27TH ANNUAL CRIME PREVENTION GUIDE 31 PENALTIES IF YOU ARE CONVICTED OF IMPAIRED DRIVING: Cancellation of your driver's license under PEI's Highway Traffic Act • 1st offence - 1 year • 2nd offence - 3 years • 3rd and subsequent offences - 5 years Driving Prohibition Orders The Prohibition Order is a driving ban for all motorized vehicles which includes cars, trucks, motorcycles, mopeds, ATVs, snowmobiles, tractors etc. Convicted offenders in PEI also receive jail time, large fines ($1000 or more) and payment of a Victims of Crime Surcharge. Under the Criminal Code of Canada, as part of the sentence, the judge will also issue: • 1st offence - minimum 1 year • 2nd offence - minimum 2 years • 3rd and subsequent offence - minimum 3 years *Note these are minimum times and can be increased by the judge based on the severity of the offence. Getting your licence back You do not automatically get your driver's license back at the end of your cancellation period. You must re-apply and pay a $500 reinstatement fee. You must also meet the following requirements: The Ignition Interlock Device is mandatory for all driver's convicted of impaired driving in PEI. • 1st offence - 1 year • 2nd offence - 2 years • 3rd and subsequent offences - 5 years An additional one year is added to the required term for the ignition Interlock if the driver, at the time of the impaired charge, had a passenger in the vehicle under the age of 16. Mandatory Ignition Interlock terms for drivers convicted of a second or subsequent offence after July 7, 2014: • 2nd offence - BAC reading at the time of the offence 160 or below - 2 years • 2nd offence - BAC greater than 160 - 5 years • 2nd offence - Refusing the breathalyzer - 5 years After completing the mandatory ignition interlock term, the driver is issued a Restricted ZERO BAC Driver's License for a period of three years. It is an offence to operate a motor vehicle with any alcohol in your system when holding a Restricted Zero BAC Driver's Licence. • 3rd and subsequent offence - 10 years After completing five clean years of the 10 year mandatory Ignition Interlock Term, the driver may apply to the Registrar of Motor Vehicle for a Restricted Zero BAC Driver`s Licence and a Specially Coded Zero BAC License Plate. If the application is approved, the driver can complete the remaining five years of the Ignition Interlock term with a Restricted Zero IMPAIREDDRIVING CONTINUED
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