What is an interlock device?
An interlock device is an electronic machine hardwired into a vehicle’s engine. The purpose of the interlock is to ensure that the driver of the car does not have any alcohol in their system prior to driving. It does this by taking a sample of the driver’s breath and analyses it, if the device registers that there is less than 20 milligrams of alcohol in 100 millilitres of blood in the driver’s breath, the engine will start.
When is an interlock device required in a car?
An interlock device is required if a driver is convicted of an impaired driving offence in Ontario or has received 3 administrative suspensions within 10 years. If you are required to install an interlock device, you will also be required to take the Ministry of Transportation (MTO) Back-on-Track program, which is an online course.
The MTO offers individuals charged with drinking and driving offences an opportunity to get their license back faster depending on if they are a first- or second-time offender. These programs are based on what are known as the stream A, B, or D, processes. In order to qualify for these programs an individual will typically need to plead guilty to the offence(s) they are charged with 90 days of being charged.
Another way an interlock device could be necessary is if a person is convicted of a lesser charge, such as Careless Driving under the Highway Traffic Act and an interlock device is required as part of a probation order.
What if I cannot afford an interlock device?
The Interlock Program in Ontario is expensive and time consuming, and not everyone can afford it. Strictly speaking, it is not necessary to have an interlock device installed in your car to reinstate your license. If you choose not to install the interlock device, you will be suspended for a minimum of one year if you are convicted of a Criminal Code driving offence in Ontario.
After that full year suspension (or longer depending on the sentence) you will still be required to have an interlock device installed for the next full year, meaning that interlock requirement would take a minimum of two years. Even after the end of the second year, an application would need to be made to the MTO to get the requirement for an interlock device removed from your driver’s license.
It is important to note that while the interlock device itself is not necessary to get your license back, taking the MTO Back-on-Track program is mandatory, and there is no way to get your license back without taking it. More information on the Back-on-Track program can be found at: http://www.remedial.net/
How much does an Interlock Device cost?
- The cost of an Interlock Device will include the installation of the device, maintenance and monitoring, and the connection to the program.
- There are many factors which need to be considered when talking about the total cost of an Interlock Device, including:
- Length of time required to have it installed,
- Type of vehicle,
- Company used for installation and monitoring (these prices are not set, each company is free to charge what they see fit).
Typical costs are between $1,200 and $2,000 per year. Typically the length of time required to have an interlock device installed is between 9-12 months, however, for more severe driving offences or repeat offenders this timeframe can increase drastically.
Conclusion
The interlock program is a time consuming and costly endeavour, and while steps can be taken to avoid needing the actual interlock device, there are mandatory steps that need to be taken in order to reinstate one’s license, such as the Back-on-Track program. It is always advised that an individual who is facing the prospect of requiring the use of the ignition interlock program consult a lawyer. Contact us if you have any questions!
