It is a criminal offence to operate a motor vehicle while your blood alcohol level is over the legal limit of: 80 milligrams of alcohol in 100 millilitres of blood. This legal limit is sometimes referred to as Over 80. Not everyone’s ability to drive will be impaired at this blood alcohol level. Many toxicologists and alcohol experts believe that certain people can be impaired at blood alcohol levels as low as 50 mg/%, and conversely some people are not impaired until their blood alcohol level reaches 100 mg/%.
Your own blood alcohol level depends on a number of factors, such as how much you have had to drink, the alcohol content of each drink, when you consumed each drink, your weight, your gender, how quickly you absorbed the alcohol, and how quickly your body eliminates alcohol.
So you may have been Charged with “Over 80” at a roadside “RIDE” spotcheck but you were not drunk?! – Or you have been charged with impaired driving but did not blow over 80, what is the difference between the 2 charges?
Being impaired may not be qualified by blowing over 80 with a roadside breathalyzer if the officer made a roadside stop because you were driving erratically. If the officer suspects you are driving under the influence “ DUI” of alcohol or narcotics and you admit to having “a drink” you will be instructed to cooperate in a roadside physical test “walk a straight line” if there is physical evidence of inebriation.
There may also be an officer who is trained to identify narcotics impairment dispatched to assist in the evaluation. If it is determined you are driving under the influence you may be placed under arrest and transported to the police station for further testing and evaluation. If Alcohol is suspected to be the impairment you will be asked to submit to a blood alcohol test. The results of that Blood Alcohol test may be below the legal limit and that may eliminate the over 80 charge. You will be left with the charge of impaired to fight in court
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