It is illegal to operate a motor vehicle in Ontario with a blood alcohol level over .08. If you are caught driving with a blood alcohol level over .08, you will be charged with a DUI also referred to as Over 80.
Charged With DUI Ontario (Over 80)
DUI Charges Explained
Call Or Text Anytime:
416-274-2222
24 hours a day, 7 days a week
Emergency appointments available
FLAT FEES
NO HIDDEN COSTS
PAYMENT PLANS ACCEPTED
The Different Types of DUI Charges in Ontario
There are four main different types of DUI charges in Ontario: impaired driving, driving with a blood alcohol level over the legal limit, refusing to provide a breath sample, and failing to provide a breath sample.
Each type of charge carries its own penalties, which can range from a fine to jail time. The type of charge you face will depend on the severity of your offense.
If you are charged with impaired driving, it means that you were operating a vehicle while under the influence of drugs or alcohol and driving in a way outside the norm. This is one of the most serious types of a DUI charge and it can result in up to five years in jail. It can also involve a license suspension, fines and other penalties.
If you are charged with driving with a blood alcohol level over the legal limit which is 0.8, it means that you were caught driving with a blood alcohol level that was above the legal limit of 0.8. This type of charge can result in a fine or up to two years in jail. It can also involve a license suspension, fines and other penalties.
If you are charged with refusing to provide a breath sample, it means that you refused to provide a breath sample when asked by police. This type of charge can result in a fine or up to two years in jail. It can also involve a license suspension, fines and other penalties.
If you are unable to provide a breath sample, it means that you were charged with failing to provide a breath sample meaning the police are alleging that you faked the sample. This type of charge can result in a fine or up to two years in jail. It can also involve a license suspension, fines and other penalties.
There are a few different types of charges that can be laid against someone who is caught driving under the influence in Ontario. The type of charge will depend on the specific circumstances of the case, and can range from an impaired driving charge to driving with a blood alcohol level over .08%.
The most common type of DUI charge is called “impaired driving”. This charge can be laid if a police officer believes that a driver is impaired by alcohol or drugs, and it doesn’t matter what the driver’s blood alcohol level is. If convicted, this type of DUI carries a maximum penalty of 5 years in jail. Whether you are alleged to be impaired by alcohol or drugs will make a big difference in how the case is defended.
A “driving with a blood alcohol level over .08%” charge is usually laid when a driver has been caught with a blood alcohol level over the legal limit.
The most serious type of DUI charge is called “dangerous driving causing death or bodily harm”. This charge can be laid if a driver’s actions have caused the death or serious injury of another person. If convicted, this type of DUI carries a maximum penalty of life in prison.
The Penalties for a DUI Charge in Ontario
If you are caught driving under the influence of alcohol in Ontario, you will be subject to a number of penalties. These can include a fine, a jail sentence, a driver’s licence suspension, and more. The severity of the penalties will depend on the situation, but they can all have a major impact on your life.
One of the most serious penalties is a driver’s licence suspension. If you are convicted of impaired driving, your licence will be suspended for at least one year. This can make it very difficult to get to work or school, and can have a major impact on your life.
Jail time is another possibility if you are convicted of impaired driving. The maximum sentence for this offence is five years, but the judge can decide to give you a lesser sentence depending on the circumstances. This is a serious penalty that can have a major impact on your life, so it is important to avoid it if possible.
Fines are also common penalties for impaired driving convictions. The minimum fine for this offence is $1,000, but you could be fined much more depending on the circumstances. This is another penalty that can have a major impact on your life, so it is important to try to avoid.
The Process of Being Charged With a DUI in Ontario
If you are charged with a DUI in Ontario, the process can be quite confusing and stressful. Here is a brief overview of what you can expect.
Firstly, if you are pulled over by the police as they suspect that you are impaired and they will ask you to submit to a roadside sobriety test. If you fail this test, you will be placed under arrest and taken to the police station for further testing.
At the station, you will be asked to provide a breath sample into an intoxilyzer machine. If your blood alcohol level is above .08%, you will be charged with a DUI.
Once you are charged, you will have to appear in court.
If you are convicted of a DUI, the penalties can be quite severe. You may face a fine, jail time, or a driver’s license suspension.
If you have been charged with a DUI in Ontario, it is important to contact a lawyer right away to help fight your case as this is a criminal charge and can lead to serious repercussions.
How to Avoid Being Charged With a DUI in Ontario
There are a few things you can do to avoid being charged with a DUI in Ontario. First, make sure you know the legal limit for blood alcohol content (BAC) in your province or territory. In Ontario, the legal limit is 80 milligrams of alcohol per 100 millilitres of blood. If you’re going to be drinking, make sure you stay well below this limit. Second, always have a designated driver or take public transit if you’re going to be drinking. Third, if you’re pulled over by the police, be polite and cooperative. Don’t give the officer any reason to suspect that you’re impaired.
Conclusion
Charging someone with a DUI is a serious matter in Ontario. If you have been charged with a DUI, it is important to contact an experienced lawyer who can help you navigate the legal process and ensure that your rights are protected.
Request a FREE No Obligation Consultation
Request a free, no-obligation consultation with Legal Solutions Law Firm to discuss your specific legal issues by filling out the form below.