Help! DS in trouble in Canada. Any words of advice?

[DUTI]

He's been an idiot. He knows it. He doesn't deny it.

He went out last night and got so drunk that he thought it would be a good idea to drive home. The Police spotted him and have done him for driving under the influence.

Is there anything he can do to mitigate things? He drives for a living so losing his licence is bad news.
Anybody got any wise words on the best way to approach this in Canada?

Idiot? You say he’s been an idiot?

He’s been a reckless, ignorant, stupid, selfish, negligent young man who engaged in criminal behaviour.

You need to check yourself, OP, asking on a public forum how he might be able to get away with what he’s done. It’s by sheer luck that his actions didn’t end in death. You and he sound furious because of the mess he’s got himself into, jeopardising his stay/job/ relationship. He could have KILLED SOMEONE.

Let that sink in.

Fail, Refusal or Fail to Provide a Breath Sample
If your breath sample produces a FAIL result on the ASD, indicating a BAC of not less than 0.08 BAC, or you refuse or fail to provide a breath sample, a peace officer may issue a 90-day Immediate Roadside Prohibition (IRP) or at the officer’s discretion, proceed by way of a Criminal Code charge.

If you are issued a 90-day IRP the following consequences will occur:

Your driver's licence is seized immediately, prohibiting you from driving for 90 days.
The vehicle you are driving will be impounded for thirty days; you are responsible for all towing and storage costs.
You are required to pay a $500 administrative penalty.
You may be referred to the Responsible Driver Program.
You may be referred to the Ignition Interlock Program.

You have to apply to have your driver's licence reinstated and pay the licence reinstatement fee as well as any other outstanding debts to ICBC or the Government of BC if you wish to drive again.
See Also, Immediate Roadside Prohibition Penalties.

If police proceed by way of a Criminal Code charge police will:

Issue you an immediate 24-hour driving prohibition, and may tow/impound your vehicle.
Detain you for further breathalyzer testing at the police station, and on further confirmed testing of a BAC over 0.08, or upon refusal to provide a breath sample, issue a 90-day Administrative Driving Prohibition
Charge you under the Criminal Code of Canada (VIII.1).
Upon criminal conviction you are subject to:

Court ordered consequences, which include a minimum $1,000 fine, a driving prohibition and possible jail time.
Possible referral to the Responsible Driver Program and/or the Ignition Interlock Program.

Based on the 90 days, he must have been 0.08 or higher

Might be worth him getting in touch with the embassy, OP. They categorically will NOT intervene in the legal process but may be able to help explain impact on visa etc.

www.gov.uk/help-if-you-are-arrested-abroad/y/canada

Agree he’s been a dangerous idiot. He needs to face the full consequences of his actions, not look for a loophole to escape punishment. Fancying around refusing to pay fines etc may just piss people off more and he’d potentially get a harsher punishment as a result.

Why on earth should he be able to mitigate things?! He’s lucky he didn’t kill someone

(Provinces and territories in Canada not states)

I think you are getting a rough ride here OP especially as you haven’t done anything wrong.

I’ve no advice but can understand how you would want to support your son as I would.

Thanks BB. I've spent over an hour on the phone to him trying to support him. He's all alone in the flat while his gf is at work. He is thousands of miles from home, doesn't know what to do or what to expect.
He says he feels the worst he had ever felt in his life.

I know you are worried but I presume he's an adult?
It's time for him to grow up and face the consequences of his actions. letting him off lightly is not going to help him at all.
I'd be suggested they both come home until he is mature enough, there are min wage jobs here whilst he's getting ready to move away.

Canadian here. I’m also a lawyer but don’t practice criminal law.

If your son blew over .08, he will have a court date set. The first one, where a trial date will be set, may have occurred.

It’s very difficult to obtain a not guilty verdict on a breathalyzer test. He should probably have a lawyer to plead for a mitigation of the sentence. For a first offence with no one injured there will be a fine and in most cases, a criminal conviction. A really good lawyer may be able to obtain a probationary sentence, which means if he keeps clean for a period, no criminal conviction. However, this is very much based on facts, the lawyer presenting facts, your son’s past, and the particular judge.

He will lose his job. That’s a given. He will also be banned from driving for a set period and his insurance will go through the roof.

If he blew under .08, it’s a different story and there are constitutional challenges to that law.

