seven days. After your temporary drivers permit expires, your drivers licence will be suspended for 90 days. This is in addition to any court-ordered prohibition. The temporary drivers permit provides an opportunity to sort out your affairs prior to your suspension taking. Q: Will I face criminal charges for having a BAC exceeding 0.08? A: Driving with a BAC over 0.08 is an offence under the Criminal Code of Canada, and you may face criminal charges in addition to receiving an ALS. Q: Can I receive an ALS while driving with a temporary drivers permit? A: If you are instructed to provide a breath sample and that sample exceeds 0.08 BAC, your temporary permit will be cancelled immediately and your drivers licence will be suspended immediately for 90 days.

4 Q: I don t have a valid drivers licence. Can I receive an ALS? A: If you do not hold a valid drivers licence and show a BAC exceeding 0.05, you will be disqualified from applying for or holding an NWT drivers licence for 30 days. If you show a BAC exceeding 0.08, you will be disqualified from applying for or holding an NWT drivers licence for 98 days. Q: I hold a drivers licence from another jurisdiction. Do these laws apply to me? Can I receive an ALS? A: Yes. If you are instructed to provide a breath sample and that sample exceeds 0.05 BAC, you will be disqualified from operating a motor vehicle or applying for an NWT drivers licence for a period of 24 hours beginning immediately. If you have received any 24-hour ALS within the previous two years, you will be disqualified from operating a motor vehicle or holding an NWT drivers licence for 30 days. If you are instructed to provide a breath sample and that sample exceeds 0.08 BAC, you will be disqualified from operating a motor vehicle or applying for an NWT drivers licence for 24 hours, beginning immediately. When this suspension ends, you will have seven days to sort out your affairs, after which you will not be able to drive in the Northwest Territories or to apply for an NWT drivers licence for 90 days. If you are already disqualified from driving in the Northwest Territories, your 90-day suspension will begin immediately. Notice of your suspension will be forwarded to the jurisdiction in which your drivers licence was issued. Q: I received an ALS in another jurisdiction? Will my NWT drivers licence be affected? A: Yes. If another jurisdiction notifies the Registrar that your BAC exceeded 0.08, measured through breath or blood sample, or that you refused to provide a breath or blood sample, your drivers licence will be suspended for up to 90 days. Q: Can I refuse to provide a breath or blood sample? A: It is an offence to refuse to provide a breath or blood sample when requested by an officer. If you refuse, you will face an automatic 90-day suspension as well as possible charges under the Criminal Code of Canada.

5 Q: What will happen if I drive while I m suspended? A: You will face a fine of at least $345 as well as five demerit points. The vehicle you are driving, whether you own it or not, will be seized and impounded for 30 days (s of the Motor Vehicles Act). All towing charges and impound fees will be charged to the registered owner of the vehicle. Q: What do I have to do to get my licence back? A: Unless you have successfully appealed your ALS, you must serve the full suspension. There may also be reinstatement conditions associated. Until you comply with all reinstatement conditions set out by the Registrar, your suspension will remain in. You may be required to: Complete a driver improvement program; Pay a reinstatement fee; Undergo a driver assessment; Complete an alcohol dependency awareness program; Undergo further alcohol dependency awareness assessment; or Complete an alcohol treatment program. Q: Where do I go to get my drivers licence back? A: If you are under a 24-hour ALS, your drivers licence will be held by the RCMP. You may pick up your drivers licence at your local RCMP detachment when your suspension has ended. Your licence will be held by the Northwest Territories Department of Transportation, Road Licensing and Safety Division, for any ALS of more than 24 hours. Q: Can I appeal my ALS? A: If your drivers licence has been suspended for 30 or 90 days, you have the right to have this driving suspension reviewed by the Registrar or an Adjudicator. A hearing before the Registrar or Adjudicator can be either in writing or in person. (30-day suspensions will be reviewed by a Registrar, while an adjudicator appointed by the Minister of Transportation will review 90-day suspensions. )

6 If you have been criminally charged, the verdict from court will not affect your appeal and you must still complete your ALS. If the court verdict is in your favour, your ALS will not appear on your criminal record. Length of Suspension Must File for Appeal Within 30 days 10 days of receipt of the Notice of Suspension 90 days 30 days from receipt of the Notice of Suspension Application forms are available at any issuing site and can be purchased for $212. Hardship caused by the suspension, disqualification, or cancellation is outside the scope of the appeal and will not be considered. Q: What will happen if I am convicted of impaired driving under the Criminal Code of Canada? A: Drivers convicted of an offence under sections 253 or 254(5) of the Criminal Code of Canada can lose their licence for five years or more, in addition to the penalties imposed by a court of law. Section 253(1) of the Criminal Code of Canada: Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, (a) while the person s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in the person s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. Section 254(5) of the Criminal Code of Canada: Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.

7 If convicted under the Criminal Code of an impaired driving offence while operating a motor vehicle, a boat (vessel), aircraft, or railway equipment, in addition to any court-imposed prohibition, you will be prohibited from driving for at least one year under the NWT Motor Vehicles Act. Convictions within the past ten years or more If a death occurs as a result of an impaired offence Penalty under the Motor Vehicles Act, upon conviction under the Criminal Code of Canada operating a motor vehicle for one year [Section (a) of the MVA] operating a motor vehicle for three years [Section (b) of the MVA]. operating a motor vehicle for five years [Section (c) of the MVA]. operating a motor vehicle for at least five years [Section (d) of the MVA]. You will face a minimum licence suspension and a prohibition on operating a motor vehicle for an indefinite period of at least five years, even for a first time offence [Section of the MVA]. For more information please contact: Road Licensing and Safety Division Department of Transportation Highways Building, 1st Floor Avenue P.O. Box 1320 Yellowknife, NT X1A 2L9 PH: FAX: