Drive Over 80 mgs Charge in Ontario - Experienced Legal Help to Fight Impaired Driving Allegations

One of the first steps we take is to carefully review the circumstances of the initial traffic stop or the request for a breath sample. Police officers are required to follow strict protocols during these stops and when making demands. If these rules were not properly followed, it may be possible to challenge the legality of the stop, the breath demand, or the arrest itself, which could potentially affect the evidence collected against you.

As Canadians, our fundamental rights are safeguarded by the Canadian Charter of Rights and Freedoms. We carefully review the circumstances of your case to determine if your Charter rights were violated—such as an unlawful stop, improper delay in accessing counsel, or denial of your right to legal counsel. Should we uncover any violations, it could lead to the exclusion of key evidence or even a dismissal of the charges.

In many impaired driving cases, Blood Alcohol Concentration (BAC) results are the Crown’s primary evidence. That is why we meticulously examine how these readings were obtained, ensuring that the Approved Instrument was properly calibrated, operated by a qualified technician, and maintained in accordance with regulations. Should there be questions regarding the reliability or admissibility of BAC evidence, we will challenge it with determination in the courtroom.

Not all cases need to go to trial. Depending on your specific situation, there might be room to negotiate with the Crown prosecutor. This can potentially result in reduced charges or alternative resolutions, such as a plea to a reduced offence or a discharge where legally available. These options can significantly reduce the consequences you face.

In some circumstances, pursuing alternative resolutions, such as treatment-based programs, may be considered, particularly in cases where alcohol dependency is a factor. While not commonly available for over 80 charges due to their criminal classification, each case is evaluated on its individual merits.

At Sadro Law, we understand that facing a criminal charge like over 80 can be overwhelming. Our experienced team is committed to providing clear advice and strong representation tailored to your situation. If you or someone you know is dealing with an over 80 charge in Ontario, contact Sadro Law to discuss your defence options and protect your rights.

In Ontario, an “Over 80” charge applies when someone operates, or has care or control of, a motor vehicle with a blood alcohol concentration (BAC) exceeding 80 milligrams of alcohol per 100 millilitres of blood. This is a criminal offence under the Criminal Code of Canada, not just a provincial infraction, and could lead to fines, licence suspension, and even imprisonment.

At Sadro Law, we can help you understand your rights and provide the necessary guidance to navigate through the legal proceedings effectively, offering experienced representation to minimize the consequences.

An over 80 charge is based on a breath or blood sample that shows your BAC is above the legal limit, while impaired driving refers to a police officer’s observations indicating that your ability to operate a vehicle is affected by alcohol, drugs, or both. Both are serious Criminal Code offences, but they are distinct legal issues. Our team at Sadro Law can explain how these charges differ and build the most effective defence for your case.

Yes, you can be charged with over 80 even if you felt sober, as the charge is based on your measured BAC, not on whether you showed visible signs of intoxication. Alcohol affects people differently, and you may be over the limit even if you feel unaffected. If you are charged, our team can assess the details, scrutinize the testing procedures, and build a strong defence.

During a roadside stop, you have the right to remain silent beyond providing identification, proof of insurance, and vehicle registration. You must comply with lawful demands, including providing a roadside breath sample if requested. If you're arrested or detained, you have the right to consult a lawyer. Our legal experts can ensure your rights are protected and provide advice tailored to your situation.

Early resolution in over 80 cases involves plea discussions with the Crown, which may lead to reduced penalties, alternative charges, or other resolutions that avoid trial. However, due to mandatory minimum sentences, options may be limited. Our team at Sadro Law has extensive experience handling such negotiations, working to secure the best outcome possible based on the strength of the case.

You should reach out to a lawyer as soon as possible after being charged with an over 80 offence. Timely legal action guarantees critical deadlines are observed, evidence remains intact, and your rights are defended from the beginning. At Sadro Law, we're ready to respond quickly and provide expert legal guidance at every step.