Drinking and Driving: What is “Stream A”? What is “Stream B”?
If you are charged with an impaired driving offence in Guelph, Perrin Valli is an experienced Guelph impaired driving lawyer. This is a complicated and technical area of law and Perrin Valli is a Guelph criminal defence lawyer who will work hard to make sure you get the best defence.
If you are convicted of an alcohol-impaired driving offence (Impaired Driving, Over 80, or Refuse to provide Breath Sample) in Ontario, the Ministry of Transportation will automatically suspend your driver’s licence for at least 1 year (and in some cases longer - to find out the duration of automatic licence suspension you are to receive if found guilty in your case, you need to speak with your lawyer).
In some cases, someone convicted of an impaired driving offence can qualify for a reduction of this automatic licence suspension by entering into the Ministry of Transportation’s Ignition Interlock Conduct Review Program. “Stream A” and “Stream B” are two different pathways to a reduced suspension under the Ignition Interlock Conduct Review Program. I provide more details on how these 2 streams differ below (note there is also a “Stream D” which will be discussed in a future blog post).
The Ministry of Transportation explains that the “Reduced Suspension with Ignition Interlock Conduct Review Program allows eligible drivers convicted of a first or second time alcohol-impaired driving offence under the Criminal Code to reduce their licence suspension in return for meeting specific requirements, such as the mandatory installation of an approved ignition interlock device in their vehicle.”
An Ignition Interlock Device requires a breath sample before allowing your vehicle ignition to start the engine. If the device detects alcohol in the breath sample provided, it will not allow the vehicle’s engine to start.
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Stream A – for first time impaired driving offenders who plead guilty and are convicted within 90 days of the offence date
Under “Stream A” of the Ignition Interlock Conduct Review Program program, a participant’s driver’s licence is suspended for a minimum of 3 months. After those 3 months, the participant then has a minimum 9-month period where they are only permitted to drive a vehicle that is equipped with an Ignition interlock device.
To be eligible to enter into “Stream A” of the Ignition Interlock Conduct Review Program, the driver must plead guilty and be convicted within 90 days of the offence date. [Note: because of Covid, and the resulting backlogs in the courts, the Ministry of Transportation has been granting extensions of this 90 day limit. As of the date of this blog post, the Ministry of Transportation website indicates it will accept applications for “Stream A” if the date of conviction is within 282 days of the date of the offence. That limit will eventually return to 90 days, so refer to the Ministry of Transportation website and speak with your lawyer to determine what time limit is applicable to your case].
Further, to be eligible to enter into “Stream A”, the driver must not have had any prior conviction for impaired driving offences. A driver can only be eligible to enter “Stream A” (and “Stream B”) on his or her first impaired driving conviction.
Be aware that at the time of sentencing for this first impaired driving offence, the judge has the power to make the minimum suspension period longer than 3 months, and to order that a “Stream A” be permitted only to drive a vehicle equipped with an Ignition Interlock device for a period longer than the 9 month minimum period.
After the time-limit for “Stream A” has expired (if the driver was convicted of the impaired driving charge more than 90 days after the date of the offence), then you cannot qualify for “Stream A” and you may only be eligible for a Reduced Suspension under “Stream B”.
Stream B – for first time impaired driving offenders who are convicted more than 90 days after the offence date
Under “Stream B” of the program, a participant’s driver’s licence is suspended for a minimum of 6 months. After those 6-months (or a longer period set by the sentencing Judge), the participant then has a minimum 12-month period where they are only permitted to drive a vehicle that is equipped with an ignition interlock device (again, this 12-month period can be made longer by the sentencing Judge).
Disqualifying factors for both “Stream A” and “Stream B”
Driver’s with a prior impaired driving conviction you cannot qualify for ”Stream A” or “Stream B”. These streams are exclusively for people convicted of an impaired driving charge for the first time.
Beware: even if this is your first impaired driving conviction, you may not qualify for the reduced suspension through either “Stream A” or “Stream B”. For example, the Ministry of Transportation will not accept an application to the Ignition Interlock Conduct Review program if:
Your impaired driving offence involved impairment by drug or a combination of drugs and alcohol
The Judge who sentenced you for the impaired driving charge excludes you from participating in the Ignition Interlock Conduct Review program;
If your impaired driving offence caused bodily harm or death; Or
Other specific situations which may apply to your case.
If you are charged with an impaired driving offence, you need to consult with your lawyer to determine if you meet the eligibility criteria to enter into the Ignition Interlock Conduct Review program.
The Back on Track Program
In order to qualify for a reduced suspension under the Ignition Interlock Conduct Review Program, participants must successfully complete the “Back on Track” program.
The Back on Track program involves 3 parts: an 8 hour education workshop, a 16 hour treatment workshop and then a follow-up interview 6 months later.
The programs are run by different local providers at various places through the province. During the Covid-19 pandemic, the program is being run virtually.
Those convicted of an impaired driving offence and hoping to enter into the Ignition interlock Conduct Review program should register for the Back on Track program within 7 days of the conviction. Register at this site.
How much does it cost to do “Stream A” or “Stream B?”
On the date of this blog post the “Back on Track” program costs $634 for those convicted of an impaired driving offence.
To have an ignition interlock device installed in your vehicle, the Ministry of Transportation only lists the following two services:
ALCOLOCK Canada Inc. at 1-866-658-6374
Smart Start Canada ULC at 1-844-432-4776
These programs charge a fee for installation of the interlock device and then charge monthly fees for leases of the device and participation in the program. Contact the providers for the most up-to-date information on the costs.
What happens if I choose not to seek a reduced suspension through the Ignition interlock Conduct Review Program?
Drivers convicted of an impaired driving offence for the first time and subject to a mandatory 1-year driver’s licence suspension who don’t qualify or choose not to apply for a reduced suspension under the Ignition Interlock Conduct Review Program will serve out the entirety of the mandatory suspension period.
However, upon expiry of the suspension period, as a condition of reinstating a driver’s licence, the Ministry will require the driver to complete the Back on Track program and then place a condition on that driver’s licence that means they are only permitted to drive a vehicle that is equipped with an Ignition interlock device. This condition remains in place for a minimum of 12 months for first-time impaired driving offenders.
Call me to discuss whether you might qualify for “Stream A” or “Stream B”, what duration of automatic driver’s licence suspensions you face upon conviction or to discuss whether a guilty plea or trial might be in your best interest.
Don’t forget - while “Stream A” requires a guilty plea, a guilty plea to an impaired driving offence comes with a permanent criminal record and other consequences.