Drinking and Driving Law in Ontario
The term “Over 80” refers to the criminal offence under Section 320.14(1)(b) of the Criminal Code of Canada, which prohibits operating a motor vehicle with a blood alcohol concentration (BAC) exceeding 80 milligrams of alcohol per 100 milliliters of blood. This is a serious offence that can result in harsh penalties, including a criminal record, license suspension, and even imprisonment.
If you’ve been charged with Over 80 in Brampton or elsewhere in Ontario, it’s essential to understand the nature of the charge and the potential defences available. Choosing an experienced criminal lawyer like Manbir Nirwal of Nirwal Law is critical to protecting your rights and achieving the best possible outcome.
What Does Over 80 Mean?
The offence of Over 80 occurs when:
- You operate or are in care or control of a motor vehicle, and
- Your BAC is measured at over 80 mg of alcohol per 100 ml of blood, as determined by a breathalyzer or blood test.
The police can obtain this evidence through:
- Roadside Screening Devices: These provide a preliminary indication of your BAC.
- Evidentiary Breath Tests: Conducted at a police station using calibrated equipment for accurate readings.
- Blood Tests: Performed in specific circumstances, such as when breath testing isn’t feasible.
When Can You Be Charged with Over 80?
Charges often arise in situations such as:
- Routine Traffic Stops: Police can demand a roadside breath sample even without suspicion of alcohol consumption.
- Collisions: If you’re involved in an accident, police may investigate whether alcohol was a factor.
- Erratic Driving: Signs of impaired operation, such as swerving or speeding, may lead to testing.
Penalties for Over 80
Being convicted of Over 80 can lead to severe consequences, including:
- Criminal Record: A permanent record can affect your employment and travel opportunities.
- Fines: A minimum fine of $1,000 for a first offence.
- License Suspension: An automatic suspension starting at one year for a first offence.
- Ignition Interlock Program: Installation of a device that prevents your vehicle from starting if alcohol is detected.
- Imprisonment: Mandatory minimum jail time for repeat offences.
These penalties highlight the seriousness of an Over 80 charge and the need for skilled legal representation.
Can Over 80 Charges Be Defended?
Yes, a knowledgeable criminal defence lawyer can explore several defences, such as:
- Challenging the Stop or Arrest: If the police did not have lawful grounds to stop you or request a breath sample, the evidence may be inadmissible.
- Procedural Errors: Mistakes in administering the breath tests or maintaining equipment can invalidate the results.
- Timing of the Test: If your BAC was below 80 while driving but increased later due to absorption, this could form the basis of a defence.
- Violation of Rights: Breaches of your Charter rights, such as failing to inform you of your right to legal counsel, can result in the evidence being excluded.
Why You Need a Criminal Lawyer for Over 80 Charges
Facing Over 80 charges without a lawyer can result in devastating outcomes. A skilled criminal lawyer in Brampton, like Manbir Nirwal, can:
- Analyze the Evidence: Evaluate the Crown’s case for weaknesses or procedural errors.
- Build a Strong Defence: Develop a tailored strategy to fight the charges or reduce penalties.
- Negotiate with the Crown: Seek alternative resolutions, such as a plea agreement or reduced charges.
Why Choose Nirwal Law?
At Nirwal Law, we understand how overwhelming criminal charges can be. With extensive experience defending clients against Over 80 and impaired driving charges, Manbir Nirwal is dedicated to providing the highest level of legal representation.
We work closely with clients to ensure their rights are protected and aim for the best possible outcome, whether through dismissal, acquittal, or minimized penalties. Located in Brampton, our firm is recognized for delivering personalized and effective defence strategies tailored to your unique situation.