​​Disqualified Suspended Licence

Of the two offences driving while disqualified is the most serious. It is covered under the Criminal Code and can result in a criminal record if you are convicted. If you are facing this charge, it means a court has found you guilty of a provincially regulated offence such as impaired or dangerous driving and your licence has been suspended. Driving while disqualifiedDriving when a court order or legal prohibition says the person cannot drive. is considered a hybrid offenceAn offence the Crown can proceed with summarily or by indictment. and the Crown can proceed as a summary convictionUsed for lesser offences or an indictable offenceA more serious type of Canadian criminal offence., which carries much harsher incarceration time and stiffer fines.

Driving while suspended is legislated by each province or territory and the punishment carry vary depending on the jurisdiction. You should check the laws governing driver licensing and vehicle operation in your area. It is important to note that a licence suspension is not always a result of driving offences. Court can order a suspension for failing to pay child support while the provincial authority can suspend your licence if you accumulate too many demerit points.

There are a number of reasons why your licence can be suspended. Driving under the influence of drugs or alcohol is among the most serious. If testing indicates you are impaired you can be charged. If you refuse to provide a breath or blood sample you can also be charged. It should be noted that prescription drugs and over-the-counter medications could also impair your ability to drive

The exact offence, penalty, and licence effect depend on whether the suspension comes from provincial traffic law, a court order, an administrative driving sanction, or a Criminal Code driving prohibition. Because the rules and the lists of triggering offences differ by province and territory, check the current rules for the province where you drive.

If you face charges of driving while disqualified, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must show that you were operating the motor vehicle on a street, road, highway, or other public areas in Canada, your licence was suspended or revoked at the time, and you were aware that you were disqualified but still chose to drive. The Crown must also prove the suspension was ordered by a judge.

A defence attorney may be able to establish reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms.

Driving while disqualified is a hybrid offence, so the penalty depends on how the Crown proceeds. If the Crown proceeds by indictment, the maximum penalty is 10 years in prison. If the Crown proceeds by summary conviction, the maximum penalty is two years less a day in jail and/or a fine of up to $5,000. There is no mandatory minimum sentence for this offence. Other consequences can include a driving prohibition, probation, and a criminal record. Vehicle-related consequences may also depend on provincial law.

Depending on the province, driving while suspended can carry its own fine and possible jail time. Your vehicle might be impounded and your insurance premiums may also be increased or revoked.

This page deals with the Criminal Code offence of operating a conveyance while prohibited from doing so under a court order or legal disqualification tied to a conviction or discharge. A provincial licence suspension or ordinary unlicensed-driving ticket is different and is usually dealt with under provincial traffic law.

The section contains an exception for operation under an alcohol ignition interlock device program where the statutory conditions are met.