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Over 80 Lawyer in Toronto
Operating a motor vehicle with a blood alcohol concentration equal to or greater than 80 milligrams of alcohol in 100 mL of blood within two hours of ceasing to operate the vehicle is informally referred to as “Over 80.” In practice, people are charged with this offence when their breath tests at the police station “blow over” the legal limit. We have experience defending individuals charged with “Over 80” in Toronto and all throughout Ontario.
Facing an Over 80 Charge
One of the most challenging experiences a person can face is being investigated for or charged with a criminal offence. Charges are levelled against you, and they target your character. You are solely responsible for serving your sentence if you are prosecuted and convicted. However, you are not required to go through a criminal investigation alone, regardless of how isolating it may feel. The best thing you can do for yourself is to get in touch with Karapancev Law. We can offer you with a criminal defence overview and explain all of your legal options at our law offices located in Toronto and Mississauga.
What “Over 80” means
The offence of “Over 80” is codified in section 320.14(1)(b) of the Criminal code. Operating a motor vehicle with a blood alcohol content of 80 mg or more per 100 mL of blood within two hours of stopping to drive is a criminal offence. You will be required to submit a breath sample at a police station, normally after being pulled over while driving, in the course of a police investigation for drinking and driving. The intoxilyzer instrument, also known as a breathalyzer, allows police to determine the exact amount of alcohol in your blood.
Since 2018, there have been modifications to the law regarding this offence. Previously, you had to have more than 80 mg of alcohol in 100 mL of blood to be charged. Now, you can be charged if your blood alcohol level is equal to or greater than 80 mg of alcohol in 100 mL of blood. Parliament effectively cut the legal limit of alcohol in your system while driving by modifying the wording slightly.
The distinction between "Over 80" and "Impaired Driving"
The term “impaired driving” refers to when your ability to drive a car has been impaired by alcohol or drugs (or a mixture of both). If you are charged with this offence in Toronto, the prosecutor must establish that you were driving or in care and control of a motor vehicle and that your ability to drive or be in control was impaired by alcohol. How does the Crown Attorney go about doing this? At your trial, the Crown will lead evidence in an attempt to prove that you were operating a car, or in care and control of the car, and that you were impaired by alcohol or drugs to such a degree that it had an effect on your driving. The Crown Attorney is not required to prove that you were extremely intoxicated – being intoxicated with any quantity of alcohol or drugs, if it impairs your ability to drive a car, is illegal.
Therefore, “Over 80” is a distinct crime from impaired driving. As a result, the prosecutor does not need to show that you were impaired by alcohol – whether you looked intoxicated or completely sober is irrelevant. If a police officer had the legal authority to order you to blow into an intoxilyzer and the results revealed that your blood alcohol level was equal to or greater than 0.08, you would almost certainly be charged with driving “Over 80”. Anyone with a blood alcohol level of 0.08 or higher is legally not permitted to drive a motor vehicle, regardless of height, size, weight, sex, what they ate, what they drank, etc.
A Powerful Defence
When you’ve been accused of “Over 80” or a DUI, the likelihood of a positive outcome can seem grim. Having an experienced lawyer on your side is critical in cases like this. We have experience representing clients in Toronto, Brampton, Newmarket, and throughout Ontario in drinking and driving cases.
Our defence strategy is founded on a thorough examination of your case. We will look into your charges as well as the evidence gathered against you. We will hold the Crown to their burden of proof and explore all avenues in our mission to achieve a favourable outcome in your case.
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