Over 80 Charges

If you are stopped and your blood alcohol concentration level (BAC) is at or over 80 milligrams of alcohol per 100 milliliters of blood, you will be charged with a criminal offence.

You may know this as “DUI” or “DWI” but these American terms are not used in Canadian law.

In Canada, it is commonly referred to as “Over 80” or “Over .08.”

As with DUI or DWI, driving over 80 is a serious criminal offence that can have devastating consequences for your future – even if it is your first offence.

Our team of lawyers have defended hundreds of “over 80” charges and use their experience and knowledge to craft the most appropriate defence for you.

Throughout the process, our goal is to help you understand your charges, the process and your options.

Defences for driving over the legal limit

The offence of driving while your blood alcohol is over the legal limit is a technical one. Defending against this offence requires technical knowledge of the instruments used as well as legal knowledge pertaining to the elements of the offence and the defences available as a result of Charter breaches.

Our team of lawyers have the necessary knowledge and experience to vigorously defend against these charges based on the many of over 80 cases we have defended in the past.

Understanding a driving over 80 charge in Ottawa

The Criminal Code of Canada determines that is an offence to “operate a conveyance” when your blood alcohol level is at or exceeds 80 mg of alcohol in 100 ml of blood.

In reality, 99 percent of “conveyances” are motor vehicles.

The officer(s) who stop(s) you are able to check at the roadside for the presence of alcohol on your breath by administering a road side screening test. This can be requested even if there is no evidence of impaired driving. If you refuse this test but your licence will be immediately suspended, your car impounded, and you will be treated as if you were driving over the limit.

However, to secure a conviction for this charge, the prosecution must show that you were:

• Operating a conveyance (not necessarily driving); and
• At or over the legal limit (0.8)

While this may sound straightforward, multiple complexities are involved with such cases. Our team of lawyers can guide you through the complexities of your case and assist you in crafting the most appropriate legal defence.

Penalties for a driving over 80 conviction

A conviction for driving over the legal limit affects you immediately and in the long term.

Various levels of penalties apply, according to your BAC level and whether it is your first conviction. The punishment for this offences includes

-A minimum $1000 fine

-A one year driving prohibition

-And a Criminal Record.

For second and third convictions, a jail sentence of 30-120 days is accompanied by a 2-3-year driving ban.

How will we defend you?

We will vigorously defend your rights and push for either a withdrawal of the charges or an acquittal at trial.

Successfully defending the charges is possible with an effective trial strategy – even in cases where the evidence against you seems overwhelming.

Our lawyers will carefully analyze the evidence against you and challenge aspects of the prosecution’s evidence that seem weak.

Mistakes are often made by police officers when:

• Making the stop and arrest;
• Following legal procedure when requesting a sample;
• Administering the breathalyzer tests;
• Implementing your right to speak to a lawyer; and
• Justifying their interpretation of the law

A defence for driving over 80 can become very technical (for instance, it can be based on the technical aspects of the breathalyzer equipment that was used). We will look for weaknesses and inconsistencies in the evidence and advance every defence available to you.

Our goal is always to keep the long-term consequences to a minimum for our clients.

Powerful defence for driving over the legal limit

Understanding a driving over 80 charge in Ottawa

The Criminal Code of Canada determines that is an offence to “operate a conveyance” with too much alcohol or drugs in your blood.

In reality, 99 percent of “conveyances” are motor vehicles.

The officer(s) who stop(s) you are able to check at the roadside for the presence of alcohol on your breath by administering a breathalyzer test. This can be requested even if there is no evidence of impaired driving. You can refuse this test but your licence will be immediately suspended, your car impounded, and you will be treated as if you were driving over the limit.

However, to secure a conviction for this charge, the Crown prosecution must show that you were:

• Operating a conveyance (not necessarily driving); and
• At or over the legal limit (0.8)

While this may sound straightforward, multiple complexities are involved with such cases.

That’s why it’s so important to seek legal counsel from a lawyer experienced in defending driving 80 charges.

Penalties for a driving over 80 conviction

A conviction for driving over 80 affects you immediately and in the long term.

Various levels of penalty apply, according to your BAC level and whether it is your first conviction.

For a first conviction you can expect:

• A fine of at least $1,000 (for BAC readings of 80mg-110mg)
• A fine of at least $1,500 (for BAC readings of 120mg-150mg)
• A fine of at least $2,000 (for BAC readings of 160mg or over)

You can also expect:

• A minimum one-year driving ban, with immediate eligibility for Ignition Interlock (blow box)

For second and third convictions, a jail sentence of 30-120 days is accompanied by a 2-3-year driving ban.

In the longer term, you will have to accept that you have a criminal record.

This can affect:

• Employment opportunities
• Ability to travel for you and your family
• Your immigration status (if you’re not a Canadian citizen)
• Future insurance premiums (once you can drive again)

How will we defend you?

While drink driving is rightly treated as a serious offence in Ottawa, first-time offenders are often treated excessively harshly.

The potential punishments can create ongoing problems throughout their lives.

We will vigorously defend your rights and push for either case dismissal or acquittal at trial.

Beating the charge is possible with an effective defence and trial strategy – even in cases where the evidence against you seems overwhelming.

Our lawyers will carefully analyze the evidence against you and challenge aspects of the Crown prosecution evidence that seem weak.

Mistakes are often made by police officers when:

• Making the stop and arrest
• Following legal procedure when requesting a sample
• Administering the breathalyzer tests, and
• Justifying their interpretation of the law

You have constitutional rights to defend and are innocent until proven guilty. That means you have a chance.

A defence for driving over 80 can become very technical (for instance, it can be based on the technical aspects of the breathalyzer equipment that was used). So, it pays to have a lawyer well versed in such cases on your side.

We will look for weaknesses and inconsistencies in the evidence and hold prosecutors to the highest standards of conduct.

We only advise pleading guilty in exchange for a lesser sentence when it is an absolute last resort.

The goal is always to keep the long-term consequences to a minimum for clients.