Ines Gavran
Toronto Drug Alcohol At / Over 80 Criminal Defence Lawyer
Federal Government has given discretion to the police officers to request a breath sample from any driver they stop
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Criminal Defence Lawyer defends drug alcohol at over 80 charges – Toronto, Brampton, Mississauga, North York
Over the years, it has been shows that drinking and driving offences are the most common criminal charges within the criminal justice system. In December 2018, the Federal Government has given discretion to the police officers to request a breath sample from any driver they stop, even in absence of reasonable suspicion that the driver has been drinking. The newly passed law has increased mandatory minimum fines and set higher maximum penalties.
Criminal Defence Lawyer
Over 80
What is At or Over 80?
Operating a motor vehicle, such as a car, with a blood alcohol concentration (“BAC”) level that is at or exceeds 80 milligrams of alcohol per 100 milliliters of blood and is a criminal offence under the Criminal Code. This is one of the most common criminal offences in Canada. There are also two prohibited levels for driving while having THC, the primary psychoactive component of cannabis, in blood: 2 nanograms (ng) and 5 ng of THC per ml of blood is illegal but considered to be a less serious offence than to have 5 ng of THC or more per ml of blood. It is worth noting that there are significant consequences under the Highway Traffic Act (HTA) for driving with a BAC above .05 as well. While the popular public wisdom is that you can have one drink per hour and then drive, the truth is that your BAC level will depend on, among other things, such as your weight and speed at which your body absorbs and eliminates alcohol. Unless you already have an interlock device installed in your car or have a portable breath-testing device, there is really no certain way to know if your BAC is at or above the legal limit before you hit the road.
Punishment for At or Over 80
The consequences of just being charged (meaning before you are found guilty) with driving with excess blood alcohol are the same as those for impaired driving charge (see our “impaired driving”) and refusing to provide a sample, such as an automatic 90-day administrative driver’s license suspension, and a seven-day impoundment of your vehicle with costly towing and impounding fees at your expense. If found guilty at trial, you face a mandatory minimum fine of $1000.00, as well as a minimum 1-year driver’s license suspension followed by another year during which you can only drive in a vehicle equipped with an interlock device, which are costly to install and maintain. In the case of an accident, or if this was not your first drinking and driving offence, those penalties would increase significantly, and include the possibility of jail time.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with at or over 80, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.