In this article, I will explain the difference between an impaired driving charge and an over 80 charge.
Impaired driving and an over 80 are two different charges
- Two of the most common charges for drinking and driving are impaired driving and over 80.
- These are two different charges under the Criminal Code of Canada.
- Some people are charged with both an over 80 and impaired driving.
- And that usually happens when a Police Officer believes there is enough evidence to convict you on both charges.
- And in some cases, you will get charged with one offence, but after the Crown receives the evidence, they may add the other charge.
- Now, I’m going to take you through the main differences between an impaired driving charge and an over 80 charge.
Impaired driving is about the effect of alcohol
- The term ‘driving while impaired’ refers to the effects that alcohol has on your driving abilities.
- And the amount of alcohol you consume has nothing to do with this charge.
- Even if you sipped some small amount of alcohol, that might impact your ability to drive because people react differently to alcohol in their system.
- And even with a tiny amount of alcohol in your system, you may be guilty of an impaired driving charge.
Over 80 is a measurement based on science
- The lawmakers decided that if you have over 80 milligrams of alcohol per 100 millilitres of blood, you are now a real threat to public safety.
- And, that would be the case even if you believe you are “okay” to drive.
- And to determine whether you have more than 80 milligrams of alcohol in your blood, the Police will ask you to take a breathalyser test.
- And if you blow above 80, you will be subject to the over 80 charge.
You can’t be convicted on both charges
- While the Police may have charged you with both impaired driving and an over 80 charge, you cannot be convicted on both charges.
- You can, however, be convicted on other related charges, such as refusal to provide a breathalyser sample.
- This would be an additional conviction to either an over 80 or impaired driving charge.
Lastly, the penalties are the same
- Regardless of whether you’re charged with impaired driving or an over 80, the penalties are the same on conviction.
- They are both serious charges that you can’t take lightly.
What is the difference between an impaired driving charge and an over 80 charge in Ontario?
In Ontario, an impaired driving charge refers to driving a vehicle while impaired by drugs or alcohol, while an over 80 charge refers to having a blood alcohol concentration (BAC) of over 80 milligrams of alcohol in 100 milliliters of blood while driving. An impaired driving charge is considered a more serious offence and carries more severe consequences than an over 80 charge.
Can a person be charged with both impaired driving and over 80 in Ontario?
Yes, a person can be charged with both impaired driving and over 80 in Ontario. However, if the prosecution is able to prove the impaired driving charge, the over 80 charge may be dropped. It's important to consult with a qualified DUI lawyer who can help you understand the charges against you and develop a strong defence strategy.
