While Canadians commonly use the term DUI (Driving Under the Influence), it is not officially recognized in Canadian law. The legal term for what is commonly referred to as DUI includes “impaired driving” and “driving with a blood alcohol concentration (BAC) over 80 mg per 100 ml of blood” (commonly known as “over 80” charges). Let’s go over what you need to know about these charges, their penalties, and how XPolice can help.
Understanding Impaired Driving Charges
Impaired driving includes operating a vehicle while your ability is impaired by alcohol, drugs, or both. You can face charges if your blood alcohol concentration (BAC) is 0.08 or higher or if you are in the “warn range” with a BAC between 0.05 and 0.079.
The Government of Ontario also has a zero-tolerance law for young, novice, and commercial drivers. Under this law, you cannot have any alcohol in your system if you are:
- Drivers aged 21 or under
- Holders of G1, G2, M1, or M2 licenses
- Commercial vehicle drivers
- Operators of road-building machines
Penalties
First time
- immediate roadside 90-day suspension
- 7-day vehicle impoundment
- $550 penalty
Second time
- immediate roadside 90-day suspension
- 7-day vehicle impoundment
- education and treatment program
- $550 penalty
Third time
- immediate roadside 90-day suspension
- 7-day vehicle impoundment
- education and treatment program
- Ignition Interlock condition for six months
- $550 penalty
The Legal Process
- Arrest and Charge: You are charged with impaired driving or over 80.
- Court Appearance: Enter a plea.
- Disclosure: Review the prosecution’s evidence.
- Trial: Evidence is presented, and a ruling is made.
- Sentencing: If guilty, penalties are imposed.
Importance of Hiring a Lawyer
Hiring a lawyer is crucial when facing impaired driving charges. XPolice can provide:
- Legal Expertise: In-depth knowledge of impaired driving laws.
- Evidence Review: Identifying weaknesses in the prosecution’s case.
- Representation: Strong court representation to protect your rights.
- Negotiation: Potentially reducing charges or penalties.
Over 80 Charges
An “over 80” charge refers to driving with a BAC over the legal limit of 80 mg per 100 ml of blood. These charges are treated with the same severity as other impaired driving charges and carry similar penalties. Fighting an “over 80” charge often involves challenging the accuracy of the breathalyzer test or the legality of the traffic stop.
Conclusion
Understanding DUI laws in Canada and the importance of proper legal representation is crucial if you find yourself facing an impaired driving charge. Despite the common use of the term DUI, impaired driving and over 80 charges are serious offences under Canadian law with significant consequences. Hiring a lawyer, such as the experts at XPolice, can provide you with the knowledge and support needed to navigate the legal system and fight the charges effectively. If you or someone you know is facing an impaired driving charge, contact XPolice today to ensure you have the best defenhttps://xpolice.ca/contact/ce possible.