The 90-day Administrative Driver's Licence Suspension (ADLS) is an automatic Ontario licence suspension that police impose when a driver's BAC is 80 mg or more, when a driver refuses a breath, blood or drug demand, or when a drug recognition evaluation finds impairment. It takes effect immediately, comes with a 7-day vehicle impoundment and an administrative monetary penalty, and is completely separate from the criminal charge.
That separation is what surprises most people. You can lose your licence for 90 days before you have spoken to a DUI lawyer, before any court date, and regardless of how the criminal case eventually turns out. This guide explains what the ADLS is, when it applies, and how it fits with the longer consequences of a DUI conviction.
What Is the 90-Day ADLS in Ontario?
The ADLS is a provincial measure under Ontario's Highway Traffic Act. It is not a criminal penalty and it is not imposed by a judge. It is an administrative suspension designed to take drivers off the road quickly once police have evidence of alcohol or drug impairment.
Because it is administrative, no conviction is required and there is no court hearing before it starts. The officer serves you with a notice, the province suspends your licence, and the 90 days begin that day.
When Does the ADLS Apply?
Police impose a 90-day ADLS in three situations:
- Over 80. Your breath or blood test shows a BAC of 80 mg or more of alcohol per 100 mL of blood. This usually follows an approved instrument test at the station. See our page on the over 80 charge.
- Refusal. You fail or refuse to comply with a demand for a breath, blood, drug evaluation or oral fluid sample. A breath test refusal triggers the same 90-day suspension as a high reading.
- Drug recognition evaluation. A trained evaluator concludes that you are impaired by a drug, or by a combination of alcohol and a drug. This is common in investigations into driving while impaired by drugs.
How the ADLS differs from warn range and zero tolerance suspensions
Not every roadside suspension is an ADLS. A BAC between 50 and 79 mg is the warn range. It is not a criminal offence, but it brings a roadside suspension of 3 days for a first occurrence, 7 days for a second and 30 days for a third or more within five years, with escalating program requirements.
Novice drivers (G1, G2, M1, M2), drivers 21 and under, and commercial drivers are subject to zero tolerance and can face a roadside suspension for any alcohol at all. These shorter suspensions are separate from the 90-day ADLS, which is tied to criminal-level readings, refusals and drug evaluations.
What Else Comes With an ADLS?
The suspension rarely arrives alone. In most cases you can expect:
| Consequence | What it means |
|---|---|
| 90-day licence suspension | Starts immediately; you cannot legally drive |
| 7-day vehicle impoundment | The vehicle you were driving is towed and held |
| Administrative monetary penalty | A provincial penalty, separate from any court fine |
| Reinstatement requirements | Fees and, in some cases, a remedial program before you drive again |
At the end of the 90 days, getting back on the road involves meeting the Ministry of Transportation's reinstatement requirements, which can include Ontario's Back on Track remedial program for some roadside suspensions. Our post on the remedial program for impaired drivers covers the details.
What to do during the 90 days
The suspension period is a good time to get organized rather than simply wait:
- Keep every notice police gave you, including the suspension and impoundment paperwork.
- Arrange reliable transportation for work, school and family commitments.
- Contact a lawyer early, since some decisions in the criminal case have deadlines.
- Write down what you remember about the stop, the testing and your access to a lawyer while it is fresh.
Is the ADLS Separate From the Criminal Case?
Yes. The ADLS and the criminal charge are two different processes that run side by side:
- The ADLS is provincial and administrative. It starts at the roadside or station, lasts 90 days and does not depend on a finding of guilt.
- The criminal charge is federal. It proceeds in the Ontario Court of Justice and can lead to a fine, a driving prohibition and a criminal record only if a court convicts you. Our guide to mandatory minimum DUI penalties sets out that range.
This means a strong defence in court does not usually shorten or cancel the ADLS, and serving the ADLS does not resolve the criminal charge. It also means you should not treat the end of the 90 days as the end of the matter. The larger licence consequences, if any, come later.
How Does the ADLS Interact With a Later Conviction?
If the criminal case ends in a conviction, new licence consequences apply in addition to the ADLS you have already served:
- a criminal driving prohibition ordered by the judge: 1 to 3 years for a first offence, 2 to 10 years for a second, and at least 3 years for a third,
- a provincial licence suspension: 1 year for a first conviction, 3 years for a second, and lifetime for a third, which may be reduced after 10 years if conditions are met, and
- Back on Track, followed by at least one year with an ignition interlock after reinstatement on a first conviction.
Do not assume that the 90 days already served will be subtracted from these later periods. The ADLS is its own consequence, and how the timelines line up depends on the outcome and timing of your case. For eligible first offenders, Ontario's reduced suspension program may allow earlier driving with an ignition interlock, but the rules and deadlines are strict. For the licence options after a first DUI, start here.
If the court acquits you or the Crown withdraws the charge, there is no criminal prohibition and no conviction-based suspension. The ADLS you already served, however, stands on its own.
Can You Appeal a 90-Day ADLS?
Only in limited circumstances. You can appeal an ADLS to Ontario's Licence Appeal Tribunal, but the grounds are narrow. In general terms, an appeal may succeed only where the suspension was imposed on the wrong person or, in a refusal case, where a genuine medical condition prevented the driver from providing a sample. Arguments that the officer lacked grounds or that the test was unreliable are usually matters for the criminal trial instead.
Because the appeal route is narrow and has its own procedural requirements, speak with a lawyer quickly if you believe one of those grounds applies to you. In the meantime, do not drive. Driving while suspended creates a new offence and can complicate everything else.
Talk to a DUI Lawyer About Your Suspension
An ADLS is often the first sign of how serious an impaired driving charge can be. While the 90 days run, the criminal case that decides your longer-term licence, your record and your future is just getting started. We defend drivers charged across the GTA. Our page on the first 90 days after an Etobicoke DUI arrest and our note on the two separate tracks after a Burlington charge show how the suspension and the court case run side by side in two very different parts of the region. Our Toronto DUI lawyers can review your paperwork and explain what comes next.
The sooner we see your suspension notice and charge documents, the more options we can protect.
Jonathan Lapid — DUI & Impaired Driving Lawyer
Licensed by the Law Society of Ontario with more than 25 years defending drinking-and-driving charges in Toronto and GTA courts. Interviewed by Maclean’s and Global News on impaired-driving law.
