Understanding the Over 80 Rule and Impaired Driving in Toronto
The Meaning of Over 80
Most motorists stopped for driving over 80 have no idea what they did wrong or violated. They may believe they cannot be arrested for this crime because they do not appear intoxicated. The definition of driving above 80 for drivers can be found below.
Driving over 80 is defined as consuming alcohol while operating a motor vehicle and having a blood-alcohol value of over 80 mg/100 ml of blood after a breathalyzer test.
That someone was driving while intoxicated, drunk, or otherwise impaired does not necessarily mean they were driving over the legal limit. To be prosecuted for driving over 80 milligrams of alcohol, the defendant must have a blood alcohol level higher than the legal limit. Contact a DUI lawyer in Toronto for help with building a solid defence to have your charges dismissed.
Reliance on Impaired Judgment
Since alcohol impacts your judgment, you are prone to making bad choices after drinking. Because of this, it is good to estimate how much alcohol you can consume before turning 80 using the abovementioned rules.
Just because you are accustomed to drinking alcohol does not mean you have a higher tolerance. After numerous drinks, your blood alcohol content changes even though you do not feel intoxicated. This implies that even if you do not think you were drunk, you could still face impaired driving charges.
How Law Enforcement Determines if You Drove Over 80
Police officers must first bring a suspect into the police station for testing before deciding whether to file over 80 charges. Two breathalyzer samples will be taken from you every 15 minutes from the other. In this case, although alcohol does leave your system slowly, time becomes an issue. In other words, your chances of being found guilty of driving over the limit are lower if you were cautious and took your time behind the wheel.
Theoretically, you have the option to decline to give a breath sample. This has its adverse effects, though. You may be charged with refusing to cooperate if you refuse to submit to a breathalyzer test or if a police officer decides that you are attempting to alter the results by not blowing hard enough to provide an adequate sample. If you already have a record, this could result in fines and more severe repercussions.
Steps to Take After Being Charged with an Over 80 Charge
You should contact or meet with a top criminal attorney in Toronto as soon as possible after your traffic encounter. Remember to include strange encounters with the arresting officer and what transpired after you were taken into custody before meeting with your attorney.
To ensure that your memories are still fresh, you should record this as soon as the event occurs. Your attorney will contrast this statement with the arresting officer’s report, looking into any discrepancies and possibly asking you some clarifying questions that will aid your case.
Contact a qualified DUI attorney as soon as you face arrest for driving over 80 for a favourable case outcome.