Ottawa Impaired Driving / Over 80 (80 and Over)
If police stop your vehicle in Canada and you have a blood alcohol concentration level (BAC) of .08 or higher, you will be charged with driving over the legal limit. Depending on the details of your case, you may also face charges for impaired driving. Many people refer to this crime as a “DUI”. However, in Canada, we call this offence “Over 80” or “Over 0.08”.
If you are arrested for “Over 80” in Ottawa or Quebec, seek competent defence counsel immediately. The charges against you are serious and without proper counsel you could face severe consequences. At David Anber’s Law Office, our legal team has extensive experience defending Canadians accused of a wide range of impaired driving charges. Whether you are a first-time offender, or facing a subsequent “Over 80” charge, we are ready to help you build a formidable defence.
Understanding impaired driving over 0.08 (0.08 and over)
According to the Canadian criminal code, it is a crime to “operate a conveyance” when your blood alcohol concentration is equal to or exceeds 80 mg of alcohol in 100 mL of blood.
The majority of “conveyances” are cars, trucks, motorcycles or other motor vehicles.
Further, the police officer that stops you has the authority to request that you take a roadside breathalyzer test to determine if alcohol is present on your breath. Police in Canada may request that drivers take this test regardless of whether there is evidence of impaired driving. Also, should you refuse to take a breathalyzer test, your licence will be immediately suspended, your car will be impounded, and you will be treated as if you were driving “Over 80”.
Yet in order for the prosecution convict you of this charge, they must establish two things:
- You were operating a conveyance (not necessarily driving)
- You were impaired at or over the legal limit (0.8)
Proving the above points is easier said than done. Our legal team knows exactly how the prosecution in Ottawa operates and we are ready to thwart their case against you at every turn.
Penalties for driving “Over 80” in Canada
An arrest for driving over 80 is a serious matter. In fact, if convicted you will face penalties now and in the future.
Ultimately, your BAC level and your criminal record will determine the extent of punishment you receive.
First-time conviction:
- A minimum fine of $1,000 (for BAC readings of 80mg-110mg)
- A minimum fine of $1,500 (for BAC readings of 120mg-150mg)
- A minimum fine of $2,000 (for BAC readings of 160mg or over)
- A minimum one-year driving ban, with immediate eligibility for Ignition Interlock
For second and third convictions, you face a jail sentence of 30-120 days followed by a 2-3-year driving ban. Further, if you are convicted of any crime, you will have a criminal record. This can impede your ability to obtain future employment, attend universities, affect insurance premiums — even your ability to travel.
Defences for driving over 0.08
If you are arrested for drunk driving in Ottawa, don’t give up and accept the charges against you. Over 0.08 charges are worth defending against in Canada. There are a wide range of issues that can affect the penalties you face. At the very least, your lawyers can fight for a reduced charge. At David Anber’s Law Office, we use many different defence tactics to protect our clients accused of driving over 0.08. Here are few examples of effective strategies we commonly employ:
- Question the stop and arrest — Police make mistakes like everyone else. If police acted inappropriately when stopping and arresting you, there may be grounds to have your case dismissed. You must be read your Charter rights and informed of the mandatory breathalyzer test and the consequences of refusing one. If you believe police violated your rights or abused you in any way, be sure to notify your lawyer immediately.
- Challenge the accuracy of field tests — Police often use field sobriety tests to determine a person’s level of impairment. However, these tests are known to be inaccurate and may be unjust when used on a disabled, sick, or elderly individual.
- Challenge the accuracy of breath tests — Roadside and department breathalyzer tests are not infallible. They must be properly calibrated and the operator administering and reading them must be properly trained.
These are only a few examples of defense strategies we use to protect our clients. After analyzing the details of your case, we can help you devise an effective plan of action that safeguards your rights, license, and future.
Ottawa over 0.08 lawyers advocate for your rights
When police stop you for driving while impaired, you need competent defence counsel. At David Anber’s Law Office, we work tirelessly to help Canadians fight alcohol related charges throughout Ottawa and Quebec. We understand what is at stake in your case and we are ready to defend you at every stage. To schedule a free consultation to speak with one of our knowledgeable defence lawyers, call 1-888-989-3946 or contact us online.