If you find yourself facing a charge of blowing over 80/.08 in Calgary, it’s important to understand the legal implications and seek the assistance of experienced DUI lawyers. This article will guide you through the various aspects of this charge, including the legal definition, the role of DUI lawyers, the legal process, potential defenses, and the consequences of a conviction.
Understanding the Over 80/.08 Charge
The over 80/.08 charge refers to operating a motor vehicle with a blood alcohol concentration (BAC) exceeding 80 milligrams of alcohol per 100 milliliters of blood, or having a blood alcohol content of 0.08 or higher. This charge is taken very seriously in Calgary.
Driving under the influence of alcohol is a dangerous and illegal act that puts not only the driver’s life at risk but also the lives of innocent pedestrians and other motorists. The over 80/.08 charge is specifically designed to deter individuals from getting behind the wheel while intoxicated.
When a person consumes alcohol, it enters their bloodstream and affects their cognitive and motor skills. As the BAC increases, the ability to concentrate, react quickly, and make sound judgments diminishes. This impairment can lead to accidents, injuries, and even fatalities.
Legal Definition of Over 80/.08
Under the Criminal Code of Canada, it is a criminal offense to operate a motor vehicle with a BAC above the legal limit. The law considers this act as impaired driving, as it can significantly impair a person’s ability to operate a vehicle safely.
Law enforcement agencies in Calgary use various methods to determine a driver’s BAC, such as breathalyzer tests and blood tests. These tests provide scientific evidence to support the over 80/.08 charge and ensure that individuals who violate the law are held accountable for their actions.
It is important to note that the legal limit for BAC may vary in different jurisdictions. However, in Calgary, the threshold of 80 milligrams of alcohol per 100 milliliters of blood or a BAC of 0.08 is considered the standard measure for determining impairment.
Implications of an Over 80/.08 Charge
An over 80/.08 charge can have severe consequences. If convicted, you may face hefty fines, driver’s license suspension, mandatory alcohol education programs, increased insurance premiums, and even imprisonment. Having such a charge on your record can also impact your personal and professional life.
The financial implications of an over 80/.08 charge can be significant. In addition to fines, individuals may also need to cover legal fees, court costs, and the expenses associated with attending mandatory alcohol education programs. These financial burdens can place a strain on individuals and their families.
Driver’s license suspension is another consequence of an over 80/.08 charge. Losing the privilege to drive can greatly impact an individual’s ability to commute to work, attend appointments, and fulfill daily responsibilities. It can also lead to a loss of independence and increased reliance on public transportation or others for transportation needs.
Furthermore, an over 80/.08 charge can result in increased insurance premiums. Insurance companies view individuals with impaired driving convictions as high-risk clients and adjust their rates accordingly. This can lead to higher monthly or annual premiums, making it more challenging for individuals to maintain affordable auto insurance coverage.
Lastly, the social and professional consequences of an over 80/.08 charge should not be overlooked. Having a criminal record can affect employment opportunities, especially in fields that require a clean driving record or involve working with vulnerable populations. Additionally, the stigma associated with impaired driving can strain personal relationships and damage one’s reputation within the community.
It is crucial to understand the seriousness of the over 80/.08 charge and the potential consequences it carries. By making responsible choices and avoiding driving under the influence, individuals can protect themselves and others from the dangers associated with impaired driving.
Role of DUI Lawyers in Calgary
When facing an over 80/.08 charge in Calgary, it is crucial to seek the guidance of experienced DUI lawyers who specialize in defending against impaired driving charges.
Driving under the influence (DUI) is a serious offense that can have severe consequences, including license suspension, hefty fines, and even imprisonment. It is a complex legal matter that requires expert knowledge and strategic defense strategies.
A DUI lawyer will thoroughly analyze your case, gather evidence, and develop a strong defense strategy tailored to your specific circumstances. They understand the gravity of the situation and the potential impact it can have on your life. With their expertise, they will guide you through the legal process, ensuring that your rights are protected every step of the way.
How a DUI Lawyer Can Help
One of the primary roles of a DUI lawyer is to challenge the prosecution’s evidence. They will scrutinize the methods used by law enforcement to gather evidence, such as breathalyzer tests or field sobriety tests. If any irregularities or violations of your rights are found, they will use this information to weaken the prosecution’s case against you.
Furthermore, a DUI lawyer will question the legality of the traffic stop and arrest. They will examine whether the police had probable cause to pull you over and whether they followed proper procedures during your arrest. Any discrepancies in these areas can be used to your advantage in court.
