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Drive Over 80mgs

 

 

 

Drive over 80 milligrams, Impaired Driving, and Refuse Breath Test are all criminal offences under the Criminal Code of Canada.

Driving over 80mgs means, not that the driver was intoxicated or drunk, only that;

     "The police had a lawful authority to check the blood alcohol level of the driver, and when they did so the level of Blood/Alcohol level was over a reading of .08mgs."

All about Driving over 80mgs

For Driving over 80, Canadian Law has a "line" as to what level of alcohol that a driver can have in their blood stream or body. That line is eighty milligrams per one hundred milligrams of alcohol.

Once the police have a lawful authority to test the level of alcohol in the blood of a driver the driver must accompany the police officer to allow the tests to be taken. If once the driver takes the tests and fails or obtains a reading over 80 milligrams, the police will charge the driver with Drive over 80mgs.

To conduct a breathalyzer test the police must have one of the following;

  1. The accused is operating or has the care and control of a motor vehicle
  2. The driver has been arrested for impaired driving
  3. The police have stopped the driver and can smell an odor of an alcholic beverage
  4. The driver tells the police that they have consumed an alcholic beverage

Once the police officer has grounds demand a breathalyzer test the police officer must either read to the driver a demand for a "roadside screening test" or a demand for a breathalyzer test to be taken at the police station.

A criminal lawyer can explain the legal issues and how to defend yourself against this charge. The penalties for drive over 80mgs are considered seriously by the Canadian court system and society in general, penalties for impaired driving and driving over 80mgs are severe and include mandatory drivers licence suspensions, fines, and jail terms for repeat offences.

Once a demand for breath samples has been made the driver must accompany the police officer for the purpose of complying with the demand for breathalyzer samples. The police officer will either have the driver blow into a "roadside screening device" or take them to the police station.

Roadside Screening Tests >
Breathalyzer Tests at the Police Station >
Drive over 80 Penalties >
Insurance Penalties >
Fighting Drive Over 80 Charges >