Criminal Law
BAC Over 80
Criminal Law
BAC Over 80
Under Canadian law, driving under the influence of alcohol is considered a serious offence, which could result in imprisonment for up to 10 years in some cases. If you put the lives of pedestrians or other passengers in danger in the process, this could attract an even longer jail term. This is why you need to get in touch with our experienced criminal lawyers right away upon being charged with such serious criminal charges. At Nanda and Associate Lawyers, our criminal defence team has a stellar record of helping numerous clients clear their names of such charges. Reach out to our legal team today if you need any legal assistance in your case.
What constitutes the charge of BAC over 80?
BAC over 80 refers to the limit of alcohol in your body. You could be charged with this offence if you have a blood alcohol level of 0.08% or above while driving. This offence falls under the same category of impaired driving charges in the Criminal Code. 0.08% translates to 80 mg of alcohol per 100 ml of blood taken within 2 hours of your driving.
It is important to note here that, unlike the impaired driving offence, the BAC over 80 charges will be brought against anyone with an alcohol level above 0.08, even if there was no issue with their driving. The officer has the right to stop anyone at random to check their blood alcohol level, even when they were driving properly.
Refusal to cooperate in taking a blood test or a breathalyzer test:
Any refusal to cooperate with the authorities for drawing blood or taking a breathalyzer test will also be charged as a criminal offence, and the driver will be charged accordingly.
What are the legal penalties for the offence of BAC over 80?
The penalties and sentences will start becoming severe on subsequent and repeated offences. While the particular circumstances will decide the final penalties and sentence in each case if convicted, most BAC over 80 driving offences will attract the following penalties under the law.
First-time offence:
- Fine: starting from $1000. Depending on the alcohol content in the blood, this can go up to $2000. Plus, court fees and victim fine charges.
- License suspension: Minimum 1 year.
- Imprisonment for serious offences: up to 10 years.
- Criminal record.
- Mandatory participation in an education program.
- Mandatory installation of an ignition interlock device in the vehicle for a minimum of 1 year. This device screens your breath for alcohol content and, if detected, prevents the engine from starting.
Second offence:
- Fine: starting from $1000. Plus, court fees and victim fine charges.
- License suspension: Minimum 3 years.
- Mandatory minimum sentence: 30 days. This will be 120 days if the blood alcohol level is above 0.16.
- Imprisonment for serious offences: up to 10 years.
- Criminal record.
- Mandatory participation in an education program.
- Mandatory installation of an ignition interlock device in the vehicle for a minimum of 3 years.
If the second offence happened within 5 years of the first one, harsher penalties may be imposed for public safety.
Third offence:
- Fine: starting from $1000. Plus, court fees and victim fine charges.
- License suspension: Lifetime suspension, which may be reduced to 10 years in less severe cases. An automatic lifetime suspension if the accident caused the death of someone.
- Mandatory minimum sentence: 120 days.
- Imprisonment for serious offences: up to 10 years.
- Criminal record.
- Mandatory participation in an education program.
- Mandatory installation of an ignition interlock device in the vehicle for a minimum of 6 years.
- Probation order requiring participation in a treatment program.
- Mandatory medical assessment to confirm your eligibility to drive.
A fourth offence of impaired driving automatically results in a permanent lifetime suspension of a driving license.
How can our criminal defence lawyer help you?
Depending on the nature of the offence and the number of your prior impaired driving convictions, you could be facing a jail term of up to 10 years in some cases. This is why you need to engage the services of an experienced criminal defence lawyer from the very beginning.
Contesting the accuracy of the test
If you were sure that the test results were inaccurate, you have the right to contest the accuracy of the test through your lawyer in court. This might happen if there was an issue with the device or if some medication you were on interfered with the test.
Protecting your rights
You are entitled to your Charter Rights regardless of the seriousness of your crime. If there was any violation of your rights during the legal proceedings, your lawyer will contest the evidence collected in such a manner in court.
Securing your bail
At the bail hearing, your lawyer will fight on your behalf to secure your bail on favourable terms.
