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IMPAIRED DRIVING / OVER 80 / REFUSE BREATH SAMPLE

Impaired driving, Over 80 and Refuse breath sample are all serious offences in Canada that all carry serious penalties including mandatory minimum sentences and loss of driving privileges for at least one year if found guilty.

Impaired driving is the offence of driving while your ability to operate a motor vehicle is impaired by either alcohol or drug. The other drinking and driving charge commonly known as Over 80 is the offence of having more than 80 milligrams of alcohol in 100 millilitres of blood. Both offences are found under section 253(1) of the Criminal Code.

Under Section 253(1) of the Criminal Code:

  • 253(1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

For greater certainty

  • (2)For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

The offence of Refuse breath sample is located under Section 253(5) and it states that if a police officer has reasonable grounds to suspect that a person has alcohol or drug in their body and that the person has within the preceding three hours operated a motor vehicle then the officer may by demand require that person to provide a suitable breath sample or perform forthwith physical coordination tests prescribed by regulation.

Under Section 253(5):

Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.

If you have been charged with any of these offences, then you should consult an experienced criminal lawyer immediately. Our experienced drinking and driving lawyers have secured withdrawals and acquittals for many clients and have the expertise to cross examine police witness and other experts that commonly testify in drinking and driving related cases.

To contact a Richmond Hill Criminal lawyer that specializes in Over 80/Impaired Driving or Refuse Breath sample contact our office immediately at 647-352-2245.

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