Driving Over 80 Vs DUI – What’s The Difference?

May 30, 2019

Driving Over 80 Vs DUI - What’s The Difference?

It is a crime to operate a motor vehicle while the level of alcohol in your blood is over the legal limit which is 80 milligrams of alcohol per 100 milliliters of blood. Alcohol consumption affects everyone differently. Some people can be impaired at as low as 50mgs, and some people can drive without being under the influence of alcohol until their blood alcohol level reaches 100mgs.

Regardless of how your driving capabilities are affected by alcohol consumption, there is a legal limit and you need to observe strict adherence to that limit. If you have been charged with driving with over 80mg per 100ml of blood in Edmonton, consult an expert DUI lawyer to know your options.

The blood alcohol level depends on a number of factors such as your gender, age, weight, the time you consumed alcohol, and how quickly your body eliminates alcohol content. There is a considerable difference between being charged with over 80 or with impaired driving.

Most drivers arrested for driving over 80 don’t think of the legal consequences of driving under the influence. Before having your second drink, you must think that it could put you over the legal limit making you a potential criminal in Canada.

How to defend driving over 80

Most people take it for granted that if the police have charged them with driving over 80, then they’re guilty. It’s important to mention that the police sometimes fail to establish a DUI crime as they make mistakes. After being charged with over 80, consulting an experienced DUI lawyer can help you defend and resolve the case through legal strategies. In other words, a good lawyer can help you avoid being convicted of drunk driving. If you’re convicted and found guilty, you’ll lose your licence and have a criminal record.

When the police arrest someone for driving over 80, there are some strict rules and regulations that the police have to follow while collecting evidence. Our criminal law defence team at Slaferek Law has years of experience defending people with DUI charges through safe and dependable representation.

Legal issues associated with driving impaired

When defending a DUI, DWI or over 80, a legal expert can find reliable ways to help you avoid being convicted. For example, a lawyer can investigate whether or not you were truly over the limit while driving or when the police took the breath sample. No matter the situation, you have the right to remain silent, consult and hire a lawyer. This is called the right to counsel. If your rights are violated, a good lawyer can help you get the charges dropped on this basis.

The police are obliged to process the breathalyzer test without any unreasonable delays throughout the investigation process. Also, the Canadian Charter of Rights and Freedom entitles you to have a trial within a reasonable time.

When the judge convicts a defendant, there must be proof beyond a reasonable doubt. In case there is a reasonable doubt, the judge is likely to dismiss the charges.

About Slaferek Callihoo

The defence team at Slaferek Law specializes in DUI defence and has extensive experience defending people charged with or arrested for impaired driving. If you’re looking for a reliable DUI lawyer in Alberta, feel free to contact Slaferek Law where we provide free initial consultation and sound legal representation. Schedule your initial free consultation now!

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