over .08 Charge - Calgary DUI Defence Lawyer

Over .08 Charge Defence Lawyer in Calgary

The Criminal Code of Canada makes it an offence to drive a motor vehicle with too much alcohol in your blood. Specifically, an amount of alcohol in excess of 80 milligrams per 100 millilitres of blood will place you “over the legal limit”.

This charge is related to, but different from, “impaired driving”. While one offence can be committed without the other, they are commonly charged together.

Parliament has made laws that permit the police to demand samples of your breath or blood. They are authorized for breath sample demand when they believe the driver’s ability to drive is impaired by alcohol. In addition, Parliament has made it offence to fail or refuse to provide such samples.

While permitted, the police must respect your constitutional rights at every stage of the process. From the time you are pulled over, until you are released from the police station after giving breath samples. They must also comply with a number of procedures and deal with you as quickly as possible.

Bail Conditions for Over .08 Charge

A law passed in Alberta automatically suspends the license of anyone charged with driving over .08. This Alberta Administrative License Suspension (AALS) lasts until the person’s criminal charges are dealt with. Depending on which city or town your charge originate in, it can mean a delay of anywhere between 90 days and an entire year.

Do not plead guilty for this reason! You may be able to get your license back without having to plead guilty. This involves making an argument to the Alberta Transportation Safety Board, either orally or in writing.

Michael Oykhman has considerable experience appearing before this board. He has been successful in having his clients’ licenses returned to them pending the results of their criminal charges. At your free consultation, we will discuss this option with you.

It is also vital that you do not drive while suspended. Failing to obey your suspension could result in a charge that will lead to automatic license suspension for a further six months.

How to Defend Your Over .08 Charge

Even experienced police officers make mistakes when dealing with people they suspect are driving with excess alcohol in their blood. To exploit any mistakes made by the police or prosecution, you need the benefit of experienced impaired/over .08 lawyers.

The stakes are high, the penalties for this offence can have major consequences on your life. In addition to a period of jail of up to 5 years, there are strict minimum sentences for driving “over .08” in the Criminal Code as follows: 

  • First DUI conviction: fine of at least $1000; minimum 1 year driving suspension.
  • Second DUI conviction: at least 30 days in jail; minimum 2 year driving suspension.
  • Third DUI conviction: at least 120 days in jail; minimum 3 year driving suspension.
Exception

The Courts may make an exception for you if you present evidence that you are addicted to alcohol or drugs, and need medical treatment to manage that addiction. This is known as a “curative discharge”, and considered a rare exception to the mandatory jail sentences laid out above. In order to satisfy the Court that you deserve a curative discharge, you must present complex medical evidence and the opinion of a healthcare specialist in a compelling, accurate, and persuasive way.

Over .08 FAQs

  1. What is the difference between over 80 and .08?
  2. How can I defend the charges if the machine says I blew over 80?
  3. How do I find the best lawyer for my DUI charge?
  4. What is the penalty if I plead guilty or I am found guilty of a DUI?
  5. How will my DUI charge affect my license in Alberta?
  6. How can I avoid a criminal record if I am guilty of a DUI?
  7. Can I go to the US if I am found guilty of a DUI?
  8. A criminal defence lawyer’s top 5 tips for fighting an impaired driving charge

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Charges from outside of Calgary near Okotoks Michael had helped me through this time with getting both charges dropped. Michael has been very thoughtful and professional throughout the tough times. Top Lawyer in the Calgary area. Recommended to anyone facing traffic charges.

starM.C.

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After being charged with impaired driving, I retained Michael and am extremely pleased with the services he provided. He is very knowledgeable, professional and understanding. Michael kept me up to date about everything that was happening with my case. Within 3 weeks all my charges were dropped.

starK.S.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Case Results

Impaired Driving and Over .08, Charges Withdrawn

Calgary Provincial Court
Case Number: 7519721

Our client drove through a checkstop, indicated he had some drinks that evening, and was noted to have glassy mirrored eyes and a smell of alcohol on his breath. He failed the roadside breath test, blew .140 on the evidentiary instrument, and was charged with impaired driving and driving over .08.

Once we were retained, we set the matter for trial and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. Days before trial, we successfully negotiated the withdrawal of all charges.

Successful Result: No Criminal Record, Charges Withdrawn

Impaired Driving and Over .08, Charges Withdrawn

Calgary Provincial Court
Case Number: 5519791

Our client was observed accelerating at a high rate of speed through a parking lot. Upon stopping, the police observed that his speech was slurred, and he admitted drinking that day. He failed the roadside breath test, and was charged with impaired driving, driving over .08, and some traffic tickets.

Once we were retained, we set a trial date and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. We successfully negotiated a stay of proceedings on all criminal charges in exchange for a guilty plea to one of the traffic tickets.

Successful Result: No criminal Record, Charges Stayed

Impaired Driving and Over .08, Charges Withdrawn

Canmore Provincial Court
Case Number: 7620141

Our client was stopped by the RCMP after being observed driving erratically. He had an odour of alcohol on his breath, blood shot eyes, and admitted drinking beer earlier in the day. He failed the roadside breath test, provided further breath samples at the RCMP station, and was charged with impaired driving and driving over .08.

Once we were retained, we carefully reviewed the allegations and found what we believed to be a fatal flaw in the RCMP investigation. We contacted the Crown Prosecutor’s office, and successfully negotiated a withdrawal of all charges.

Successful Result:
No Criminal Record, Charges Withdrawn
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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.