“Over 80” and “Driving with Excess Blood Alcohol” are the same thing. Specifically, they are a criminal charge, and refer to an accused person who has operated a motor vehicle with more than 80 milligrams of alcohol in their blood. We often hear people say, “I wasn’t drunk. How could they charge me with Driving with Excess Blood Alcohol?”Being charged with a single count of “Driving with Excess Blood Alcohol” does not mean that a person was impaired or drunk. Rather, it simply means that they drove with more than the permissible amount of alcohol in their system. A person can look and feel perfectly sober, yet still blow over the legal limit.
How do I know if I’m being investigated for “Over 80”?
The investigation starts with an individual being stopped. An individual may be stopped as a result of a RIDE program or an investigation relating to a Highway Traffic Act (H.T.A.). If the officer suspects that the driver is operating a motor vehicle with alcohol in their body, they will demand that the driver provide a sample of their breath into an “Approved Screening Device” at the roadside. In this circumstance, the police do not necessarily believe that the driver is “impaired”, rather they have a suspicion that the driver has consumed alcohol and is operating a motor vehicle. If the driver fails the approved screening device, then the officer has grounds to arrest the driver and take them back to the station to provide further samples of their breath into a breathalyzer. Once at the station, the arrested party will be required to provide two samples of their breath into a breathalyzer. If both of these samples of the accused’s blood alcohol concentration (B.A.C.) are over 80 milligrams of alcohol per 100 millilitres of blood, then the individual will be charged with “Driving with Excess Blood Alcohol/Over 80”
How many drinks do I have to have to be “over 80”
Often, we are asked, “How many drinks does it take to be over the legal limit?” Our answer is the same every time: it depends. “Blood Alcohol Concentration” (BAC) depends on a number of factors such as gender, height, weight, race etc. There are a number of apps and charts on the internet that allow users to input the number, volume and type of drinks consumed over a certain period of time, in order to calculate “projected” B.A.C. However, one should be cautious, as these methods of calculation are not always accurat
It is not that difficult for some people to attain a B.A.C. in excess of the legal limit. A “standard drink” which you purchase at a bar has 13.5 milligrams of alcohol. In other words, 12 ounces (341 ml) of beer or cider with 5 per cent alcohol, 5 ounces (140 ml) of wine with 12 per cent alcohol or 1.5 ounces (43 ml) of liquor (such vodka, gin, or whiskey) with 40 per cent alcohol, all contain 13.5 milligrams of alcohol. Things like drinking a lot of water, having a coffee, eating, or “walking it off” do not decrease your B.A.C. Decreasing your B.A.C. simply takes time.
At Passi & Patel, our professional criminal lawyers in Mississauga, Milton, and Brampton understand legal issues can be stressful. Please call us at 905-459-0004 or e-mail us at firstname.lastname@example.org to schedule a free consultation.