Understanding the Over 80 of Alcohol Charge in Ontario

Driving under the influence of alcohol is a serious offence in Ontario, and drivers caught with over 80mg of alcohol per 100 ml of blood can face severe penalties. This article will explore what the Over 80mg of Alcohol Charge in Ontario means, how it is enforced, and what penalties drivers may face for an offence.

1. What is the Over 80 Charge?

The Over 80mg Charge is an Ontario Highway Traffic Act provision that prohibits drivers from driving with a blood alcohol concentration (BAC) of over 80mg of alcohol per 100 ml of blood. Suppose a driver is found to have a BAC over the legal limit. In that case, they can be charged with an Over 80mg of Alcohol offence, which carries severe penalties, including fines, license suspension, and even imprisonment.

2. How is it Enforced?

The Over 80mg of Alcohol Charge is enforced through regular roadside checks and breathalyzer tests. Ontario police officers have the right to ask any driver to provide a breath sample if they have reasonable grounds to suspect the driver has consumed alcohol. If the driver’s BAC is over the legal limit, they can be charged with an Over 80mg offence.

3. What are the Penalties for an Over 80mg of Alcohol Offence?

If a driver is charged with an Over 80mg offence, they may face severe penalties, including fines, license suspension, and even imprisonment. The severity of the penalties depends on several factors, including the driver’s BAC level, their driving record, and whether they have any prior convictions for impaired driving. In addition to the legal penalties, an Over 80mg of Alcohol offence can significantly impact a driver’s insurance rates and their ability to obtain auto insurance in the future.

4. How Can Drivers Avoid an Over 80 Charge?

To avoid an Over 80mg charge, drivers should take several precautions, including:

  • Refraining from drinking and driving, even if they believe their BAC is below the legal limit
  • Planning and designating a sober driver or using public transportation
  • Avoiding medications or substances that may affect their ability to drive safely
  • Knowing their limits and how alcohol affects their body
  • Seeking help if they have a problem with alcohol and need to quit or reduce their drinking.
5. What Should Drivers Do if Charged with an Over 80 Offense?

If a driver is charged with an Over 80mg offence, they should seek legal advice from a qualified attorney specializing in impaired driving cases. An attorney can guide the legal process, represent the driver in court, and work to minimize the penalties they may face. Act quickly and contacting an attorney as soon as possible after being charged with an offence is essential.

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Conclusion

The Over 80mg Charge in Ontario is a serious offence that can carry severe penalties for drivers caught driving under the influence of alcohol. By understanding what the Over 80mg of Alcohol Charge means, how it is enforced, and what penalties drivers may face for an offence, drivers can take the necessary precautions to avoid an offence and stay safe on the road. With the help of legal advice and support, drivers charged with an Over 80mg of Alcohol offence can work to minimize the penalties they may face and protect their rights.

Our team of criminal defence lawyers serves the Greater Toronto Area, including Toronto, Mississauga, and Brampton. Calvin Barry, our experienced lawyer, has a solid foundation of over 16 years working as a Senior Crown Attorney in criminal law. You can have confidence that your case will be handled by a knowledgeable lawyer with extensive expertise in criminal law, including cases involving DUI/Impaired driving, domestic violence and abuse, and specifically, the offence of having 80 mg of alcohol. Request a free consultation today!

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