Call Today: 403-719-6410

Driving At or Over 80/.08

>>>Driving At or Over 80/.08
Driving At or Over 80/.08 2020-02-19T20:46:39+00:00

Driving at or Over 80/0.08 in Calgary

Driving Over 08 or Driving Over 80 Charge in Calgary

A Driving At or Over 80/.08 charge is related to, but different from, “impaired driving”. While one offence can be committed without the other, they are commonly charged together.

The Criminal Code of Canada makes it an offence to “operate a conveyance” with too much alcohol or drugs in your blood. Technically, a conveyance includes motor vehicles, water vessels, aircraft, and railway equipment. Practically speaking, what we are really talking about in 99% of cases is a motor vehicle. 

Having a blood alcohol level of 80 milligrams of alcohol per 100 millilitres of blood will place you “At or Over the Legal Alcohol Limit.” The specific offence this chapter refers to is found in Section 320.14(1)(b) of the Criminal Code, which reads as follows:

  • Everyone commits an offence who, subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 ml of blood

After changes made to the Criminal Code in 2018 in response to the legalization of marijuana, drivers are also prohibited from having a blood drug concentration that exceeds limits that are set by regulations. There are specific legal limits set for how much drug in the blood a person can drive with, and specific limits on how much of alcohol and drug combined someone can drive with. This section deals specifically with alcohol limits and testing. More information about “Drug Driving” can be found in other sections of this website, or by contacting our lawyers.

To test for the presence and quantity of alcohol in your blood, Parliament has made laws that permit the police to demand samples of your breath or blood. Police are authorized to demand a breath sample when they believe a person’s ability to operate a vehicle is impaired by alcohol, or the person’s alcohol level is over the legal limit. In addition, Parliament has made it an offence (in section 320.15 of the Criminal Code), to fail or refuse, without reasonable excuse, to comply with such a demand.  

Recent changes to the Criminal Code are also intended to restrict use of the “intervening drinking defence.” If you are found to have a drug or alcohol concentration exceeding the legal limit within two hours of driving, you can be found guilty of an offence. The onus will be on you to prove that you had no reasonable expectation of being breathalyzed, that your consumption occurred after driving, and that your pattern of consumption after driving is consistent with your blood-alcohol level. 

Bail Conditions for 80/.08 Charge

It is rare for the police to impose release conditions on someone charged with impaired driving. Only if this is your second, or subsequent offence in short order, would there be a need for restrictions such as not allowing you to be behind the wheel of a motor vehicle, or abstain from drugs/alcohol. 

If you have a string of recent related conviction(s), the prosecutor may have a compelling argument to convince a judge that you should be kept in custody until your charges are dealt with. Even then, our lawyers can neutralize that argument by providing the judge a release plan showing that you are not a danger to re-offend. 

The most significant condition that you will experience as a result of being charged is a provincial Alberta Administrative Licence Suspension (AALS). A law passed in Alberta automatically imposes a license suspension for anyone charged with driving at or over 80/.08. The Alberta Administrative License Suspension (AALS) lasts for 90 days, followed by a further 1 year administrative suspension for which you may participate in the Ignition Interlock Program. 

Defending 80/.08 Charges

Many people believe that blowing at or over the legal limit means the case is hopeless. However, it is important to remember that 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. They must also comply with numerous procedures, in the correct order, and in a timely fashion. Their failure to complete any one of these tasks correctly may justify an acquittal at trial, or an outright withdrawal of the charges. This is what many people refer to as “technicalities”, but it is these technicalities that can mean the difference between a criminal conviction and an acquittal.

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

Do not plead guilty simply to get your license back sooner. The provincial suspension will continue regardless of the outcome of your criminal charges. However, you can participate in the Ignition Interlock program after 90 days or you may be able to appeal your suspension to the Alberta Transportation Safety Board. This involves submitting an argument orally or in writing. The timeline for filing such an appeal is a maximum of 30 days from the date of the initial suspension. To learn more about this process, please contact us directly to determine whether your case meets the criteria for an effective appeal. Our criminal defence lawyers have considerable experience in this area and have been successful in having our clients’ licenses returned to them pending the results of their criminal charges. At your free consultation, we can 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.

Sentencing for 80/.08 Charges

The stakes are high. The penalties for this offence can have major consequences on your life, particularly in areas of employment, travel, and immigration. In addition to a period of jail of up to 10 years, there are strict minimum sentences for driving “over .08” in the Criminal Code as follows: 

  • First conviction: 
    • Readings of 80mg to 110mg of alcohol: fine of at least $1000;
    • Readings of 120mg to 150mg of alcohol: fine of at least $1500; 
    • Readings of 160mg or over of alcohol: fine of at least $2000; and
    • Minimum 1 year driving prohibition, with immediate eligibility for Ignition Interlock (blow box)
  • Second conviction: 
    • Minimum 30 day jail sentence; and
    • Minimum 2 year driving prohibition, with a three month ineligibility for Ignition Interlock (blow box)
  • Third conviction or more: 
    • Minimum 120 day jail sentence; and
    • Minimum 3 year driving prohibition, with a six month ineligibility for Ignition Interlock (blow box)

Exception to Minimum Sentence

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. Prior to the Criminal Code amendments introduced in 2018, this was known as a “curative discharge”, and allowed a person found guilty of this offence to not only avoid jail, but also a criminal record altogether. It was considered a rare exception to the mandatory jail sentences laid out above. In order to satisfy the Court that you deserved a curative discharge, you would have had to present complex medical evidence and the opinion of a healthcare specialist in a compelling, accurate, and persuasive way.

