Over 80 DUI Lawyer In Toronto

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If the police stop you while driving and take a breathalyzer, and the readings are above 80 milligrams of alcohol per 100 millilitres of blood, you can be charged with driving while over 80.

In Canada, operating a vehicle while your Blood Alcohol Concentration is over 80 is a serious criminal offence, even for a first offence. Therefore, if you find yourself in such a situation, hire an experienced over 80 DUI lawyer in Toronto.

Let’s take a deeper look into over 80 charges, the potential penalties, and possible defences.

Driving Over 80 Meaning

According to the Criminal Code of Canada, everyone commits a criminal offence who operates a motor vehicle, assists in the operation of one, or has had care and control of a motor vehicle within the last two hours, whether it’s in motion or not, and who is found to have more than 80 mg of alcohol per 100 ml of blood.

In other terms, driving over 80 means that one:

  • took alcohol
  • was operating or had care and control of a motorized vehicle
  • was given a breathalyzer test
  • the readings were over the legal limit of 0.08

One can face this charge and not be charged with driving while impaired or intoxicated as the charge only pertains to your blood alcohol concentration. Even as a single charge, it carries severe long-term consequences.

If you’re charged with driving while over 80, contact Zamani Law for exceptional legal representation.

Over 80 Penalties

In Canada, driving offences are sternly prosecuted, and they carry some of the most severe penalties. Driving over 80 charges carry harsh punishments that vary per your previous driving offences and the BAC reading. The harsh penalties are put in place to discourage drinking and driving, which causes devastating accidents, injuries, and deaths each year.

The following are immediate penalties under the Ontario Highway Traffic Act imposed for driving while over 80:

  • immediate 90-day roadside suspension
  • a 7-day vehicle impoundment
  • a $550 administrative penalty
  • mandatory alcohol education program for 2nd or subsequent offences
  • ignition interlock installation for third and subsequent offences

Penalties for a conviction of driving over 80 vary as follows:

First Conviction

  • fines as per your BAC:
    • $1,000 minimum fine for BAC of 80 mg but less than 120 mg
    • $1,500 minimum fine for BAC of 120 mg but less than 160 mg
    • $2,000 minimum fine BAC of 160 mg and above
  • 1-year minimum license suspension
  • Vehicle impoundment

Second Conviction

  • Mandatory minimum 30-day jail sentence
  • 2-year minimum license suspension
  • Vehicle impoundment

Third Conviction

  • Mandatory minimum 120-day jail sentence
  • 3-year minimum license suspension
  • Vehicle impoundment

If you’re criminally convicted of DUI three times within 10 years, your driving license is likely to be suspended for life.

Apart from fines, jail terms, and license suspension, an “over 80” conviction can have other long-term consequences in your life. These include:

  • A negative impact on future employment prospects
  • Increased insurance premiums
  • Driving inconveniences due to license suspension and installation of an ignition interlock system

Now that you know how severe the penalties for driving over 80 are, it’s essential to enlist the services of an experienced DUI lawyer when charged with an over 80 driving offence. Get your free, no-obligation consultation today.

Why You need a Criminal Lawyer for Driving Over 80

When facing criminal charges, a criminal defence lawyer is your best shot at attaining the most favourable outcome, and over 80 charges are no exceptions.

When facing driving while over 80 charges in Toronto, don’t plead guilty as there are numerous ways a skilled lawyer can protect you; they can get the charges thrown out on technicalities or help you alleviate the possible consequences.

If you decide to face the charges alone, you might face exaggerated or unnecessary consequences, ruining the rest of your life.

Don’t take chances with your life and freedom! Retain an experienced over 80 DUI lawyer to defend you.

About Us

Zamani Law is a leading criminal defence firm in Toronto. We protect persons charged with criminal offences, including driving violations such as driving while over 80.

Zamani Law was established to provide excellent and effective legal services to the residents of Toronto and beyond. We have achieved this through meticulous investigations, thorough analysis of evidence, and preparation of strong, effective defence strategies in every case that we handle.

