Over 80 | Over 0.08 | Blowing over | Breath samples
Are You Seeking Impaired Driving Or Dui Attorneys In Edmonton?
Operating a motor vehicle with a blood alcohol concentration in excess of 80 milligrams of alcohol in 100 milliliters of blood is a charge under s. 253(1)(b) of the Criminal Code of Canada. This charge is commonly referred to as “blowing over” or blowing “over 80”. This offence is usually charged alongside an Impaired Driving charge (or a DUI). This charge relates specifically to the blood alcohol concentration of the individual at the time he was driving. In order to be convicted of driving while “over 80”, the Crown Prosecutor will have to prove that the police officer or peace officer complied with all of the prerequisites for obtaining a valid breath sample, as well as all of the prerequisites for introducing that breath sample evidence in court as proof of the offence. This is a complicated area of the law and there are a variety of ways that the prosecution may not be able to prove their case.
If you have been charged with Over 80 / Over 0.08 / Blowing over / Providing breath samples, the consequences if you are convicted can be severe. In addition to paying a fine, you will be subject to a lengthy driving prohibition or suspension and a possible Criminal Record. You can also expect your insurance rates to skyrocket by as much as 300%.
You should seriously consider obtaining legal advice if you are facing a charge of Over 80 / Over 0.08 / Blowing over / Providing breath samples, Impaired Driving or DUI.
Brian McGlashan and the team at McGlashan and Mackinnon have over 20 years of experience with Impaired Driving and DUI charges. We provide aggressive representation but we will also tell you the truth about your case so that you can make an informed decision.
If you would like to learn more about the legal definitions and application of these legal principles, you may like to read the leading court cases that help to define the offence of Providing a breath sample in “over 80”:
R. v. St.Onge Lamoureux, (Supreme Court of Canada):
R. v. Boucher (Supreme Court of Canada):