Representation for allegations involving repeated contact, threatening conduct, intimidation, stalking, or fear for personal safety.
In an Over 80 case, the numbers matter—but so does how police obtained them
A person does not have to appear visibly intoxicated for an alcohol-concentration charge to arise. The allegation is tied to the reported blood alcohol level, making the statutory timing rules and evidentiary foundation for those readings particularly important.
For the defence, the task is to reconstruct the testing process rather than simply accept the final number. Gaps in documentation, procedural problems, Charter concerns, or inconsistencies between records may materially change how the evidence is assessed.
Where an Over 80 allegation can be tested.
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Common Questions About Over 80 Charges
It generally refers to the Criminal Code offence involving a blood alcohol concentration of at least 80 milligrams of alcohol in 100 millilitres of blood within the prescribed period after operating a vehicle.
Yes. An alcohol-concentration offence does not depend solely on visible or perceived impairment. It can be based on the concentration established through admissible testing evidence.
Potentially. The defence may examine testing procedures, timing, instrument records, certificates, police evidence, disclosure, and Charter compliance before determining how the readings can be addressed.
Yes. The offences can arise together, but they address different issues. One focuses on a prohibited alcohol concentration, while impaired operation concerns the person's ability to operate being impaired by alcohol or drugs.