An immediate administrative driver’s licence suspension is imposed for drivers who drive while having an illegal amount of alcohol in their body. Additional information about driver’s licence suspensions can be found on SGI's website.
Administrative suspensions take place before a person is convicted in court and can run simultaneously with a Criminal Code court-ordered suspension or driving prohibition. The following roadside suspensions are eligible for appeal to the HTB:
- 24-hour suspension
- 15-day suspension
- 30-day suspension
- 60-day suspension
- 90-day suspension
What am I appealing?
You are appealing the immediate administrative driver’s licence suspension. The main issue is whether the HTB is satisfied that you drove a vehicle having consumed enough alcohol that your blood alcohol content (BAC) was over .08 or that you failed or refused (without reasonable excuse) to comply with a police officer’s demand for a breath test.
It’s important to note that the administrative suspension is a distinct and separate issue from the Criminal Code charge. You do have the option of legal representation when you appeal.
Filing a roadside suspension appeal
To have your appeal heard, you must:
- visit an SGI motor licence issuer
- choose what type of hearing you would like – face-to-face or written
- complete the required form
- pay the prescribed fee
- $100 for face-to-face appeals
- $50 for written appeals
When is the hearing?
Time will vary depending on the type of hearing chosen.
In person
Once the HTB receives your application form and SGI’s information package, you will be contacted to arrange a date and time for the appeal hearing. In-person appeals take place in Regina, Saskatoon and Prince Albert.
Written
Two Board members will review your application and SGI’s information package as soon as it’s available.
Information the Board will consider at the hearing
Board members will consider the following information:
- Copies of breathalyzer readings
- Certificate of Analysis
- Prosecutor’s information sheet
- Copy of Roadside Suspension
- Any notes made by a member regarding condition of the subject at the time of detainment
What to expect at the in-person hearing
You will appear before two Board members. The hearing is informal, scheduled during the day and will take approximately an hour.
The Board members will:
- ask you questions regarding the action taken by SGI against your driver’s licence;
- measure the risk to public safety versus the impact on your suspension; and
- make a decision on what is in the public’s best interest.
Decisions
The HTB can maintain the suspension or reverse SGI’s decision. After the hearing, a letter will be sent to you by mail within one week advising you of the HTB’s decision. Decisions reached by the HTB with regards to your appeal are final and binding.