Over 80 in Ontario

"Operating While BAC Over 80"

In the U.S., you often hear the term "DUI" (Driving Under the Influence), but in Canada, we use the term “Operating While BAC Over 80," or more commonly, "Over 80." If you've been charged with an Over 80 offence in Ontario, it's important to know that your situation is not as dire as it may seem. At Song Criminal Defence, we are here to provide you with the advice and legal representation needed to fight your charges.

What the Crown Must Prove Beyond a Reasonable Doubt:

• Identity: Proof that you were the individual operating the vehicle.

• Date and Time: The offence must have occurred at the specified time.

• Jurisdiction: The offence must fall under Ontario's legal jurisdiction.

• Operation of a Conveyance: Proof that you were driving or in control of a vehicle.

• BAC Over 80: Your BAC was over 80 mg of alcohol per 100 mL of blood at the time of the test.

• The test samples must be taken as soon as possible after the offence.

• The first test must be taken within two hours of the offence.

Consequences of a Conviction

1. Criminal Record: A conviction for Over 80 will result in a criminal record.

2. Fine: A monetary fine, plus a surcharge, often dependent on the level of your BAC.

3. Licence Suspension: A 1-year suspension under the Criminal Code. You may be eligible for the Early Ignition Interlock Program, which can reduce the suspension period depending on when you plead guilty.

4. Back on Track Program: A government program involving an intake interview, educational classes, and a follow-up session.

5. Ignition Interlock: A device installed in your vehicle to prevent impaired driving by requiring you to pass a breath test before starting the car.

Other Potential Consequences:

• Immediate 7-day Vehicle Impoundment: Regardless of ownership, the vehicle will be towed and impounded for 7 days.

• 90-day Licence Suspension: An immediate administrative licence suspension following your arrest.

• Increased Insurance Premiums: Your insurance rates will likely increase, if your insurance provider continues coverage.

• Immigration Concerns: Permanent residents or visa holders could face deportation or removal orders upon conviction.

• Travel Restrictions: A criminal record may cause complications when traveling abroad.

• Transportation Costs: Arranging alternative transportation during your suspension can be both costly and inconvenient.

Take Control of Your Case

We understand that every situation is unique, and the consequences of an Over 80 conviction can significantly impact your life. It's crucial to get proper legal advice to understand your case and develop a defense strategy. Contact us at Song Criminal Defence for a free consultation, and let us help you navigate the legal process and fight for the best possible outcome.