Driving At or Over 80/0.08

Driving at or Over 80/0.08 in Toronto 

If you are caught driving a vehicle with a Blood Alcohol level over 80 in Toronto, you will face serious issues. This is true even if it is your first offence.

The Canadian Criminal Code section 253 says you are committing a crime if you drive a motor vehicle while:

• Alcohol or drug use makes it hard for you to use it.
• Your blood alcohol level is higher than eighty milligrams in one hundred millilitres of blood.

In Canada, you can face charges for impaired driving or for driving with a blood alcohol level over 80. You might be over 80 and not guilty of impaired driving, but it is still an offence.

When we talk about impaired driving, the legal limit is clear. It is 80 milligrams of alcohol for every 100 millilitres of blood. This rule is the same for everyone, no matter how old they are.

Under the Criminal Code, it is illegal to drive if your blood alcohol level is above 80 mg of alcohol per 100 ml of blood. Those found guilty can face jail time, pay fines, and get a criminal record.

However, as drivers get older, their ability to handle alcohol becomes less. This makes it easier for them to go over the legal limit.

This is why ignition interlock devices are an important tool to help stop impaired driving. These devices make drivers give a breath sample before starting their car. If they have been drinking, their blood alcohol level will be over the legal limit and the car will not start.

Most charges are about alcohol, but you can also get in trouble for driving if you are said to be using drugs. You might also be charged if you refuse to take a breath test.

If you lose your driver’s license, you might also get a criminal record that could follow you for a long time. It is important to defend yourself as best as you can.

Jeffrey I. Reisman, a criminal defense lawyer, can help you avoid the toughest penalties for impaired driving.

Bail Conditions for 80/0.08 Charges

Operating a vehicle with a BAC over 80 (a reading of 0.08 or more) means you will probably have to go to court to answer the charges.

In terms of bail, this should be simple. You will only need a bail hearing or have rules on your release in special cases. This could happen if you are a regular repeat offender.

In more serious cases, the prosecutor may want you to stay in custody until your trial. You could also be released but not allowed to sit in the driver’s seat of a car or drink.

In most cases, you will be let go on bail from the police station where you are charged. This will happen without any conditions. However, your driving license will be paused for several days.

If you have drinking and driving charges, it is important to get help from a lawyer who knows about impaired driving.

To make sure you get out quickly, reach out to your lawyer, Jeffrey Reisman. He will handle your bail and start working on your defense.

Defending 80/0.08 Charges

Impaired driving with a blood level over 80 is a serious crime in Canada. If you get convicted for this, you will have to go through a medical evaluation.

Just because your BAC reading is over 0.08 in a breathalyzer test does not mean you will be found guilty of driving at or over that limit.

Many drivers in Toronto have tested over 80. However, the behavior of the police at the scene or later at the station has led to the charges being dropped.

Your rights under the Constitution must be respected all the time. Police officers have rules they should always follow, but sometimes they do not.

The proof against you can sometimes be questioned. This can cause the charges to be dropped or you to be found not guilty in court.

Common questions that your defence will consider include:

• Timing – were you really over the limit while driving?
• Were the tests done as soon as they could be?
• Were you told about your right to a lawyer?

You still have a chance when you get charged for driving over 80.

Never say you are guilty. Work with a DUI lawyer in Toronto who knows these cases well, like Jeffrey Reisman.

Impaired Driving Penalty for 80/0.08 Charges

The penalties for impaired driving and driving with a blood alcohol level of 80 or more increase based on how many times you have been convicted.

You will get a fine based on your BAC reading results.

• A reading of 80mg to 110mg: $1000 fine (at least)
• A reading of 120mg to 150mg: $1500 fine (at least)
• A reading of 160mg or more: $2000 fine (at least)

Also, the following penalties will be given based on how many convictions you have.

1st conviction

• A minimum of one year without driving
• Your vehicle will be taken away

2nd conviction

• 30-day jail time (minimum rule)
• 2-year minimum ban on driving
• Vehicle taken away

3rd conviction

• 120 days in jail (minimum time required)
• A 3-year minimum ban on driving
• The car will be taken away

Along with these immediate effects, you will also face the longer-term results of a conviction, like:

• Rising insurance costs
• A driving ban from one year to many years
• A device in your car to stop you from driving after drinking (hard to deal with and costly)
• Taking part in drug and alcohol education classes
• A harmful impact on your job opportunities

If you are found guilty of impaired driving in court three times in a 10-year period, you could lose your driving license for life.

How can a criminal lawyer help you if you have over 80 charges?

A skilled criminal lawyer from Toronto, like Jeffrey Reisman, is used to working with police, the prosecution, and the Toronto legal system. He helps you get bail and fights against the charges.

He will work hard so that you do not face the serious problems from an over 80 conviction.

The earlier you start, the greater your chance of success.

You can call Jeffrey Reisman anytime for a free consultation. His numbers are 647.351.HELP or 647.556.5235.