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DUI, DWI & Criminal Legislation in Ontario  

Highway Traffic Act of Ontario , section: 41 (1)

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DUI Reciprocal Agreements, Automatic Suspension on Conviction in Reciprocating US State

41. (1) Subject to subsections 41.1 (1), (2) and (3), the driver's licence of a person who is convicted of an offence,

(d) under a provision that is enacted by a state of the United States of America and that is designated by the regulations; or

is thereupon suspended,

(f) upon the first conviction, for one year;

(g) upon the first subsequent conviction, for three years; and

(h) upon the second subsequent conviction or an additional subsequent conviction, indefinitely.

Comments : So far agreement is with New York and Michigan.

See ONTARIO REGULATION 111/03 made under the HIGHWAY TRAFFIC ACT

1. New York

The operation of a motor vehicle while under the influence of alcohol or drugs under section 1192 of the Vehicle and Traffic Law.

2. New York

Criminal negligence or manslaughter resulting from the operation of a motor vehicle under article 125 of the Penal Law.

3. New York

Reckless or dangerous driving under section 1212 of the Vehicle and Traffic Law.

4. Michigan

Manslaughter resulting from the operation of a motor vehicle, under Michigan Compiled Law, Section 750.321.

5. Michigan

Failure to stop at the scene of an accident involving injury or death of a person, under Michigan Compiled Law, Sections 257.617 and 257.617a.

6. Michigan

Operation of a motor vehicle while impaired by intoxicating liquor or controlled substance or a combination of them, under Michigan Compiled Law, Section 625(3).

7. Michigan

Operation of a motor vehicle with over .10 grams or more of alcohol per 100 millilitres of blood, per 210 litres of breath or per 67 millilitres of urine, under Michigan Compiled Law, Section 625(1)(b).

8. Michigan

Refusal to provide a chemical breath analysis, under Michigan Compiled Law, Section 257.625a.

9. Michigan

Operation of a motor vehicle while under the influence of intoxicating liquor, controlled substance or a combination of them, causing serious impairment to a person, under Michigan Compiled Law, Section 257.625(5).

10. Michigan

Operation of a motor vehicle while under the influence of intoxicating liquor, controlled substance or both of them, causing death, under Michigan Compiled Law, Section 625(4).

Note the following additions by Ont. Reg. 111/03

1. The Table to Ontario Regulation 37/93 is amended by adding the following items:

4. Michigan Manslaughter resulting from the operation of a motor vehicle, under Michigan Compiled Law, Section 750.321.

5. Michigan Failure to stop at the scene of an accident involving injury or death of a person, under Michigan Compiled Law, Sections 257.617 and 257.617a.

6. Michigan Operation of a motor vehicle while impaired by intoxicating liquor or controlled substance or a combination of them, under Michigan Compiled Law, Section 625(3).

7. Michigan Operation of a motor vehicle with over .10 grams or more of alcohol per 100 millilitres of blood, per 210 litres of breath or per 67 millilitres of urine, under Michigan Compiled Law, Section 625(1)(b).

8. Michigan Refusal to provide a chemical breath analysis, under Michigan Compiled Law, Section 257.625a.

9. Michigan Operation of a motor vehicle while under the influence of intoxicating liquor, controlled substance or a combination of them, causing serious impairment to a person, under Michigan Compiled Law, Section 257.625(5).

10. Michigan Operation of a motor vehicle while under the influence of intoxicating liquor, controlled substance or both of them, causing death, under Michigan Compiled Law, Section 625(4).

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