The Over 80 Rule and Impaired Driving in Ontario

The Over 80 Rule and Impaired Driving in Ontario

Many motorists stopped for driving over 80 have no idea what they did wrong or what law they violated. They may believe they cannot be arrested for this crime because they do not appear intoxicated.

What Does it Mean to be Over 80?

A “driving over 80” offence happens when you consume alcohol and operate a motor vehicle while having a blood-alcohol content of more than 80 mg/100 ml of blood after a breathalyzer test.

With the definition in mind, a motorist driving while intoxicated, drunk, or otherwise impaired does not necessarily mean driving over the legal speed limit. To be prosecuted for driving with 80 milligrams of alcohol as a defendant, you must have a blood alcohol level higher than the legal limit.

Impaired Driving in Toronto, Canada

You should always proceed with caution if you have had one or more drinks before driving unless you have the means to check your blood alcohol content. Always err on caution because the wrong choice might cost you money, your license, or serve time in jail.

You should be cautious and remember that a motor vehicle includes more than automobiles. If you are over 80 and are caught driving vehicles such as trucks, cars, motorboats, and off-roaders, the police may charge you with impaired driving.

When operating one of these above-listed cars, police officers have the right to stop you, interview you, and request that you perform field sobriety exercises or submit to further testing to determine how drunk you are.

What to Do After You Get Pulled Over

If you drink and drive, you might be fortunate enough to avoid being arrested one or two times, but ultimately you will be stopped. You must give the policeman who pulls you over your best cooperation when this occurs.

Giving incorrect answers to their questions could later cost you if the case gets to court. This will very probably require answering questions. The traffic stop can become more complex if you display actions that the police officer views as suspicious or possibly intoxicated. In this situation, you could be asked to exit the car to take a sobriety test.

In other circumstances, the police might just administer a breathalyzer test to you. How much you have consumed can be readily ascertained with the breathalyzer. In any of the following circumstances, a police officer may demand a breathalyzer test:

  • You have previously been accused of driving while intoxicated.
  • Alcohol is detectable by police officers, whether it is on your breath or in the vehicle.
  • The police officer notices an open alcohol container nearby, even if it is currently empty.
  • If you admit to the police officer that you drank anything before driving.
  • If the policeman observes that you are driving recklessly or losing control of your car.

As you can see, many of these circumstances demand that the officer make a decision. Therefore, acting may turn the police officer against you. On the other hand, if you are not disabled, your cooperation might win you the benefit of the doubt.

Consequences of an Over 80 Charge

The severity of your punishment if you are found guilty of driving above 80, depends on whether this is your first offence or not. You could anticipate your sentence for a first offence to comprise some or all of the following:

  • Being required to participate in an alcohol education and treatment program.
  • Have an ignition interlock system installed in your automobile for at least a year.
  • A $1,000 fine, exclusive of any further traffic fines or towing fees.
  • Your driver’s license will be suspended for at least a year.

No prison time is imposed for a first offence. However, if you commit a second offence, you could also be subject to the following penalties:

  • Returning to a mandated program for alcohol education and treatment.
  • Having an ignition interlock system installed in your car for a minimum of three years.
  • A fine that the judge determines its final amount.
  • Your driver’s license will be suspended for at least three years.
  • A minimum of 30 days in jail.

How a DUI Lawyer Helps You

A lawyer’s help is necessary when defending yourself against Over 80 allegations. Your DUI lawyer in Toronto can assist you in the following ways:

  • Discussing your legal options and suggest the one that best suits your needs.
  • Examining all the supporting documentation for your claim.
  • Request further information and reports.
  • Making court appearances on your behalf.
  • Talking to the prosecutor about a deal.
  • Making a motion to dismiss the charges or look for a solution that works for you.

A charge of driving while intoxicated can follow you for the rest of your life if you do not hire the right attorney to defend you. Even if you think you should not face an Over 80 charge, you should still speak with a lawyer to grasp the big picture and determine how best to present your defence.

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