In addition to challenging the evidence and legality of the arrest, a DUI lawyer will also explore alternative defenses. They may argue that the breathalyzer test results were inaccurate due to faulty equipment or improper calibration. They may also argue that your actions were influenced by factors other than alcohol, such as medication or a medical condition.
Ultimately, the goal of a DUI lawyer is to achieve the best possible outcome for you. This may involve negotiating with the prosecution for a reduced charge or sentence, or taking your case to trial and vigorously advocating for your innocence.
The Importance of Legal Representation
Hiring a DUI lawyer is essential because they possess in-depth knowledge of the relevant laws and legal processes. They understand the complexities involved in over 80/.08 cases and can navigate through the system on your behalf, ensuring your rights are protected.
Furthermore, a DUI lawyer has experience dealing with the local courts and prosecutors in Calgary. They are familiar with the judges’ tendencies and the strategies that work best in each courtroom. This familiarity can be invaluable in building a strong defense and increasing the chances of a favorable outcome.
Additionally, a DUI conviction can have long-lasting consequences beyond the immediate penalties. It can affect your employment prospects, your ability to obtain car insurance, and even your personal relationships. By hiring a DUI lawyer, you are investing in your future and giving yourself the best chance at minimizing these negative impacts.
In conclusion, when facing a DUI charge in Calgary, it is crucial to seek the assistance of a skilled DUI lawyer. They will provide you with the guidance, expertise, and strategic defense necessary to navigate through the legal process and achieve the best possible outcome for your case.
The Legal Process for Over 80/.08 Charges
Being charged with blowing over 80/.08 can initiate a legal process that involves several stages, beginning from the initial arrest to the final sentencing.
Initial Arrest and Charges
Once you are arrested for blowing over 80/.08, you will be formally charged. This involves providing information and documentation regarding your identification, requesting you to provide a breath sample, and conducting field sobriety tests.
Court Proceedings and Sentencing
Following your arrest, you will appear in court to face the charges. During this stage, both the prosecution and your defense lawyer will present their arguments and evidence. If convicted, the court will determine the appropriate sentencing, considering factors such as your past criminal record and the circumstances surrounding the offense.
Potential Defenses for Over 80/.08 Charges
There are various defenses available to challenge an over 80/.08 charge. An experienced DUI lawyer can explore these options and determine the best strategy for your case.
Challenging the Accuracy of Breathalyzer Tests
Breathalyzer tests are the most common method used by law enforcement to measure BAC. However, these devices are not infallible. Your lawyer may challenge the accuracy of the test results, question the maintenance records of the breathalyzer device, or investigate possible errors in the testing process.
Questioning the Legality of the Traffic Stop
Your lawyer may also examine whether the traffic stop leading to your arrest was conducted lawfully. If there were violations of your constitutional rights or procedural errors, it could potentially weaken the prosecution’s case against you.
In the short term, you may face fines, driver’s license suspension, mandatory alcohol education programs, and increased insurance premiums. In the long term, a conviction can affect your employment prospects, travel opportunities, and even your personal relationships. It is essential to minimize the impact of a conviction by seeking legal representation.
Impact on Personal and Professional Life
An over 80/.08 conviction can result in a tarnished reputation and certain limitations in your personal and professional life. Background checks conducted by potential employers or educational institutions might reveal the conviction, impacting your chances of securing employment or pursuing further education.
In conclusion, facing an over 80/.08 charge in Calgary is a serious matter with significant legal consequences. It is crucial to seek the assistance of experienced DUI lawyers who can guide you through the legal process, mount a strong defense, and strive for the best possible outcome. Remember, each case is unique, and having the right legal representation can make a significant difference in protecting your rights and future.
Here’s how we can help.
We conduct a detailed review of the documents you have received from the police as well as the circumstances of the DUI.
We will be sure to also explain the court process, our flexible fee structure, and what we can do to help. That way you can make an informed decision about next steps.
DUI Defence Strategy
We formulate an action plan designed to protect your rights and interests and to achieve the best possible outcome in your impaired driving case.
The specific strategy employed will depend on the unique circumstances of your case, the evidence available, and your goals.
Resolution or Trial
We work with the Crown Prosecutor to review the facts of your case and to seek a resolution that is in your best interests.
If we can’t convince the prosecutor to agree to the result we desire, we will present every defence possible at trial.
If you have been charged with Impaired Driving, or a related offence, anywhere in Canada hiring an experienced legal team is your best defence. Contact our criminal defence lawyers for a free consultation to discuss your case.