Also, if a trial is set, it will be anywhere from six to eighteen months from now. I’m using dates in my city, Vancouver may be different, but there definitely will be a lag. This may coincide with expiration of his visa. If found guilty he will not be able to return to Canada, as he will be denied entry. Same with the US. If he keeps clean for five years, he can apply for a pardon of his record. That will allow him entry to Canada but not the US.

We were told if we got a serious driving infraction, like drink driving we would lose our USA visas.
I can't say I blame them.
OP you aren't doing him any favors by minimizing, he has really messed up and will learn a lot more by feeling bad and dealing with consequences.
He is lucky that he didn't hurt anyone.

He needs to get legal advice. I am Canadian. There are sort of "degrees" of sanctions, but impaired driving is very serious. Did he get what is called a roadside suspension or has he been charged? It all depends on the circumstances and the blood alcohol level.

I do not know the effect on immigration status. Google impaired driving BC and you will find a government page explaining things that may help.

Best of luck.

Also you can find some legally vetted information on Dial A Law. It is not a junk lawyer advertising site but carefully compiled information. It explains the type off offenses and the consequences.

In the UK it's called pleading "special reasons" which you can argue for speeding/no of points on licence type thing and then hopefully they let you off. BUT you can't use this for alcohol related driving offences.

He will definitely lose his licence.

Sorry to derail the thread slightly

*We used to have a ridiculous practice here in the UK where you could plead that losing your licence would mean losing your job so they let you off.

When, 40 year ago? I don't think you would be let off drunk driving in the UK these days*

Its the exceptional hardship argument, certainly was still in force 2 years ago, the magistrates are obliged to consider it, whether they will accept it is a different matter.

I am not sure if Canada has the same sort of rule, but if they do and it is like the UK, then he has to have had a really good reason for keeping his licence (think looking after disabled family) and blown just above the limit they think is acceptable

Had he miraculously made it home without hurting anyone or himself or being stopped by the police, would he still think his actions were wrong and shameful. No, I doubt he would. It may have furled a thought that he could do this again.

If it were my son, I'd be glad he got stopped and support him to face the consequences. The risk he took was huge and it could have had a disastrous outcome for someone else and himself. We know the horrors of drink driving from a young age.

As furious as he may be with himself, you as his mother also need to be somewhat angry at him and drill home the huge risk he took and what could have happened. It's not anything to take lightly at all.

Whilst I'm not sure what the law is over there, I would suggest he seeks some legal advice as soon as he can.

I do hope the relevant action is taken against him and this is something he sincerely learns from.

fuelled* oops

They are allowed to do very basic jobs.

Not on tourist visas as far as I know (and I was in Canada on a tourist, then working, then permanent residence). They made it so permanent residents can be deported for drink driving. Tourist visa they can chuck you out for pretty much anything. Working visa his job will be a condition of his visa so if he loses his job he leaves.

He should know what visa he's in the country on. Harshly, he decided to break the law in a country he's a guest in, endangering people. He should leave.

Perhaps it's high time you do let him know you're disgusted and furious. No one held a gun to his head and forced him to drive drunk.

I hope he does lose his license. I couldn't care less if he lost his job. Any misery is suffers he deserves.

My cousin lost her life to a person like your son. Killed by a fucking pathetic drunk whilst she was on her way home from studying in a library at university.

He's on a working holiday visa then?

Which is irrelevant tbh - he broke the law. They'll probably deport him.

I have knowledge of Canadian Immigration and yeah, he's coming home.....

Oh the poor baby 🙄 I hope he genuinely does feel terrible enough (and that the ramifications are serious enough) that he would never do it again, not because of how it might impact his life but how it could have impacted others' lives. That would be a positive to come out of it at least.

But he didn't kill anyone did he?
OP didn't kill anyone either for that matter.
Put your pitchforks down.

He absolutely does need you to be furious at him. He needs everyone who knows about it to be furious at him. That’s the only way these thick selfish fucks will get the message that this actually matters. If it helps I can put him in touch with my cousin’s wife? She is permanently disabled and raising three children alone after a drunk driver ploughed into their car on a family drive out one Sunday afternoon. The children watched their father die. His wife was too ill in hospital to attend his funeral. Or I could put him in touch with the his killer who served time for it? He could tell him what prison was like and what it’s been like to live with a man’s death on your conscious every waking moment of your life.

But he didn't kill anyone did he?

Luck rather than judgement though.