Over 80 mg

Although a driver may not appear to be impaired by alcohol, it is still possible for them to have over 80 milligrams of alcohol in 100 millilitres of their blood.

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Over 80 mg

According to the Criminal Code, a charge of over 80 in Canada is all about having a blood-alcohol level that is higher than what is legally allowed. Anyone with  more than 80 milligrams of alcohol per 10 decilitres of blood may face a criminal charge of Driving Over 80.

Driving Under the Influence

Meaning of Driving Over 80 mg

There is no exact amount of alcohol consumed per individual that can define the point at which they will be “over 80”. Numerous factors come into play, including height, weight, the timing of alcohol consumption, and consumption rate. If you are charged, always contact a Criminal Lawyer before making any statements. It is always better to be safe than sorry if you are unsure.

Our experienced trial lawyers will assist you in the best possible way.


Penalty for Driving over 80 mg

Individuals who are convicted of Driving Over 80 face serious consequences. Some of the consequences include the following:

Having a criminal record for life

Dealing with the impoundment of a vehicle

Facing 90-day license suspension (or more)

Paying a fine of $1,000 to $2,000

Serving jail time for repeat offenders

Experiencing dramatic increases in insurance premium

Having to install the mandatory ignition interlock device

Dealing with possible job loss if the job includes driving a motor vehicle


Defending and Legal Issues

Defending a Driving over 80 Charge

Note that being apprehended or charged for Driving Over 80 does not mean that you are automatically guilty or will automatically face conviction. The judge will decide who is guilty.

Your lawyer can develop many legal defences to avoid a conviction for you. The driver is often deemed not guilty, more so when the arresting officer did not strictly follow the rules of collecting evidence. If the evidence was not collected using the proper protocol and procedures, it is possible that the rights of the arrested person were violated. Arrests made with mistakes in the protocol can be deemed unlawful or without basis. This is a strong defence that an experienced DUI lawyer can make.

Driving over 80 and Legal Issues

Forming a solid defence for a charge of Driving Over 80 can be tricky, especially if there’s a DUI with bodily harm involved. There are many things to consider!

One important thing is that no matter when you are arrested and the circumstances surrounding your arrest, you have the right to legal counsel. The police must inform you that you have the right to get a lawyer, or they should get a lawyer for you if you don’t have one available. You must be allowed to speak in private to your lawyer. The police should respect your right to a lawyer as soon as possible. Unreasonable delays in getting you access to legal counsel can are all valid defence.

Breathalyzer Tests and Driving over 80

Below are situations when the police can ask a driver to take a breathalyzer test:

• The police smell alcohol on the person’s breath
• The police have determined that the driver has care and control of a vehicle
• The person has been arrested for impaired driving
• The person admits to recent alcohol consumption to the police

Note that after the officer has informed the person of needing to provide a breath sample, refusal from the driver to give a breath sample or refusal to cooperate with getting the sample may result in a charge of Refusing A Breathalyzer.

Over 80 vs Impaired Driving

Over 80 and impaired driving are similar criminal charges but are very different.

Impaired driving means the following:
• The police allege that the president’s ability to drive is impaired
• The person in question has consumed an alcoholic beverage regardless of the level of blood-alcohol

In contrast to the above, Driving Over 80 means the following:
• Police has tested the driver and found that the driver’s blood-alcohol level is more than 80 milligrams per 10 decilitres of blood
• Over 80 is based on the blood-alcohol level regardless of the person’s ability to drive

For someone to be charged with impaired driving, there must be evidence that the person was not driving normally; whereas, for someone to be charged with over 80, no evidence of abnormal driving is needed.A driver can charged with just one or both of these offences.


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