|Posted by Kruse Law on November 27, 2018|
The "Over 80" Rule
The “Over 80” rule means that for you to be charged with impaired driving, the police must establish that your blood alcohol content (BAC) was over 80 milligrams of alcohol in 100 ml. of blood. To show that you were driving impaired by alcohol or over the legal limit, the police will take a sample of your breath or blood to determine your BAC. To determine whether you were driving while impaired by a drug, they will take a sample of your saliva, urine or blood. Canadian law states that refusing to give a sample of same to the police is grounds for an arrest. The timing of a breath, blood, saliva or urine sample is critical and is governed by various provisions in the Criminal Code. If you or a loved have been arrested for driving under the influence of alcohol or drugs, contact a DUI lawyer to protect you from harsh sentencing.
Over 80 vs. Impaired Driving: Which Charge Applies to You?
When most people are pulled over for suspected impaired driving, they are very concerned about their blood alcohol level if they have been drinking. Almost no one thinks about what type of impaired driving charge they would receive if they are arrested.
Canadian laws on impaired driving are not all the same. If you are arrested for driving under the influence of alcohol or a drug, you may be charged with either impaired driving by alcohol or a drug or Over 80. Although you might have heard them used interchangeably, these charges are very different from one another. Even though you may be charged with both impaired driving and Over 80, you cannot be convicted of both. For example, if you are found guilty of both impaired driving and Over 80 at trial, the judge will enter a conviction for one of the charges and “stay” the other charge (a stay is similar to a withdrawal of a charge) based on the R. v. Kineapple principle.
Contact a Criminal and DUI Lawyer
At Kruse Law, our goal is to help people who were arrested and charged with impaired driving or Over 80. We guide our clients through every step of the court process and do our best to win their case or obtain the best result possible. Our lawyers are compassionate, professional, experienced and knowledgeable in DUI, Over 80 and Canadian impaired driving laws. We are committed to working hard on your case in your best interests. If you have been arrested for driving under the influence in Ontario, contact us at 1-800-699-0806 for a complimentary evaluation of your case, or send an e-mail to firstname.lastname@example.org.
|Posted under Impaired Driving Charges|
|Previous Post: Canada’s Law of Consent in Sexual Assault||Next Post: Do Checkpoints Really Reduce Drunk Driving?|