Does A Three-Day License Suspension Count As A Prior Conviction?

If you are facing an impaired driving charge, a common concern might arise regarding how past incidents, specifically a three-day licence suspension, could influence your case. The simple answer is that this does not affect your current charge at all, but here is what you need to know below.

Understanding Three-Day License Suspensions

A three-day license suspension typically occurs under the following circumstances:

You were stopped at a RIDE program checkpoint.
Your breathalyzer test results showed a blood alcohol concentration (BAC) between 50 and 100 milligrams per 100 milliliters of blood, which is considered an “alert” or “warn” level.
Instead of a criminal charge, you received a roadside administrative license suspension for three days.

Impact on Current DUI Charges

Does a three-day license suspension count as a prior conviction, and how does it affect your current DUI defence?

No Impact on Current Charges: A three-day administrative suspension does not affect your current charge. It’s not considered a criminal conviction.
Not Admissible in Court: If your case goes to trial, this past administrative suspension is not something the judge will consider. It’s entirely separate from your current legal proceedings.
Insurance Considerations: While repeated administrative suspensions might influence your car insurance rates, they do not impact the defence of your current criminal charge.

Key Takeaway

It’s crucial to understand the distinction between administrative actions and criminal convictions. While it’s advisable to avoid any form of impaired driving incidents for multiple reasons, a past three-day license suspension does not compound the severity of a current DUI charge in the eyes of the law.

Legal Assistance

At Kruse Law Firm, we specialize in DUI and impaired driving defence. Our team is dedicated to providing you with the clarity, support, and representation needed to address your charges effectively. If you’re concerned about how past suspensions might affect your case, or if you need assistance with a current charge, we’re here to help.

Video Transcription:

You’ve been charged with impaired driving, whether it’s impaired driving by alcohol or impaired driving by drug. You come to our law firm and you indicate to us look I once got a 3 day suspension. What happened 4 years ago for example, is I was driving and I went into a RIDE program and I blew an alert meaning you blew between 50 and 100 milligrams on the roadside screening test. In that situation the police did not charge you with a criminal offence but what they did was they did a roadside administrative 3 day licence suspension. A lot of our clients will say “will this hurt me in defending my DUI? Does that count as a criminal record? How does that affect me?”The short answer to the question is it doesn’t affect this current charge at all. It was simply an administrative licence suspension. The Judge is never going to hear about that if you proceed to trial and it’s not a factor at all. So you don’t have to worry about that. Certainly not advisable to continue to get those types of suspensions because it may or may not affect your insurance rates on your car but it certainly does not affect your defence of your current criminal charge.

By Michael KrusePublished On: August 2, 2023Last Updated: July 21, 2025Categories: General, Video

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