When it comes to “Over 80” charges, we have defended many clients, getting their charges withdrawn or alleviated to avert harsh penalties such as jail time and criminal records. With our experience and expertise in driving offences, you’ll be in capable hands.

Our team of lawyers, paralegals, and other legal professionals work together to attain the best possible results as per the details of your charges. No matter how complex the case is, we strive to protect your freedom and future through every possible means.

If you or someone you know are facing driving while over 80 charges, call us at (647) 363-7739 for a free, no-obligation consultation.

Fighting Driving While Over 80 Charges

If you’re charged for driving with over 80 BAC, do not assume that you’re automatically guilty. Most people tend to plead guilty, assuming that the matter will be resolved more efficiently, only to end up facing severe consequences.

For every criminal charge, there are possible defence strategies that can help you alleviate or completely avert the potential penalties, and this applies to over 80 charges as well. Therefore, when arrested for driving while over 80, remain silent and retain an experienced DUI lawyer in Toronto.

Some of the possible over 80 DUI charges include:

  • Improper, arbitrary stop
  • Improper demand
  • Improper use of breathalyzer
  • Insufficient time between tests
  • Too much time between tests
  • Breathalyzer malfunction
  • Failure to provide full disclosure
  • Violation of your Charter rights

With over 80 charges, you have a chance to fight the charges and even get them dropped. Therefore, if charged with driving over 80 in Toronto, contact a lawyer with extensive experience in such matters.

Impaired Driving Vs Over 80 Charges

Impaired driving and over 80 are both driving violations under the Criminal Code of Canada. The two charges have significant differences, and, depending on the circumstances, you can be charged with both offences or just one.

To be charged with an over 80 mgs offence:

  • The police take your breath sample;
  • if your BAC is over 80 mgs per 100 ml of blood, you’ll face charges;
  • even if your ability to drive is not impaired
  • you were driving or had care and control of a motor vehicle

To face impaired driving charges:

  • a Drug Recognition Officer conducts an impairment test;
  • if they allege that your ability to drive or to have care and control of a vehicle is impaired by alcohol or other drugs;
  • or provide proof that you were driving badly;
  • you’ll face charges regardless of your intoxication levels or BAC

If you’re facing one or both of the above allegations, it’s crucial to retain an experienced DUI lawyer in Toronto. They’ll protect your rights and defend you against the charges.

Over 80 & Breathalyzer Tests

In Canada, the police are authorized to demand for a breathalyzer test if:

  • you’re stopped and arrested for impaired driving
  • you have care and control of a motor vehicle
  • you admit to consumption of alcohol
  • the police smell alcohol on your breath

If a police officer demands for a breathalyzer test, you’re required by the law to comply and submit to the test either at the roadside or at the station. If you refuse to comply, either by word or act, you can be charged with refusal to provide a sample.

Legal Issues & Over 80 Charges

The legal elements of criminal charges play a vital role in every defence. When defending clients facing driving while over 80 allegations, some of the legal issues we look into include:

  • Your BAC:
    • was your Blood Alcohol Concentration over the limit when driving, when the police took a breath sample, or long after you were stopped? The time you were over 80 mgs is important to your case.
    • Was there any unreasonable delay in taking your breathalyzer test
  • Right to a lawyer:
    • Did the police advise you about having legal counsel?
    • Did they make a lawyer available upon your request?
    • If your right to counsel was violated, we could get your charges dismissed
  • Reasonable Doubt
    • The prosecution must prove beyond reasonable doubt that you’re guilty of driving or having care and control while over 80
    • If there’s doubt, you’re likely to be acquitted

Retain Zamani Law Over 80 DUI Lawyers

If you are facing driving while over 80 charges, do not hesitate to call Zamani Law at 416-627-1318. We provide free, no-obligation consultation.

When speaking to our lawyer, they’ll ask for case details and answer any questions that you may have. They’ll arrange for an initial meeting to review any documents given by the police and provide possible defences to the charge.

Protect your rights, freedom, and future by getting legal counsel.

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