Driving At or Over 80/0.08

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 (or reading of 0.08 or over, to be more precise) means that you will likely have to appear in court to answer the charges.

In terms of bail, this should be relatively straightforward. Only in exceptional circumstances will you require a bail hearing or have restrictions imposed on your release (for instance, if you are a regular repeat offender).

In more serious cases, the prosecutor may insist that you are held in custody until your trial, or you may be released but prohibited from even sitting in the driver’s side of a car or from consuming alcohol.

In most cases, you will be released on bail from the police station at which you are charged without conditions but your driving license will be suspended for at least a few days.

If you have been faced with drinking and driving charges, it is important to seek legal counsel from an experienced impaired driving lawyer

To be certain of a speedy release, contact your criminal defence lawyer, Jeffrey Reisman. He will arrange bail and start preparing your defence.

Defending 80/0.08 Charges

Impaired driving over 80 is a serious offence in Canada. If you are convicted of impaired driving with a blood alcohol level of over 80, you will be required to undergo a mandatory medical evaluation.

Even if your BAC reading is over 80 in a breathalyzer test, it does not mean that you will be convicted of driving at or over 80.

There are many cases where drivers in Toronto have blown over 80 but the actions of the arresting police officers at the scene or afterwards at the police station have caused the charges to be dropped.

For instance, your constitutional rights must be respected at all times and the police officers have a set of procedures that they must follow to the letter (but sometimes fail to).

Often, the evidence against you can be brought into question and this can lead to charges being dropped or you being acquitted at trial.

Typical questions that your defence will look at include:

• Timing – were you actually over the limit whilst driving?
• Were the tests performed as soon as reasonably possible?
• Were you advised about your right to a lawyer?

You always have a chance with charges of driving over 80.

Never admit guilt and commit to working with a Toronto DUI lawyer experienced in such cases within the Toronto legal system, like Jeffrey Reisman.

Impaired Driving Penalty for 80/0.08 Charges

The sentences for impaired driving and driving at or over 80 scale up according to the number of convictions on your record.

You will receive a fine according to your BAC reading results:

• 80mg to 110mg reading: $1000 fine (minimum)
• 120mg to 150mg reading: fine of $1500 (minimum)
• 160mg or over reading: fine of $2000 (minimum)

Additionally, the following penalties will be applied depending on the number of convictions you have.

1st conviction

• 1-year minimum driving prohibition
• Vehicle impoundment

2nd conviction

• 30-day jail sentence (mandatory minimum)
• 2-year minimum driving prohibition
• Vehicle impoundment

3rd conviction

• 120-day jail sentence (mandatory minimum)
• 3-year minimum driving prohibition
• Vehicle impoundment

As well as these immediate consequences, you will also have to face the longer-term consequences of a conviction, such as:

• Spiralling insurance premiums
• Driving suspension ranging from one year up to a lifetime
• Having an ignition interlock system installed in your vehicle to prevent you from driving after drinking (inconvenient and expensive)
• Attendance at drug and alcohol awareness courses
• A negative effect on your employment prospects

Note that if you are convicted criminally of impaired driving in court three times within a 10-year period, you may lose your driving license for life.