In Ontario, people who drive under the influence of alcohol are often charged with both impaired driving and “Over 80.” Over 80 refers to driving with more than 80 milligrams of alcohol in 100 millilitres of blood. A conviction for any drunk driving charge can come with significant penalties, including fines and a permanent criminal record for a first offence.
At the law firm of Engel & Associates, our lawyers have more than 20 years of combined experience in criminal defence, including defence for charges of Over 80 and other drunk driving offences. We will listen to your side of the story and work to reduce or dismiss the penalties that you are facing.
Unlike the charge of impaired driving, the offence of “Over 80” does not require proof of impairment of any kind. Instead, it requires proof that the driver had a concentration of alcohol in his or her blood stream that was higher than the legal limit.
Typically, the alcohol concentration is determined by using breath tests through Breathalyzer machines. This concentration can also be determined by using a blood or urine test. The refusal to take a breath test, either on the roadside or at the police station, comes with its own penalties, including license suspension and insurance consequences.
Our lawyers will look at all elements of the stop and arrest process to determine if police officers acted properly and that any tests were taken according to the law. If your rights were infringed upon, it may be possible to have the results of those tests dismissed.