Impaired & 80+
Have you been charged with an impaired, over 80, or refusal of a breath sample?
What You Need To Know
We have the know-how to be resourceful, aggressive & relentless in presenting the best possible case to defend your impaired, over 80, or refusal of breath sample charges.
A DUI charge is serious which can affect you for the rest of your life. Seeking qualified legal representation is always a good idea.
Sentencing for impaired, over 80, and refusal of breath sample, like any sentencing case, will vary based on the aggravating and mitigating circumstances of both the offence and the offender.
What Are ‘Impaired’, ‘Over 80′, and ‘Refusal of Breath Sample’ Charges?
They are all separate charges
To be convicted of being impaired the Crown must prove that you were impaired by alcohol or drugs at the time of driving. To be convicted of Over 80 the Crown must prove that your blood alcohol level exceeded 100 milligrams of alcohol in 100 milliliters of blood at the time of driving. To be convicted of Refuse Breath Sample the Crown must prove that you refused to blow into either an approved screening device or an approved instrument.
Potential Defence #1:
Non-Compliance with Statute
Potential Defence #2:
Charter Defences
Since the taking of breath samples is in essence a warrantless search the police must take this evidence in compliance with the Canadian Charter of Rights and Freedoms.
