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Fighting Driving Over 80 Charges: 80 mgs of Alcohol Within 100 mL of blood
Question: What are the penalties for driving over 80 in Canada?
Answer: A conviction for driving over 80 can lead to severe penalties, including fines starting at $1,000 for a first offence, possible imprisonment lasting up to ten years for serious cases, and the risk of losing your driving privileges. David Oake, Barrister (o/a MuskokaCriminal.Law™) can provide guidance on navigating these serious legal challenges and help you understand your options.
A charge of driving over 80 is commonly referred to as impaired driving, driving under the influence, driving while intoxicated, among other things; however, regardless of the specific term used, the driving over 80 charge is a serious offence and violation of the Criminal Code. A person convicted of driving over 80 may be subjected to serious penalties including jail time, a fine, and possibly loss of license to drive.
The Law
The driving over 80 offence is prescribed within the operation while impaired sections of the Criminal Code, R.S.C. 1985, c. C-46, whereas it is stated:
Impaired operation
320.14 (1) Everyone commits an offence who
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(b) 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;
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Exception — alcohol
(a) they consumed alcohol after ceasing to operate the conveyance;
(b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and
(c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.
How Much Alcohol Does Being Over 80 Take?
The amount of alcohol it takes to push up the blood alcohol level of a person to over 80 milligrams of alcohol per 100 millilitres of blood varies by individual and is especially dependent upon the weight of the person. For some people, two drinks may be enough to raise blood alcohol to the over 80 level.
Drink Defined
Per Health Canada, a “drink” refers to:
- One twelve (12) ounce glass of beer at five (5%) percent alcohol by volume;
- One five (5) ounce glass of wine at twelve (12%) percent alcohol by volume; and
- One one and a half (1.5) ounce glass of spirits at forty (40%) percent alcohol by volume.
It is important to note that every person is affected by alcohol differently and the gender and weight of a person are significant factors. The following guidelines generally apply:
- For a woman weighing under fifty-seven (57) kilograms, over 80 is reached with just two drinks;
- For a woman weighing between fifty-seven (57) kilograms and eighty (80) kilograms, over 80 is reached with three drinks;
- For a man weighing under sixty-eight (68) kilograms, over 80 is reached with three drinks; and
- For a man weighing between sixty-eight (68) kilograms and ninety-one (91) kilograms, over 80 is reached with four drinks.
Again, the guidelines should be taken as generalities only. To avoid a blood alcohol level over 80 and the risk of an impaired driving charge, refrain from driving after drinking by calling a taxi, arranging a designated driver, or other arrangements.
Potential Penalties
Upon a conviction for driving over 80, the potential penalties fall into a broad range of possibilities whereas the Criminal Code states:
Punishment
320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days.
Conclusion
A driving over 80 charge is a serious Criminal Code matter that carries a penalty of up to ten (10) years imprisonment.
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