Charged with a DUI? Here's what Happens to Your Licence.

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Criminal DefenceSeptember 2, 2026

Charged with a DUI? Here's what Happens to Your Licence.

If you've been charged with impaired driving, driving over the legal limit, or refusing a breath sample anywhere in Chatham-Kent or Windsor-Essex, you'll likely get paperwork from the Ministry of Transportation Ontario (MTO) about your driver's licence — often while your court case is still ongoing.

Here's the most important thing to know: your criminal case and your MTO licence process are two separate tracks. What happens in one can affect the other, but they don't run on the same timeline, and dealing with one doesn't pause the other.

Why is my licence suspended if I haven't been convicted?

The initial suspension is administrative, imposed under provincial law — not a result of a criminal conviction. It can take effect immediately, even though you're presumed innocent and your charge could later be withdrawn, reduced, or successfully defended.

I got a notice to complete Back on Track — do I still need to?

Generally, yes — by the deadline on the notice — unless we've told you otherwise. This requirement is usually tied to the administrative suspension itself, not to a conviction. Don't wait to see how your criminal case turns out before dealing with it.

Completing Back on Track is not an admission of guilt. You can comply with MTO requirements while we're still defending your case or negotiating with the Crown.

My lawyer is negotiating a Careless Driving plea — does that pause MTO deadlines?

No. Even if we're working to have your impaired charge withdrawn in favour of a Careless Driving resolution (which avoids a criminal impaired conviction), that negotiation doesn't cancel deadlines the MTO has already set. Follow the notice unless we say otherwise — and note that a Careless Driving outcome won't necessarily undo administrative steps that already happened.

What about ignition interlock?

Don't assume that receiving interlock-related information means you need to install a device right away. Eligibility depends on your charge's outcome, your driving history, and your specific MTO requirements. Ontario's interlock rules also changed as of July 1, 2026 — so talk to us before making any decisions here.

What should I do if I miss a deadline — or just receive a notice?

If a deadline is tight, contact our office before it passes. And any time you receive anything from the MTO — a suspension notice, Back on Track letter, interlock information, reinstatement paperwork — send us a copy right away. We don't automatically receive these.

Quick checklist

  • Read every MTO notice carefully
  • Send us a copy immediately
  • Meet the deadlines listed, unless we advise otherwise
  • Know that completing a program ≠ pleading guilty
  • Don't assume Crown negotiations pause MTO timelines
  • Check with us before making interlock decisions

Your licence and your criminal charge are connected, but they're not the same proceeding — we can keep fighting your case in court while you stay on top of what the MTO requires.

This post is general information only, not legal advice for your specific situation. If you've received an MTO notice and aren't sure what it means, send it to our office and we'll walk you through it.

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