What Are Stream A, B & D for Impaired Driving?
Ontario has a Reduced Suspension with Ignition Interlock Program for eligible drivers convicted of an alcohol-related impaired driving offence. The program includes Stream A, Stream B and Stream D. Each stream has different rules for licence suspensions, guilty pleas and ignition interlock requirements.
A reduced-suspension stream may get you back on the road sooner, but is it your best legal option?
What Are You Accepting by Choosing an Impaired Driving Stream?
If the stream requires you to plead guilty, consider what you may be accepting or giving up:
- A criminal record. An impaired driving conviction can follow you for years. It may affect travel, background checks and other opportunities.
- Possible immigration consequences. A drinking and driving conviction can create serious problems for some non-citizens. It may affect their immigration status or ability to remain in Canada.
- The chance to have the charge reduced or withdrawn. A review of the Crown’s disclosure may uncover problems with the evidence or other opportunities to resolve your impaired driving charge.
- Your chance to fight the charge and win. Being charged with impaired driving does not mean the Crown Attorney can prove the case. The evidence may reveal weaknesses, Charter issues or DUI defences that could change the outcome.
Before choosing a stream that requires a guilty plea, have your impaired driving charge and the Crown’s disclosure reviewed by an experienced criminal defence lawyer.
Former Crown Attorney Nicholas Charitsis has more than 25 years of criminal law experience. He reviews the evidence for weaknesses, Charter issues and impaired driving defences that may provide an opportunity to have the charge reduced or withdrawn, or to win at trial.
Considering Stream A or Stream B? Call Charitsis Law at 416-731-7113 before you plead guilty.
What Are the Different Impaired Driving Streams?
Ontario’s ignition interlock program has different streams based on your circumstances and when you plead guilty or are convicted. Here is a quick look at how each impaired driving stream works:
- Stream A: For eligible first-time offenders who plead guilty and are sentenced within the required early period. It provides the shortest initial licence suspension before driving with an ignition interlock device.
- Stream B: For eligible drivers who do not qualify for Stream A because of the timing of their guilty plea or conviction. The initial licence suspension is longer before ignition interlock driving begins.
- Stream D: For certain drivers with a previous alcohol-related impaired driving conviction. It has different licence suspension and ignition interlock requirements.
What Happened to Stream C?
Ontario’s current Reduced Suspension Program has three streams: Stream A, Stream B and Stream D. What older sources called Stream C is no longer listed as a separate stream by the Ministry of Transportation.
The stream you qualify for can affect how soon you can drive again. However, qualifying for Stream A does not necessarily mean pleading guilty early is the best decision for your impaired driving case.
Why Would an Impaired Driving Lawyer Question Stream A?
“Before you plead guilty to an impaired driving charge just to get back on the road sooner, I want to look at the Crown’s evidence, what they have to prove, and what you may be giving up.” — Nicholas Charitsis, Criminal Defence Lawyer
Should You Plead Guilty Before Reviewing the Crown’s Disclosure?
No. I want to review the Crown’s complete disclosure before recommending that you plead guilty to an impaired driving charge. Until we see the evidence, there is no way to properly assess the strength of the Crown’s case or determine what defences may be available.
The disclosure may include police notes, breath-testing evidence, videos, witness information, and other evidence the Crown Attorney plans to use. You could be pleading guilty before we discover a weakness in that evidence, a Charter issue, or a defence that could win or reduce your charges.
Can the Crown’s Impaired Driving Case Get Weaker Over Time?
Yes, and that is another reason I am cautious about an early guilty plea. The Crown Attorney has to prove the impaired driving charge beyond a reasonable doubt. As the case moves through the court process, witnesses may become unavailable, memories can fade, and problems with evidence or procedure may emerge.
Delay may also create a possible section 11(b) Charter issue in an appropriate case. None of these things is guaranteed to happen. But once you plead guilty, you give up the opportunity to benefit from problems that may develop in the Crown’s case.
What Do You Give Up by Pleading Guilty Under Stream A?
You give up your opportunity to fight the impaired driving charge. Once you plead guilty, we can no longer challenge the Crown’s evidence through motions, cross-examination or trial. You may also lose the chance to use weaknesses in the evidence to have the charge reduced or withdrawn.
That is a significant price to pay for getting back on the road sooner. I want to know what can realistically be done with your DUI case before recommending that you give up those options.
Could Stream B Give You More Time to Fight the Charge?
Yes. Stream B may allow an eligible driver to preserve more time to investigate and fight the impaired driving charge. The licence suspension may be longer, but that extra time can allow us to review the disclosure, identify possible defences and determine whether the Crown can prove its case.
For some people, getting their licence back as quickly as possible is critical. For others, the additional suspension may be a reasonable price to pay for keeping open the possibility of a reduced or withdrawn charge, or winning the case at trial.
The question I want you to consider is not just, “How quickly can I drive again?” It is, “What is the best overall legal outcome we can realistically achieve in my impaired driving case?”
What Is My Advice Before You Choose Stream A?
My advice is simple: do not rush into an early guilty plea just because Stream A can get you back on the road sooner. Before you make that decision, I want to review the Crown’s disclosure and understand the evidence against you.
Sit down with me and let’s look at your impaired driving case. I want to know whether there are problems with the breath-testing evidence, police investigation, Charter issues or other weaknesses we can use to fight the charge.
Once I understand the Crown’s case, I can explain your options and whether Stream A makes sense for you. You may decide that getting your licence back sooner is worth pleading guilty, but you should know what you are giving up before you make that decision.
