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Over 80mg DUI Charge Lawyers Greater Toronto Area (GTA)
If you were charged with over 80mg DUI in the Greater Toronto Area, contact a GTA criminal defence lawyer immediately.
Defending You Against the Over 80mg DUI Charge in the GTA
The offence of “over 80mg” is an impaired driving charge under the Criminal Code of Canada. The DUI charge refers to the operation of a motor vehicle with a blood alcohol concentration (BAC) level at or over 80mg milligrams (mg) per every 100 milliliters (mL) of blood.
If the Crown has evidence to prove that your BAC level exceeded the legal limit under the federal law, you will be convicted of over 80mg DUI. Penalties for this charge may include imprisonment, significant fines, and the loss of driving privileges.
Any DUI conviction can negatively impact your reputation, career, employment, and other aspects of your life. For this reason, you need a criminal defence lawyer in the Greater Toronto Area (GTA) to advise you on your best course of action and defend you against the over 80mg DUI charges.
What is the over 80mg DUI charge?
Under Section 320.14 of the Criminal Code of Canada, having a BAC level of over 80 milligrams of alcohol per 100 mL of blood will lead to the over 80mg DUI charge.
Canadian law allows police officers to demand samples of a driver’s blood or breath when they have a reasonable suspicion that the driver’s ability to operate a conveyance (a motor vehicle) is impaired by alcohol or drugs.
Law enforcement can demand samples of breath or blood to detect the presence and quantity of alcohol in your system. If you refuse to provide a sample upon the officer’s request, you can be charged with “failure or refusal to comply with demand” pursuant to Section 320.15 of the Criminal Code.
What are the defences to over 80mg charges?
It’s advised to consult with a GTA criminal lawyer to determine the best defence strategy in your particular situation. There are various defences to impaired driving and over 80mg DUI charges:
- 1. The test was conducted outside two hours
- 2. The results of the breath or blood test are unreliable or inaccurate
- 3. You were not operating a motor vehicle prior to the arrest
- 4. The police lacked reasonable and probable grounds to pull you over or arrest you
- 5. There are technical issues with the breath test machine or another testing device
What are the penalties for the over 80mg charge?
Penalties for the over 80mg DUI charge depend on the number of previous offences on your record, the amount of alcohol found in your blood, and other factors. Penalties include:
- A fine of between $1,000.00 and $2,000.00
- From 30 to 120 days in jail
- A mandatory Ignition Interlock Device (IID)
- Driving prohibition from a year to a lifetime.
Penalties associated with DUI charges can have harsh consequences. You need a skilled criminal lawyer to defend you against the over 80mg DUI charge. Contact our Greater Toronto Area DUI defence lawyers at Lawyers From The Six to discuss defences in your particular case.
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