An immediate driver's licence suspension is issued to drivers who have an illegal amount of alcohol and/or drugs in their body, or who refuse to provide a breathalyzer without a reasonable justification. Additional information about roadside suspensions can be found on the Saskatchewan Government Insurance (SGI) website.
If you have been issued an immediate roadside licence suspension, you can appeal SGI's decision to the Highway Traffic Board (HTB). You have 90 days from the day you receive the notice of suspension to file your appeal.
The following are roadside licence suspensions that are eligible for appeal to the HTB:
- Experienced drivers: 3-, 21- and 90-day suspensions
- New drivers: 60- and 120-day, and 1-year suspensions
- Indefinite suspensions
When you appeal a roadside suspension, the HTB will consider the following:
- whether you drove with an illegal amount of alcohol or drugs in your body; or
- refused to comply with a demand for a breathalyzer sample without reasonable justification.
Hardship is not a factor taken into account in a roadside suspension appeal. You have the option of legal representation when you appeal. The immediate roadside licence suspension is distinct and separate from the criminal code charge. A restricted driver's licence cannot be considered for appeal.
How to File an Appeal:
- Visit an SGI motor licence issuer and purchase a $175 roadside appeal receipt.
- Choose what type of hearing you would like, either face to face or written.
- Submit a copy of your receipt and a letter to the HTB.
- If you choose a written appeal, the letter must include a detailed account of what happened.
- If you choose an oral appeal, the letter must have a brief description of the circumstances, and a daytime phone number where the HTB can contact you to set up your hearing date and time.
- Once the HTB has received your receipt and letter, they will request that SGI provide them with the information the police received.
Information the Board Will Consider:
- Any witness statements
- Any statement provided by the driver
- A copy of the intoximeter check sheet
- A copy of the prosecutor's information sheet
- A copy of the investigator's check sheet
- A copy of the notes of a peace officer who was involved in imposing the suspension, pursuant to Section 148 of The Traffic Safety Act
- Any other information, equivalent to that mentioned in clauses (a) to (f) of the Act that is in the possession of the peace officer or the peace officer's police station, if any, and that concerns the imposition of an administrative prohibition
What to Expect at an In-Person Hearing:
- If you are appealing in person, once the HTB receives your application and the information from SGI, you will be contacted to arrange a date and time for the hearing. The hearing will take place in Regina or Saskatoon, and will take about 30 minutes.
- You will appear before three board members.
- The board members will ask you questions about the actions taken by SGI against your licence; measure the risk to public safety against the details of your suspension; and make a decision that is in the public's best interest.
If you are filing a written appeal, two board members will review your application and SGI's information package as soon as it is available.
- Following your hearing, members of the HTB can maintain or reverse SGI's decision.
- You will be notified by mail within a week of your hearing about the HTB's decision.
- The decision is binding and cannot be appealed.