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DUI - How many drinks can you have and legally drive

DUI – How many drinks can you have and legally drive?

  • How many drinks can you have and legally drive?
  • We see a lot of cases where people get charged with a DUI who claim they only had 1 or 2 drinks.
  • And they don’t believe they were over the 80-milligram blood alcohol threshold that resulted in their DUI charge.
  • That raises a really good question which is, how many drinks can you have before you would get charged with a DUI?
  • Because every person processes alcohol differently, there are no hard rules about how many drinks you can have before crossing the 80 mg blood alcohol threshold.
  • How your body processes alcohol depends on 3 factors.

First, is the height and weight of your body.

  • Generally, there is more blood in a larger body.
  • As a result, the more blood your body has, the less concentrated the alcohol is, resulting in a lower blood alcohol content.

Second, is the amount of alcohol you drink.

  • There is some confusion about what a “drink” means.
  • Any drink with alcohol, such as beer, whisky, wine, or vodka coolers, will add to your blood alcohol readings.
  • But the number of drinks is only part of the equation.
  • What matters is the number of drinks you consumed multiplied by the percentage of alcohol in those drinks.
  • So one drink with a very high alcohol content may produce a higher blood alcohol reading than a few drinks with a low percentage of alcohol in those drinks.

Third, is the timeframe.

  • Your liver breaks down the alcohol you consume.
  • Generally, the longer you wait after consuming alcohol, the lower your readings will be because your liver is working to break down that alcohol.
  • But, everyone’s liver will break down alcohol at different rates.
  • There are some people whose livers break down alcohol more quickly than others.

You can get a DUI even if you blow below 80

  • Finally, even if your readings are below 80, you can still be changed with a DUI if you show signs of physical impairment due to alcohol or drugs.
  • Some examples of physical impairment are incoherent speech, the smell of alcohol, bloodshot eyes, not being steady on your feet or lack of coordination.
  • These impairments would result in you getting a DUI charge, called “Impaired Driving” even if you blow below 80.
How many drinks can you have and legally drive in Ontario?

In Ontario, there is a legal limit for the amount of alcohol that can be present in your blood while you are operating a vehicle. The limit is 80 milligrams of alcohol in 100 milliliters of blood, which is equivalent to about two drinks within a two-hour period. However, it's important to keep in mind that everyone is different and factors such as weight, age, and overall health can affect how much alcohol you can safely consume and still legally drive.

What happens if you exceed the legal limit for alcohol in your blood while driving?

If you exceed the legal limit for alcohol in your blood while driving, you can face serious consequences, including fines, jail time, and a criminal record. In addition, you may also face a suspension of your driver's license, increased insurance rates, and difficulty finding employment or housing. It's always best to err on the side of caution and not drink and drive.

The Ontario DUI Arrest Test

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

Do You Want to Keep Driving?
Dan Joffe, lawyer, partner Nextlaw Ontario

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

Do you want to avoid a DUI Charge?

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

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About Dan Joffe, Partner

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

The Ontario DUI Arrest Test™

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.