Driving Over 08 or Driving Over 80 Charge 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”.
Driving Over 08 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 Driving 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.
Defending .08 Charges
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.
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.
Driving Over 08 FAQs
- What is the difference between over 80 and .08?
- How can I defend the charges if the machine says I blew over 80?
- How do I find the best lawyer for my DUI charge?
- What is the penalty if I plead guilty or I am found guilty of a DUI?
- How will my DUI charge affect my license in Alberta?
- How can I avoid a criminal record if I am guilty of a DUI?
- Can I go to the US if I am found guilty of a DUI?
- A criminal defence lawyer’s top 5 tips for fighting an impaired driving charge