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Over 80 charge in Ontario - How long does alcohol stay in your system?

Over 80 charge in Ontario – How long does alcohol stay in your system?

  • Many clients charged with Over 80 tell us they don’t believe they had excessive alcohol in their system, which would lead to their DUI charge.
  • So that leads to the question, how long does alcohol stay in your system?
  • Alcohol stays in your system for hours, but the exact time depends on several factors.
  • Let me take you through some of them.

First.  Age 

  • Generally, the older a person is, the longer alcohol will stay in their system.  
  • And, as people age, the amount of water they have in their system goes down, which can contribute to higher BAC readings.
  • Many older people also take medications that impact their liver and may slow down alcohol processing.

Second.  Biological Sex

  • Physiologically, women metabolize alcohol differently from men.
  • Generally, alcohol stays in a woman’s system longer than a man’s.
  • So, if you have a woman and a man of the same height and weight, the man will dilute their alcohol more quickly than the woman.

Third.  Food

  • The absorption rate of alcohol is impacted by the amount of food in your stomach.  
  • Food helps dilute alcohol.
  • So, if you compare two people of the same sex, height, and weight who consume the same amount of alcohol, the person who drinks alcohol on an empty stomach will have significantly higher BAC readings than the person with a full stomach.

Fourth.  Medications

  • Certain medications interact with alcohol in a way that would change the way the body processes alcohol.
  • The result could be higher BAC levels compared to people who don’t take those medications.
  • Examples of these medications include anti-anxiety drugs, ADHD meds, cough and cold medicines and diabetes medications.

Fifth.  Body size

  • Alcohol processing is also affected by a person’s body size and composition.
  • A person with more body fat usually has a higher blood alcohol concentration as they cannot absorb alcohol as efficiently as someone with more muscle tissue.
  • To fight any Over 80 charge in Ontario, it’s important to understand these alcohol processing factors.  
  • Good DUI lawyers will use factors to find weaknesses in the breath machine results, which may help you beat your Over 80 charge.
What is an Over 80 Charge in Ontario?

An Over 80 charge in Ontario refers to the criminal offence of operating a motor vehicle with a blood alcohol concentration (BAC) level over 0.08%. This charge is taken very seriously by law enforcement and can result in severe consequences, including fines, license suspension, and jail time.

How long does alcohol stay in your system?

The amount of time alcohol stays in your system can vary depending on several factors, such as your body weight, metabolism, and the amount of alcohol consumed. On average, it takes about one hour for the body to metabolize one standard drink. However, it can take up to 12 hours for the alcohol to completely leave your system.

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.