Considering Stream A? Call Nicholas Charitsis at 416-731-7113 and have your impaired driving case reviewed before you plead guilty.
How Does Stream B Work for Impaired Driving?
Stream B is available to some first-time impaired driving offenders who are eligible for Ontario’s Reduced Suspension Program but do not meet all the requirements for Stream A. Under Stream B, the minimum licence suspension is 6 months, followed by at least 12 months with an ignition interlock device.
Why Might I Consider Stream B Instead of Stream A?
“I may recommend keeping Stream B available rather than rushing to plead guilty under Stream A. It gives us more time to review the evidence and determine whether the impaired driving charge can be fought.”
— Nicholas Charitsis, Criminal Defence Lawyer
Stream B means an additional three months without your licence compared with Stream A. However, that needs to be weighed against the possibility of identifying a viable defence or obtaining a substantially better resolution, including having the impaired driving charge reduced or withdrawn, or winning your case at trial.
If you’re unsure whether Stream A or Stream B is right for you, that’s understandable. I have more than 25 years of experience with impaired driving cases and can give you clear advice about your options. Give me a call at 416-731-7113 and let’s talk about your case before you decide what to do.
I agree. Stream D applies to a narrower group, so it shouldn’t get nearly as much space as A and B. I’d keep it to one short paragraph.
How Does Stream D Work for Impaired Driving?
Stream D applies to certain drivers with a previous alcohol-related impaired driving conviction.
Eligible drivers serve a minimum 9-month licence suspension, followed by at least 18 months with an ignition interlock device. Because the rules for repeat impaired driving offences are more serious, it is important to get legal advice about your specific case before deciding how to proceed.
Stream D does not reduce the criminal penalties for a second impaired driving conviction. It only affects how soon an eligible driver may return to driving with an ignition interlock device.
Yes. I would shorten the H2 substantially for the table of contents:
What Happens If You Plead Guilty?
An impaired driving guilty plea has consequences beyond how long you lose your licence. As Nicholas pointed out, the decision can affect your criminal record, insurance, employment, travel and future legal matters.
A shorter suspension under Stream A may be attractive, but it should not be the only reason you plead guilty. Once the plea is entered, you are accepting the consequences of an impaired driving conviction and giving up your opportunity to fight the charge.
Before making that decision, consider the effect a conviction could have on your work, insurance, ability to travel and future. The benefit of getting back on the road sooner should be weighed against the long-term consequences of pleading guilty to a drinking and driving offence.
Stream A & What You Need to Think About
There is no need to rush into a guilty plea simply because Stream A is available. If getting back on the road immediately is not critical, there may be value in taking the time to review the Crown’s disclosure, investigate the impaired driving charge and identify possible defences.
As a criminal lawyer with many years of impaired driving and DUI experience, My approach is to first determine whether there is a realistic opportunity to have the charge reduced or withdrawn, or to win the case at trial. We can then decide whether pleading guilty under Stream A is really in your best interests.
Stream A can be a useful option. It is not necessarily the best outcome.
The question is not simply, “How quickly can we get you back on the road?” It is, “What is the best overall legal outcome that can realistically be achieved in your case?”
Before You Choose an Impaired Driving Stream
Speak directly with Nicholas Charitsis—not a call centre or an intake representatve.
If you’re unsure what to do, that’s understandable. Before you plead guilty, let me review your impaired driving case and the Crown’s evidence.
I can explain your options and give you my opinion on whether accepting a stream is really in your best interests.
Call and speak directly to me at 416-731-7113.
Impaired Driving Streaming FAQS
Q. Should I Plead Guilty to Get Stream A in Ontario?
A. Not necessarily. Stream A may get you back on the road sooner, but it requires an early guilty plea. Before pleading guilty to an impaired driving charge, have a criminal defence lawyer review the Crown’s disclosure and possible defences. You may have an opportunity to have the charge reduced or withdrawn, or to fight the charge and win at trial.
Q. Can I Still Fight My Impaired Driving Charge If I Qualify for Stream A?
A. Yes. Qualifying for Stream A does not mean you have to plead guilty. Before deciding, have your criminal defence lawyer review the Crown’s disclosure, evidence and possible impaired driving defences. You may have grounds to fight the charge or seek to have it reduced or withdrawn.
Q. What Is the Difference Between Stream A and Stream B?
A. The main difference is how soon you can drive again with an ignition interlock device. Stream A has a minimum 3-month licence suspension, while Stream B has a minimum 6-month suspension. Stream A also requires an earlier guilty plea and sentencing, which may give you less time to investigate and fight your impaired driving charge.
Q. How Long Is the Licence Suspension Under Stream A and Stream B?
A. Stream A has a minimum 3-month licence suspension, followed by at least 9 months with an ignition interlock device. Stream B has a minimum 6-month suspension, followed by at least 12 months with an ignition interlock device.
Q. Can I Choose Stream B Instead of Stream A?
A. Stream B may remain available if you do not proceed with Stream A, provided you remain eligible. This can give your criminal defence lawyer more time to review the Crown’s evidence, investigate possible impaired driving defences and determine whether fighting the charge may be a better option.
Q. How Long Do I Have to Qualify for Stream A?
A. Stream A has strict timing requirements. An eligible first-time offender must plead guilty and be sentenced within 90 days of the impaired driving offence. Because an early guilty plea can affect your legal options, consider having the Crown’s disclosure reviewed by a criminal defence lawyer before making that decision.
