Over 80 or Over .08 means having more than 80 milligrams of alcohol in 100 milliliters of blood. Over 80 charges are the most common drinking and driving allegations. Canadian law states that it is an offence to operate a motor vehicle with an alcohol level that exceeds 80 milligrams of alcohol per 100 milliliters of blood. The prosecution will have to prove that at the time you were driving, your blood alcohol level was over the legal limit.
A person may be convicted of driving Over 80 or “Over .08” even if he or she appears sober if the blood alcohol level is over the legal limit of 80 milligrams of alcohol/100millilitires of blood. A breath test is usually used as evidence of the blood alcohol level in a person, however, the prosecution MUST prove the case beyond a reasonable doubt.
There are many defences that can be used to help win your Over 80 case. The reason we have such a high success rate in winning Over 80 charges is due to the large number of defences that can be used as a part of our arsenal.
Listed below are just a few of the possible defences we can use:
- We can challenge the results of the breath/blood test also known as “Evidence to the contrary”.
The results of the breath test are not always correct and defiantly may not be 100% accurate:
The officer performing the breathalyzer or blood test may not have followed proper procedures/guidelines and made an error while performing the test.
The machine itself may not have been functioning properly or may not have been maintained correctly, producing false or incorrect results.
The amount of alcohol in your blood may NOT have been over the limit while you were driving the vehicle. For example, were you arrested at home because someone called your license plate in? You may have consumed more alcohol when you arrived home AFTER driving the vehicle.
Your blood alcohol reading may be have been over 80 at the time you took the test, however, it may have been under the limit at the time you were driving. This is known as the “last drink” defence.
Evidence to the contrary: Did you know that we can use breathalyzer technicians and toxicologists expertise to help with your defence. A breathalyzer machine is not 100% accurate at all times. In fact, some officers may not have operated the machine properly at the time of testing or may have made errors. Therefore, our lawyers are able to challenge the crown using these defences. Even with the new Bill C-2 that made it more difficult to use these defences, an experienced criminal lawyer should still be fully capable of making arguments pursuant to the amendment.
Reasonable and probable grounds for the breath/blood test: In addition to this all police officers must have reasonable and ably grounds to make a lawful arrest for an Over 80 charge. The police officer must respect the responsibilities placed on them by the Charter of Rights, which protects all citizens from unreasonable search and seizure. The police officer that charged you with the Over 80 will likely have to testify and give the reason WHY you were brought to the officer’s attention. The officer is also required to give the reasons why he/she demanded the test of your blood alcohol content. If these prerequisites are not proven in court, breath samples in excess of .80 milligrams of alcohol per 100 milliliters of blood will likely be excluded as evidence against you. In addition to this, the officer must take the readings within a specific timeframe otherwise the breath or blood samples will likely not be used.
Criminal Code Procedures: Police officers are required to follow a very strict set of procedures in the criminal code when demanding the breath/blood sample. For example, were you given the right to speak to a lawyer BEFORE providing the breath samples into the breathalyzer. If you have been pulled over by an officer and asked to give a breath sample on the roadside, he/she must abide by a set of rules requiring the demand to be “forwith”. In addition to this, if there are two officers testifying, both of their stories must match up. If there are sufficient discrepancies, the case may result in a not guilty finding.
The reason why it is so important to hire an experienced criminal lawyer that specializes in Over 80 and Impaired driving charges is due to the fact that these types of defences will be used as arsenal that can ultimately win the Over 80 charge. The reason we have been able to win a large majority of Over 80 cases is because we know how to properly use these defences and do detailed examinations of the procedures and methods used by the police office when charging you with Over 80.
Call 1 866 WE WIN 01 For Your Free Over 80 Consultation Today!