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This is a commonly posed question among individuals facing charges for drinking and driving offences. Though not identical, these charges of Over 80 and Impaired Driving are closely intertwined, given that they involve the same penalties and are often instituted together. A person can be deemed guilty of both, yet a conviction can be passed for only one of the charges at one time.
Although the charges may seem to be the same, they demand different methods of proof and unique defences.
Section 253(1)(a) of the Criminal Code of Canada provides the description of impaired driving. It states that everyone who commits an offence who operates a motor vehicle, vessel, aircraft, or railway equipment, whether in motion or not, if their ability to operate is impaired by alcohol or a drug.
In basic terms, the offence of impaired driving comprises operating a vehicle when your ability to do so is hindered by alcohol or drugs. With this offence, it is significant to note that it doesn't necessarily involve alcohol and an individual may be charged with impaired driving if their ability to drive is affected by drugs as well.
It's also important to understand that this offence prioritizes the effect of alcohol or other substances on your capacity to drive over the quantity you have consumed. To prove this charge, the Crown needs evidence to show that your driving ability was indeed impaired. This is often confirmed through observations made by witnesses focusing on the driving, balance, speech, and other signs of impairment.
Section 253(1)(b) of the Criminal Code of Canada illustrates the offence of over 80. It clarifies that everyone who operates a motor vehicle, vessel, aircraft, or railway equipment, whether in motion or not, commits an offence if they have consumed alcohol in such an amount that the concentration of alcohol in their blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
In simpler terms, over 80 means operating a vehicle with a blood alcohol content exceeding the legal limit in Canada, which is 80 milligrams of alcohol in 100 millilitres of blood. This offence is strictly related to alcohol consumption and doesn't concern impairment in contrast to the offence of impaired driving.
The concentration of alcohol in the blood is evaluated through breath tests, or in certain cases, through blood tests. To substantiate this charge, the Crown needs to demonstrate that the concentration of alcohol in your blood exceeded the legal limit at the time of driving.
It's crucial to understand that if you are charged with results above the legal limit, your case is not concluded there. There are methods to challenge the admittance of the results as evidence against you, as per the Criminal Code of Canada or the Canadian Charter of Rights and Freedoms.
Drinking and driving offences like impaired driving and over 80 are intricate and technical. Hence, it's important to have representation by an experienced impaired driving lawyer if you aim to contest them. If facing any criminal offence charges, you can consult Kostman and Pyzer, Barristers, for a free consultation.
Impaired driving and driving over 80 are separate but serious offences under the Criminal Code of Canada, both carrying significant penalties such as fines, license suspensions, and potential jail time. Impaired driving is based on officer observations, while an Over 80 charge relies on breathalyser or blood test results.
If you're facing drinking and driving charges, our criminal law firm in Toronto can review your case, challenge the evidence, and explore possible defences. Contact us today for a confidential consultation.
