I recently made the worst mistake of my life, currently 22 was driving home from downtown toronto when Igot pulled over by a police car, I had a few drinks officer knew i was under the influence arrested me and took me into the police station to do a breathalyzer, I refused to do it and was released 3 hours later. Car is now impounded for 7 days...what are the most likely consequences for my actions, and even if i get a good lawyer is there anything that they can help me with because I was driving 4am with a g1 under the influence?

G1, G2 or full G licences are all treated the same with Criminal offences and if youre convicted, the consequences are pretty serious.

The Criminal Code considers refusing to provide a sample of your breath the same as being over the legal limit. First time offence is a minimum $1,000 fine, minimum 1 year driving prohibition (or 3 months if opt/qualify for the ignition interlock program) and your insurance rates will easily double or triple (assuming you can be insured at all).

Seek professional representation, you're in pretty serious trouble.

neoseeker wrote:

I recently made the worst mistake of my life, currently 22 was driving home from downtown toronto when Igot pulled over by a police car, I had a few drinks officer knew i was under the influence arrested me and took me into the police station to do a breathalyzer, I refused to do it and was released 3 hours later. Car is now impounded for 7 days...what are the most likely consequences for my actions, and even if i get a good lawyer is there anything that they can help me with because I was driving 4am with a g1 under the influence?

Not even considering the penalties you are going to receive from drinking and driving, you are going lose your license and have to start the graduated license program from scratch. No credit earned and you have to pay the fees all over again.

(1) You can't drive with a G1 with alcohol in your system.

(2) You can't drive with a G1 without someone who qualifies as accompanying driver. (doesn't sound like anyone was with you)

(3) You can't drive with a G1 at 4AM.

These are all conditions for G1 drivers. You are subject to Novice Driver Sanctions which will penalize you for breaking your conditions. 1st conviction (30 days) 2nd conviction (90 days) 3rd conviction (Lose your license)

You will be prohibited from driving for a year on conviction and you are going to have a very hard time finding insurance at even the most obscene rates when you do finally get to the point when you drive again

That is correct you will be prohibited to drive for 1 year after a conviction. The key is to obtain good representation so that you DO NOT get a conviction.

This is just a rant and no way advice. How about people take responsibility for their actions. You drink and drive, you get caught, you pay the price. If its a straight to the point saying "I'm not doing the test" and the only defense is the grounds of the vehicle stop and demand, stop trying to find mistakes in procedure and waste courts time. Driving is a privilege not a right and there are rules to follow. You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie.

HPTO wrote:

You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie.

He doesn't have to say anything in court. He has no burden of proof. The crown has the burden of proving his guilt beyond a reasonable doubt. He's entitled to sit there and say nothing and be acquitted if the crown can't prove it. Good thing too, because that's the kind of rule of law that separates us from countries with capricious and arbitrary legal system.

HPTO wrote:

If its a straight to the point saying "I'm not doing the test" and the only defense is the grounds of the vehicle stop and demand, stop trying to find mistakes in procedure and waste courts time. Driving is a privilege not a right and there are rules to follow

Speaking of rules, there are also rules to follow for policing - for detaining someone and for taking breath samples and for depriving someone of their liberty - and I don't believe it's a waste of the court's time to go to court and challenge whether the officer followed all those rules. Those rules are there for a reason - to ensure that people's fundamental rights are respected and, ultimately, to ensure that there are no wrongful convictions. It's not a waste of time to hold officers to following them.

neoseeker wrote:

I recently made the worst mistake of my life, currently 22 was driving home from downtown toronto when Igot pulled over by a police car, I had a few drinks officer knew i was under the influence arrested me and took me into the police station to do a breathalyzer, I refused to do it and was released 3 hours later. Car is now impounded for 7 days...what are the most likely consequences for my actions, and even if i get a good lawyer is there anything that they can help me with because I was driving 4am with a g1 under the influence?

To get back to the OP.... I think the best advice we can give you is seek a lawyer.... I doubt you'll have much success defence-wise from an online message board for a serious offence like this.

Yes, absolutely! I certainly didn't mean to suggest he should actually just show up in court and say nothing and hope that the crown can't prove it. I was speaking more about the principle behind it. There are many good impaired driving lawyers who are well versed in the operation of the intoxilyzer machine and the proper procedures for obtaining a breath sample. Seek one of them out!

I'm a bit confused about answers on one thing: some posters are saying the driving prohibition is for 1 year, others seem to suggest something different. So, my questions are:

1. Does a G1 have to retake his G1 if he is convicted of failing to blow?

2. If there is a 1 year prohibition, does that mean 1 year before going back to driving as a learner?

I'm a little confused by this. I know a G has a 1 year driving prohibition, but I thought a G1 didn't?

1: yes

2: yes

Upon conviction for fail to blow you dl is suspended for a year.

would it have been better for him not to refuse?

bobajob wrote:

would it have been better for him not to refuse?

Refusing to submit a breath sample upon demand is illegal and caries the same penalty as a DUI conviction. It is also arguably easier to prove then an actual DUI. Instead of having to follow the fairly complicated and time consuming protocol for taking and recording breath samples, all the officer has to do is show that he issued a lawful demand for a breath sample and the defendant refused.

HPTO wrote:

This is just a rant and no way advice. How about people take responsibility for their actions. You drink and drive, you get caught, you pay the price. If its a straight to the point saying "I'm not doing the test" and the only defense is the grounds of the vehicle stop and demand, stop trying to find mistakes in procedure and waste courts time. Driving is a privilege not a right and there are rules to follow. You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie.

The Canadian Charter of Rights and Freedoms says you are innocent until proven guilty and you have the right to a fair trial. People should stop telling others to give up their rights. Take full advantage of your rights and find a good lawyer. A good lawyer will look at everything the officer(s) did and said to make sure they were following the law at every step of the procedure, and will end up being cheaper for you than being found guilty. It will still be costly for you either way so this should be a good lesson to not ever drink and drive again.