"Operating While BAC Over 80"

The expression, "DUI" (Driving Under the Influence), is used by our neighbours to the south. In Canada, "Operating While BAC Over 80", as it is official known, is commonly referred to as "Over 80". If you are charged with the offence of "Over 80" in Ontario, your situation is not hopeless as many may lead you to believe. Call Song Criminal Defence and get the information and help you need to beat your charges.

Criminal Code of Canada, s. 320.14(1)(b)

"Everyone commits an offence who (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 80mg of alcohol in 100mL of blood;"

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity
2. Date and Time of Offence
3. Jurisdiction
4. Accused was operating a conveyance
5. Accused's BAC was over 80 mg of alcohol in 100mL of blood at the time i) Each sample was taken as soon as practicable after the offence was committed. ii) The first sample taken no later than two hours.

Available Dispositions on Conviction | "Punishment"

1. Criminal Record: An Impaired Driving conviction will result in a criminal record.
2. Fine: A monetary fine plus a surcharge. The amount of the fine is often based on the BAC level registered.
3. Licence Suspension: A driver's licence suspension for a period of 1 year under the Criminal Code with potential eligibility for entry into the Early Ignition Interlock Program which will reduce your licence suspension upon a plea of guilt based on the time that has passed between the date of arrest to the date on which the guilty plea is entered and a conviction registered.
4. Back on Track: A government run program which includes an intake interview, a class, and a follow-up telephone call.
5. Ignition Interlock

Negative Collateral Effects

1. An immediate 7-day vehicle impoundment: The vehicle you are operating will be immediately towed and impounded from the scene regardless of ownership for a period of 7 days.
2. An immediate administrative licence suspension: Your licence will be suspended for 90 days from the date of arrest.
3. Insurance: Significant increase in insurance premiums if your insurance company still decides to provide coverage.
4. Immigration: Potential removal and/or deportation orders issued for permanent residents and visa holders upon conviction.
5. Potential issues with travelling if one has an existing criminal record.
6. Monetary cost and difficulty associated with arranging alternative transportation while under licence suspension.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.