Charged with Over 80mg of alcohol in Ontario?
it must be remembered that you are presumed innocent until proven guilty and the Crown bears the heavy burden of proving all essential elements of the case beyond a reasonable doubt. Given the heavy penalties involved you owe it to yourself to seek the best possible representation from an experienced lawyer with a record of defending these types of cases. If you are uncertain about your rights and need to win the case to keep your licence and avoid a criminal record then why not call the Impaired Driving Defence Centre? Our initial consultation is always free and IDDC colleagues can speak with you, promptly.
Understanding an over 80mg charge , what does it mean?
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 View Our Winning Record
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Toronto & GTA Call 289.481.1007- Outside GTA Call 1-877-497-3927
First Offence:
- First offence, with blood alcohol content of 80-129 mg: mandatory minimum $1,000 fine
- First offence, with blood alcohol content of 130-159 mg: mandatory minimum $1,500 fine
- First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,000 fine
- First offence, but refuse to be tested: mandatory minimum $2,000 fine
- Mandatory education or treatment program
- Mandatory Ignition Interlock period of at least 9 months
- Prohibited from Operating a motor vehicle of any kind within Canada for a minimum of 1 year, subject to the ignition interlock program
Second Offence:
- Mandatory education or treatment program
- 3 year minimum requirement to drive a car equipped with an ignition interlock device; subject to the Stream D program
- mandatory minimum 30 days imprisonment
- Fine amount at the discretion of the judge
- Licence suspended for minimum 3 years by the Ministry of Transport; subject to the Stream D program
- Minimum 2 year prohibition on operating a motor vehicle anywhere in Canada, even if they don’t require a driver’s license
Third and subsequent Offences:
- Mandatory education or treatment program
- Variable interlock periods (depending on sequence of prior convictions)
- mandatory minimum 120 days imprisonment
- Lifetime licence suspension (can be reduced to 10 years if certain conditions are met on the third conviction; on fourth or subsequent conviction lifetime suspension with no possibility of reduction)
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"Ontario Criminal Lawyers Who Defend Drinking & Driving Charges"