Driving with a blood alcohol concentration (BAC) over .08 is a serious criminal offence, posing significant dangers to public safety and carrying severe legal consequences.
Driving Over .08: Criminal Code Definition
Driving over .08 is defined under Section 320.14(1)(b) of the Criminal Code.
320.14 (1) Everyone commits an offence who
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
Elements of Driving Over .08
To prove driving over .08, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That the accused was operating a vehicle.
- That the accused's BAC was over .08 at the time of driving.
Potential Penalties for Driving Over .08
Penalties for driving over .08 vary based on the offence history:
- First Offence: Minimum fine of $1,000.
- Second Offence: Minimum 30 days imprisonment.
- Subsequent Offences: Minimum 120 days imprisonment.
- Indictable Offence: Up to 10 years in prison.
Click here to learn more about the potential penalties for driving over .08.
Defences Available for Driving Over .08
Possible defences against charges of driving over .08 include:
- Timing of the BAC Test: Arguing the test was not conducted within two hours of driving.
- Faulty or Improperly Calibrated Testing Equipment: Demonstrating inaccuracies in the BAC measurement.
- Violation of Charter Rights: Highlighting any breaches of the accused’s rights during the investigative process.
Click here to learn more about the potential defences available for driving over .08 charges.
Speak to an Impaired Driving Lawyer Today
Navigating charges of driving over .08 requires expert legal guidance. A skilled criminal lawyer can scrutinize the evidence, challenge the accuracy of the BAC readings, and ensure your rights are protected throughout the legal process. They can develop a comprehensive defence strategy to mitigate the consequences of the charge. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
