The act of using a vehicle while under the effect of drugs or alcohol is known as impaired driving in Ontario. When informed that there are other types of motor vehicles besides the standard automobile, many people are truly astonished.
What does Driving Under the Influence after 80 mean?
The most prevalent definition of “charges over 80” is when a driver operated a motor vehicle while having a blood alcohol content (BAC) level greater than 80 milligrams per 100 millilitres (mg/ml). According to Ontario rules, driving when impaired to any degree exceeds 80 mg, and doing so is illegal.
Most people who are detained for driving over 80 mgs were unaware that they had ingested more alcohol than was permitted. Many drivers claim that they are able to drive since they do not “feel intoxicated” and believe they are safe to do so. Unfortunately, a driver can be regarded to be under the influence of alcohol or drugs even though they do not feel intoxicated or impaired. In many cases, having one more drink can mean the difference between having too much alcohol in one’s system and being charged with DUI. Frequently, the driver has “just one more drink” without realizing they are endangering themselves and their passengers.
What happens if a driver doesn’t drive aggressively or acts intoxicated? What other reasons might a police officer ask a driver to submit to a breathalyzer test?
When is a Breathalyzer Test permitted by the Police?
The police have the power to request that a driver submits to a breathalyzer test when:
- The motor vehicle’s driver has previously been detained on suspicion of driving while intoxicated or on a related offence.
- When the authorities pull the motorist over for a separate offence like speeding, they notice that the driver has alcohol on their breath or in the vehicle.
- The policeman may see a bottle of alcohol, open or not, within the driver’s reach. For instance, the vodka bottle next to the driver’s seat is open.
- If the motorist admits to the police officer that they drank alcohol before operating their car
- The accused is seen by the police driving erratically and without control of his vehicle.
Can you Get Charged in Ontario for Impaired Driving Above 80?
The term “over 80 charges” refers to the fine for operating a motor vehicle with a blood alcohol concentration of more than 80 milligrams per 100 ml.
When a driver is taken to the police station, given two breath samples that are taken 15 minutes apart using a breathalyzer, and the lowest result of the two tests reveals a reading that indicates the driver has more alcohol in their system than the legal limit of 80 mg for every 100 ml of blood, the driver is charged with an over-80 offence.
Can I Decline to take a Breathalyzer Test?
If a driver is asked to submit to a breathalyzer test by a police officer and refuses, either outright by stating “no” or by failing to provide a sufficient sample, such as by pretending to blow into the machine so it doesn’t register a reading, they will be charged with refusing/failure to comply. The Crown will now have to establish its case without a reasonable doubt.
What is the Ontario Penalty for Impaired Driving?
According to the Ontario Ministry of Transportation, the severity of your punishment will depend on your Blood Alcohol Concentration (BAC) or how many times you have been caught driving while intoxicated.
The following minimum punishment applies to first-time impaired driving offenders:
- Being required to participate in an alcohol education and treatment program.
- The minimum time that an offender’s vehicle must have an ignition interlock system installed is one year.
- Initially, there is no jail sentence.
- $1,000 in fines, not including towing fees or additional fines.
- Your driving rights will be suspended for a year.
For a second offence of drinking and driving, the minimum punishment is:
- Attending a required alcohol education or rehab program.
- Driving a vehicle with an ignition interlock device requires three years of experience at the very least.
- A minimum of 30 days jail term.
- The Judge will decide how much the fine will be.
- Three years suspension of the driver’s license.
The third offence of drinking and driving:
- Driver must complete a required alcohol education and treatment program.
- It will be necessary for motorists to have an ignition interlock device installed in their vehicles for the rest of their lives.
- The driver will receive a minimum of 120 days in prison.
- The Judge will choose the fine’s dollar amount.
- A lifelong license suspension will be imposed on the driver.
The consequences of being found guilty of driving while impaired offence in Ontario are frightening and humiliating. In addition to being costly and damaging, getting charged with driving over 80 will result in the suspension of your license, the creation of a criminal record, and significant increases in your insurance rates. It’s critical to hire qualified counsel to defend you against charges of driving while intoxicated. Our skilled impaired driving attorneys will assist you through this challenging procedure and will work tirelessly to secure the best outcome for you.
What issues may a Lawyer for Drunk Driving assist with?
Kisel Law legal lawyers have extensive experience handling impaired/over 80 cases. We provide a solid driving while intoxicated defence to ensure the best outcome.
Many of our clients have benefited from our assistance in avoiding jail time, hefty fines, and license suspensions. Also, we made a point of preventing some of our customers from getting a criminal record. Let the knowledgeable Kisel Law attorneys assist you in winning your case by calling (289)-835-3465 for a free consultation!
1. What are impaired driving and over 80 crimes in Ontario?
Impaired driving and over 80 crimes refer to offenses where a driver operates a vehicle under the influence of alcohol or drugs. The impaired driving offense occurs when a driver’s ability to operate a vehicle is impaired by alcohol or drugs, while the over 80 offense involves driving with a blood alcohol concentration (BAC) over 0.08%. These offenses carry serious legal consequences, including fines, license suspension, and possible jail time.
2. What penalties can I face for impaired driving or over 80 charges?
The penalties for impaired driving or over 80 crimes can vary depending on the circumstances and whether it’s a first offense or a repeat offense. Penalties can include fines, driving prohibitions, mandatory education programs, and imprisonment. Convictions can also result in a permanent criminal record, which can affect employment and travel. A lawyer can help minimize penalties or explore possible defenses.
3. Can a lawyer help reduce the consequences of an impaired driving or over 80 charge?
Yes, an experienced lawyer can assist in reducing the consequences of impaired driving or over 80 charges. A lawyer will assess your case, investigate the circumstances of your arrest, and explore potential defenses such as procedural errors, inaccurate breathalyzer tests, or medical conditions that could have affected the results. They may also negotiate a plea deal to reduce penalties.
4. What are the possible defenses against impaired driving or over 80 charges?
Common defenses against impaired driving or over 80 charges include challenging the accuracy of breathalyzer results, questioning the validity of the police officer’s observations, or disputing the legality of the traffic stop. In some cases, it may be argued that you were not impaired or that your BAC was below the legal limit at the time of driving.
5. How can Kisel Law help if I’m charged with impaired driving or over 80 crimes?
At Kisel Law, our experienced criminal defense team specializes in defending clients against impaired driving and over 80 charges. We will work diligently to evaluate all evidence, identify potential legal defenses, and represent you in court to achieve the best possible outcome. Contact us for a consultation to discuss your case and how we can help protect your rights.