Negotiating on your behalf with the Crown
With your authorization, your lawyer will negotiate with the prosecution for a reduced sentence in return for a guilty plea. Depending on the circumstances of the case, your lawyer might be able to secure a favourable outcome for you and avoid the expensive and unpredictable trial in the process.
Legal representation
If the case reaches the court, your lawyer will represent you there and present your side of the argument. They will continue to fight on your behalf, if necessary, in the appeals process in the higher courts.
We can Help
If you have been charged with a BAC over 80 or any other driving-related offences, do not hesitate to reach out to our criminal defence lawyers for legal counsel and guidance. Connect with our team today to schedule your consultation.
Frequently Asked Questions
Can I challenge the BAC over 80 result from the breathalyzer test?
While it is rare, it is possible for the breathalyzer test to malfunction and provide a faulty result indicating a higher alcohol level. If you are sure that the results were not accurate, you have the right to challenge the accuracy of the device used for testing. Your criminal defence lawyer will help you with mounting your legal challenge against the accuracy of the test. They will check if the device was properly maintained, regularly serviced, and calibrated.
What is the difference between impaired driving and BAC over 80 charges?
When your motor skills are so impaired under the influence of alcohol, affecting your driving, this will lead to an impaired driving offence. In such cases, there will often be other symptoms accompanying the erratic driving, such as slurred speech or unsteady movement. On the other hand, in a BAC over 80 charge, there need not be any indication of impaired driving or any other effects of alcohol on the motor skills of the driver. If the breathalyzer or blood alcohol test confirms the level to be above 80 mg of alcohol in 100 ml of blood, you will be charged with the offence.
Is it possible for me to consult my lawyer before agreeing to do the breathalyzer test?
No. This might have been the case before 2018. The laws have been updated, and you no longer have the right to delay the breathalyzer test for this reason. You must first comply with the test, and then you may call your lawyer for legal advice.
Why was I subjected to mandatory screening for alcohol?
It is perfectly legal for law enforcement officials to ask any vehicle to stop and then subject the driver to a breathalyzer or blood alcohol test. You may be driving properly in the lane, obeying all the traffic rules. However, you could still be charged if your blood alcohol level is found to be above 80.
What is an ignition interlock device?
An ignition interlock device is essentially a breathalyzer test device connected to your car’s ignition system. You will be required to provide a breath sample to the device and confirm that your blood alcohol level is within the permissible limit before you will be allowed to start the vehicle. This will be one of the conditions of your impaired driving or BAC over 80 sentence.
Is it possible to avoid the charges by refusing to take the breathalyzer or blood test?
You are expected to cooperate with the officials and promptly provide the breath or blood sample required for the test. Your refusal to cooperate in this manner will automatically result in the same legal penalties as in an impaired driving offence.
What is the principle of ‘care or control’ in a BAC over 80 case?
Even when you are not driving the vehicle, if you are seated behind the steering wheel of a parked vehicle, you might still be charged with the offence of BAC over 80. This is a very technical aspect of the law, which aims to prevent an impaired driver from getting behind the wheel. In other words, while not driving, if you are seated behind the wheel with keys in your hands, you could still be charged with impaired driving.
Will a BAC over 80 conviction affect my insurance premiums?
If convicted, this will have a negative impact on your insurance premiums from the next year onwards. A BAC over 80 conviction will be treated as an additional risk factor by most insurance providers, driving up your insurance premiums.
Can a police officer demand a breath sample for a blood alcohol test from me after I reach home?
No. The law allows law enforcement officials to stop a vehicle and subject the driver to a breathalyzer test. It also allows them to conduct such a test in a ‘care or control’ situation where the driver is seated behind a parked vehicle with the keys in hand. However, this authority does not extend to subjecting the driver to such a test once they have reached their destination.
How accurate is a breathalyzer test?
In general, breathalyzer tests will give you fairly accurate results if the device is maintained, serviced, and calibrated properly. However, there have been cases where the driver’s recent intake of medication or their recent use of mouthwash triggered inaccurate results. If you are convinced about the inaccuracy of the test, you may contest it in court through your lawyer.
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