Driving Over 80- Get the Strongest Defence

If you are facing driving over 80 DUI charges, it is essential to get in touch with an experienced over 80 defence lawyer immediately. Do not delay contacting a credible lawyer to get a fast legal defence.

Overview

What is the Over 80 Charge Criminal Code in Toronto

The laws related to driving over 80 DUI focused on the element of operation or care and control. This can be unclear when evaluating whether there was care or control when the vehicle moved. As a result, it can often lead to concerns about Charter Rights, like privacy and the right to a fair trial. 

An over 80 DUI charge in Toronto is linked to 253 (1), which states, ‘ Everyone commits an offence who operates a motor vehicle, a boat, flies a plane, operates or helps to operate a train, whether it is in motion or not.’ 

  1.  Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood or
  2. While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug

Penalties for Driving Over 80

Individuals who are charged for driving over 80 have to face serious consequences, some of the consequences include the following:

  • Having a criminal record for life
  • Facing 90-day licence suspension or more
  • Serving jail time for repeat offenders
  • Having to install the mandatory ignition interlock device
  • Dealing with the impoundment of a vehicle
  • Paying a fine of $1000 to $2000
  • Experiencing dramatic increases in insurance premium
  • Dealing with possible job loss if the job includes driving a motor vehicle

Fighting Driving While Over 80 Charges

If you are charged with driving over 80, do not assume that you are found guilty automatically. Most people think that if they plead guilty, the matter will be resolved efficiently, but they face severe consequences. 

When you are charged with a crime, there are always ways to defend yourself and reduce the penalties. This will also go for over 80 charges. So, if you are arrested for driving while over 80, stay quiet and hire a lawyer in Toronto to help you. 

Some of the possible over 80 DUI charges include:

  • Improper, arbitrary stop
  • Improper use of breathalyzer
  • Too much time between tests
  • failure to provide full disclosure
  • Improper demand
  • Insufficient time between tests
  • Breathalyzer malfunction
  • Violation of your Charter rights

With over 80 charges, you can fight them and even get out of them or get them dropped. Therefore, if charged with driving over 80 in Toronto, contact a lawyer with experience in such matters. 

Defence for Drive Over 80 Charge

If you are driving while drinking over 80 and have signs of alcohol level in your blood, it can cause dire consequences. If you are found guilty, it can also lead you to:

  • A permanent criminal record
  • Driving prohibition for at least one year
  • Increased insurance premiums
  • Employment issues
  • Required treatment or assessment programs
  • An immigration status change

At Toronto Law Firm, we realized how important it is to fight against these kinds of cases. Since then, we have built sophisticated and custom defences for people based on the different circumstances of their cases.

Whether we challenge the initial stop, the accuracy of the testing methods, or even bring constitutional challenges to changes in the law, we will explore every option to get results.

Our lawyers have a proven record of results for clients in a wide range of driving offences, impaired driving and over 80 DUI cases. We can put that reputation behind your case.

Get free consultations.

Imperdiet posuere ligula non magna ultricies malesuada dis id

Over 80 Lawyer in Toronto

Driving with a blood alcohol level equal to or higher than 80 milligrams of alcohol in 100 millilitres of blood within two hours of driving is commonly known as “Over 80.” 

Most of the time, people get charged with this offence when their breath tests at police stations show they are over the legal limit. We have expertise in defending individuals facing “Over 80” charges in Toronto and across Canada. 

It is Vital to Hire a Lawyer

Being charged with criminal offences, such as driving over 80, is a stressful experience. From the beginning, seeking professional advice and help from a lawyer about your rights is essential. 

A lawyer can also do much more to defend you; They can:

  • Work to secure your release with the most favourable conditions.
  • Ensure that the crown meets its disclosure obligations.
  • Speak to the crown on your behalf, negotiate, and advise you of your options.
  • Gather further evidence to support your version of the events
  • Help you navigate the criminal justice system 
  • Identify systematic or administrative errors in the criminal process, including charter rights violations. 
  • Assess all the evidence against you and build a strong defence so the charges are withdrawn or you are acquitted.
  • Obtain a more lenient sentence if a guilty plea or conviction is entered. 

All criminal cases are complex and facts-specific. We have provided general information about how driving over 80 cases is handled. Hiring a lawyer will give you the best chance to defend your case successfully. 

FAQs

Frequently ask questions.

Over 80 is simply a charge which shows how much alcohol is in the person’s system while they are driving.

The over 80 DUI lawyers cost up to Top-end $15,000 or more for Mid-level, $10,000 to $15,000.

Yes, you should consult your lawyer after any DUI arrest. The legal system of Toronto is very complex when it comes to impaired driving, driving over 80, and DUI charges.