Since the 2018 amendments, a “curative discharge” is no longer available, but there nevertheless new “curative treatment” provisions which would allow the court to avoid imposing minimum jail and minimum driving prohibition sentences.  These provisions are found in s. 320.23 of the Criminal Code. The conditions are that:

  • The prosecutor consent to the delay of the sentence;
  • The delay of sentence is in the interest of justice;
  • During the delay, you would attend a treatment program approved by the province in which the offender resides; and
  • During treatment, you would be subject to a driving prohibition.

As long as you successfully complete the program, the Court is no longer bound to impose the minimum sentences.  However, this does not allow a person to avoid a criminal record.  

We can explore this option with you at your free consultation. If you wish to pursue it, we can start work immediately on creating and collecting the complex and detailed medical evidence that will be required to make the best legal argument for your candidacy.

Driving over 08 FAQs

  1. How do I find the best lawyer for my DUI charge?
  2. Can I be charged with a DUI even if I wasn’t driving or the vehicle wasn’t moving (Care or Control?)
  3. What is the penalty if I plead guilty or I am found guilty of a DUI?
  4. How will my DUI charge affect my license in Alberta?
  5. How can I avoid a criminal record if I am guilty of a DUI?
  6. Can I go to the US if I am found guilty of a DUI?
  7. Can I get charged with a DUI if I am driving while I am high on drugs?

See More

Get A Free Consultation

Receive a free consultation to discuss your case.

We value your privacy, all information is kept strictly confidential.


Jonathon Himann
Jonathon Himann
20:19 13 Jul 20
I have nothing but praise for Oykhman. Their customer service was top notch. Joseph Beller was able to phone me back... within minutes of me leaving a message on their machine. He explained the possible consequences and calmed me down mightily. The whole conversation was extremely professional, from the receptionist to the email follow up. I would have no hesitation recommending them.read more
Tianda Praud
Tianda Praud
02:53 01 Jul 20
With the assistance of Elena Ryland, my charges have been withdrawn! Elena is compassionate and incredibly... understanding. Despite being charged during a pandemic, she made the whole process so simple. I strongly encourage anyone to retain Elena and trust in her and the rest of the team at Savage Oykhman!read more
Brittany Collins-Berthelot
Brittany Collins-Berthelot
14:43 26 Jun 20
Elaine was amazing from the start, she made me feel very comfortable and trusting of her. The staff was very... professional and caring. I would highly recommend Elaine to my family and friends.read more
Brendan Mcdonald
Brendan Mcdonald
16:15 16 Jun 20
I have had Mr. Oykhman represent me twice now and on both occasions the issues were fully resolved having all charges... withdrawn. His service is second to none. I know once Mr.Oykhman is retained that everything will be resolved and in a favorable way because he will take care of the issues at hand. I highly recommend Mr.Oykhman to anyone that wants a stress free encounter and piece of mind knowing their issues will be takin care of, and in the end the outcome will be favorable. I would never think of ever hiring another lawyerread more
Chey Panda
Chey Panda
21:27 28 May 20
I highly recommend Crystal McGraw's services as she is very professional, non-judgmental & reliable. Crystal will keep... you updated every step of the way & will work hard to get you a positive outcome for your case. Thank you for all your help!read more
Conrad Taupert
Conrad Taupert
15:08 28 May 20
Elena Ryland was compassionate and empathetic. She immediately validated my emotions and calmed me down.I found her to... be extremely motivated. She got all my charges dropped. I highly recommend her.read more
classified666 .
classified666 .
19:42 27 May 20
I Had an accident right before Christmas last year an ended up getting a handful of criminal charges. Michael an his... team worked hard an got all charges dropped including an impaired. I’m thankful for his effort an would highly recommend!read more
Mark Paolo Ramos
Mark Paolo Ramos
16:23 04 May 20
After months of dealing with Crystal Mcgraw, Ryan P and Amie I have nothing but utmost respect for their... professionalism and hardwork. I was dismissed from my case and now can breathe normally as I can get my life back to normal. I would definitely recommend these folks to take care of your cases and you will be satisfied with the work that they will put into your case.read more
Kevin Murphy
Kevin Murphy
00:35 24 Apr 20
Thanks to Ryan for doing a great job, and for providing a sense of support and professionalism. My charge was stayed,... which is about the best result I could have hoped for, and better than I expected. Thanks to Crystal as well for everything she did, and for delivering me only good news, and to Amie for the communications she provided. All around very happy with everything, hopefully I never require their services again. 😉read more
Craig Stange
Craig Stange
15:35 23 Apr 20
I am going through an extremely difficult divorce and my ex made a power move by making an allegation against me that... involved the police and the start of a three month investigation. Upon the advise of a former RCMP member who is a good friend I engaged the Services of Michael to help with the investigation phase and contact by the city police. His services in dealing with the investigation and guiding me through this is beyond value. I would highly recommend his team. I am pleased to report that with his guidance the matter was dropped before charges, money well invested. If you get contacted by police your first call should be to his office.read more
Daniel Araia
Daniel Araia
00:55 22 Apr 20
If anyone is looking for professional legal lawyer I’m hardly recommending to anyone to Michael Oykhman with his... team. Trust me you will get quality service with professionalism from Michael Oykhman and all his team. Thanks to you all for your time and commitment I’m totally satisfied with all your hard work keep doing good job guys cheers.read more
David Prosser
David Prosser
14:42 08 Mar 20
After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
Haifaa Rofail
Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
jay xu
jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
R G
R G
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
Next Reviews


Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.


M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.


B.L.

VIEW ALL REVIEWS
VIEW REVIEWS ON GOOGLE

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.

Schedule a free no-obligation consultation to discuss your case.

Book A Free Consultation