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DUI, DWI & Criminal Legislation in Ontario  

Criminal Code of Canada , section: 259 (4) and (5)

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Drive While Suspended Offense, Drive while Prohibited or Suspended Offence

259. (4) Every one who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

(5) For the purposes of this section, "disqualification" means

(a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to subsection (1) or (2); or

(b) a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed

(i) in the case of a motor vehicle, under the law of a province, or

(ii) in the case of a vessel or an aircraft, under an Act of Parliament,

in respect of a conviction or discharge under section 730 of any offence referred to in subsection (1) or (2).

Comments : Persons usually go to jail if they are convicted of driving while prohibited as a result of a drinking and driving conviction. Prior to trial they may also find it difficult to get bail without a very good surety and proof that they cannot and will not sit in the front seat of any vehicle. On arrest in Ontario the vehicle will be impounded.

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