Drive over 80 mgs

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

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.

Upon conviction of any of these charges a criminal conviction (criminal record) is registered and the accused is considered a criminal under Canadian Law. A criminal is subject to having their fingerprints and photograph taken and recorded for life with the RCMP and the Canadian Police Information Center (CPIC).

A first conviction for a driving over 80 offence will result in a minimum fine of six hundred dollars and a mandatory licence suspension.  For a second conviction there is a mandatory fourteen days in jail.

After obtaining a reading of over 80mgs of alcohol per 100ml of blood on a breathalyzer the accused’s drivers licence will be suspended by the police for an immediate ninety days under the “Administrative Drivers Licence Suspension” (ADLS) program.

The accused is suspended from driving a motor vehicle anywhere in Canada, at any time under any conditions. There is no conditional licence, the accused can not drive to work to home, or for even for an emergency purpose.

This suspension includes operating anything that is “drawn, propelled or driven by any means other than by muscular power”. Cars, Trucks, Motorcycles, Farm Tractors and machinery, factory equipment and snowmobiles, even if the accused worked in a factory they are prohibited from driving any motorized machine with wheels.

There is no appeal or recourse for this suspension except where a person has been impersonated or was physically unable to give a breath sample due to a medical reason.

After the ninety days have past and while awaiting trial the accused may apply to have their drivers licence reinstated and may drive until the trial date, if they have plead not guilty.

If the accused is found guilty of a drinking and driving offence they will have to undergo an intensive driver’s licence reinstatement process from the Ministry of Transportation, at a cost of approx two thousand dollars.

Convicted drinking drivers are required by law to have an Ignition Interlock System installed at their cost in the vehicle they wish to drive. The Ignition Interlock System is a alcohol breath testing device that the driver must blow into to start the vehicle, and to provide periodic breath samples while in operation.

Insurance Implications

Drinking drivers are considered “HIGH RISK” drivers.  Drivers who are convicted of a drinking and driving offence will find that their insurance rates will go into “Facility Rating”. Facility Rated insurance means high risk insurance premiums of over ten thousand (10,000) dollars per year for at least five years!

If the incident involves a motor vehicle accident insurance companies will refuse to pay for any of the damages to the accused’s motor vehicle.


Preparing for your Court Case

In preparing for any court case there is more to prove that just what actually happened in your case. The following are issues that must be considered by the Judge before any conviction can be entered.

  • Section 11(d) of the Charter of Rights and Freedoms guarantees you are presumed innocent until proven guilty according to law in a fair and public hearing.
  • The crown bears the onus to prove all elements of the offence(s) beyond a reasonable doubt.
  • The defense do not have such onus for a criminal conviction

Make notes
  • While your memory is still fresh, note the amount of alcohol you consumed if any, when, where, and with whom.
  • Note what happened at roadside and while in police custody.
  • Mark your notes "Confidential - for my lawyer only" to ensure solicitor-client privilege.
Secure evidence.
  • Get witness names and addresses for subpoenas.
  • Acquire receipts, cell phone bills, bank machine records, so you can prove how much alcohol you consumed if any.
  • For example, if you consumed alcohol at a bar or restaurant, and you drank from a glass, it is helpful to purchase the same size glass from the establishment.

Act now

  • Valuable evidence to your case - such as the breathalyzer videotape taken at the police station - is destroyed sometimes after a certain period of time according to local police policy. It is essential to make appropriate police "disclosure" requests fast.
  • Its important to immediately contact and retain a Criminal Lawyer, so that important first steps can be made to ensure a proper defense.
  • Your memory and credibility are almost always issues at trial, make notes as soon as possible.
  • It is vital that you are thoroughly interviewed by a lawyer as soon as possible to uncover all relevant details of the case. Remember, it is what you do with your notes, witnesses, and evidence that is important.