Driving Over the Legal Limit (0.8 BAC)

If you’ve been charged with driving over the legal limit of 0.08 BAC, you need an experienced Edmonton lawyer to defend your rights.

Geoff Green has over 25 years of experience handling impaired driving offences, including cases involving blood alcohol concentration (BAC) over the legal limit. With his in-depth knowledge of Alberta’s impaired driving laws, Geoff can help you navigate the complexities of the legal process and work to protect your future.

Understanding the 0.08 BAC Legal Limit in Alberta

In Alberta, the legal limit for blood alcohol concentration (BAC) is 0.08 (also referred to as 80 MG% alcohol in 100 mL of blood). Exceeding this limit can result in serious legal consequences.

The Criminal Code of Canada sets this limit and is the threshold for being charged with impaired driving. Even if you feel capable of operating a vehicle, your blood alcohol level might say otherwise. A BAC over 0.08 could lead to immediate penalties, including license suspension, fines, and even a criminal record.

The BAC is determined through a Breathalyzer or blood test conducted by law enforcement at the roadside or at a police station. It’s crucial to understand that even if your BAC is below 0.08, you could still face penalties under Alberta’s 0.05 administrative suspension rules if your ability to drive is impaired.

IRS Fail under a Notice of Administrative Penalty

It is quite normal for the police to use a traffic ticket under the Traffic Safety Act as a consequence of impaired driving or blowing over 80 MG% at roadside. This will usually occur unless there is an accident or children in the vehicle.

Geoff Green has expertise in these IRS Fail tickets with a 60% success rate. There are significant consequences for this ticket including vehicle seizure, immediate driving suspension and a fine very much like the criminal code charges. Be aware that you only have 7 days to appeal this ticket.

Contact Geoff Green immediately to discuss your rights under an IRS Fail ticket. The initial consultation is free.

The Consequences of Driving Over the Legal Limit

Being charged with driving over the legal limit in Alberta can lead to both immediate and long-term penalties.

The immediate consequences typically include a 90-day license suspension and the installation of an ignition interlock device for at least one year after the suspension period. You may also face fines, mandatory participation in educational programs, and a potential criminal charge. Convictions for driving with a BAC over 0.08 can result in imprisonment for repeat offenders, and the penalties are even more severe if bodily harm or death results from an accident.

A conviction will stay on your criminal record and can affect future employment opportunities, insurance premiums, and travel, especially to countries like the United States. Geoff Green understands these stakes and will work tirelessly to help you avoid a conviction or reduce the penalties you may face.

How Geoff Green Can Help with Your Impaired Driving Case

Geoff Green provides strategic legal advice and defence for clients charged with impaired driving over 0.08 BAC in Edmonton.

With decades of experience in criminal law, Geoff knows how to scrutinize the evidence against you, including the accuracy of Breathalyzer or blood tests, the conduct of the police officers during the arrest, and whether your rights were violated at any point during the process.

Geoff will investigate whether the Breath test was properly administered and if the field sobriety testing was conducted fairly. These are critical factors that could impact the outcome of your case. If there are flaws in the Crown’s evidence, Geoff will leverage them to your advantage, potentially leading to a reduced charge or even an acquittal.

Defending Against Impaired Driving Charges

Building a strong defence against impaired driving charges requires a deep understanding of both the law and the science behind blood alcohol testing.

Geoff Green’s expertise allows him to challenge the results of your BAC test, especially if there are issues with the testing equipment or procedure. He may also question whether the arresting officers had probable cause to stop you or administer the tests in the first place.

In some cases, Geoff may argue that your ability to drive was not impaired despite your BAC exceeding 0.08, which could lead to a reduction in charges. Every case is unique, and Geoff tailors his defence strategy to fit the specific circumstances of your situation.

Penalties for First-Time Offenders in Alberta

For first-time offenders in Alberta, driving over the legal limit can still result in severe penalties, including fines and a mandatory license suspension.

If you are convicted, you may face a minimum fine of $1,000 and a one-year driving prohibition. While imprisonment is less common for first offences, the consequences can still be life-altering, particularly if you rely on your vehicle for work or family obligations.

Geoff Green is committed to minimizing the impact of these penalties. He may be able to negotiate with the prosecutor to reduce the charge to a less serious offence, such as careless driving, which carries fewer long-term consequences.

Repeat Offenders and Increased Penalties

The penalties become more severe if you’ve been charged with driving over the legal limit multiple times.

Repeat offenders in Alberta face longer periods of license suspension, higher fines, and increased jail time. A second conviction for driving over 0.08 BAC can lead to a minimum 30-day imprisonment, and for third-time offenders, the minimum jail term increases to 120 days.

Having an experienced lawyer like Geoff Green on your side is crucial in these situations. Geoff can help build a defence that may prevent you from facing the maximum penalties or work toward alternatives like rehabilitation programs that could help reduce your sentence.

The Role of Ignition Interlock Devices in Edmonton

An ignition interlock device is often required for individuals convicted of driving over 0.08 BAC.

This device requires you to pass a breath test before starting your vehicle and may be required for up to five years, depending on the circumstances of your case. Geoff Green can help you understand your options and work to minimize the time you are required to have the device installed.

Geoff will also explain how the ignition interlock program works, including how to meet the requirements for having the device removed once you’ve completed your suspension period.

Roadside Testing and Your Rights

When the police stop you for suspected impaired driving, it’s important to know your rights.

Under Canadian law, the police must have reasonable grounds to request a Breathalyzer or blood test. If the police did not follow the correct procedures, your charges could be reduced or dismissed entirely.

Geoff Green will carefully review how your traffic stop was handled, ensuring that your right to counsel was respected and that any evidence gathered was done so legally. If there was a violation of your rights, this could lead to the exclusion of evidence, weakening the Crown’s case against you.

Impaired by Alcohol and Drugs: The Growing Concern of Drug-Impaired Driving

Drug-impaired driving is an increasing concern in Alberta, and the laws are strict for those caught driving under the influence of alcohol or drugs.

If you are impaired by a combination of alcohol and drugs, your case can become more complex, as the evidence may involve multiple types of testing, including urine, blood, and field sobriety testing.

Geoff Green is well-versed in defending clients charged with drug-impaired driving, and he can help you understand the specific challenges that these charges present. Whether your case involves prescription drugs, marijuana, or other substances, Geoff will provide you with the defence you need to protect your rights.

Frequently Asked Questions about Driving Over the Legal Limit (0.8 BAC) in Alberta

How has the new Alberta impaired driving law changed penalties for drunk driving?

The new impaired driving laws in Alberta now impose stricter penalties for those caught driving over the legal alcohol limit of 0.08 blood alcohol content (BAC). Immediate roadside sanctions can include a licence suspension, vehicle seizure, and mandatory participation in education programs. Repeat offenders may face harsher criminal defence consequences, including longer suspensions and vehicle impoundment.

Can you be charged if you feel fine but still exceed the alcohol limit?

Yes, even if you feel fine, driving in Alberta with a BAC over 0.08 is a criminal offence. Tolerance to alcohol varies between individuals, but exceeding the legal alcohol limit can impair judgment and reaction time, making it dangerous to operate a motor vehicle. A DUI charge may follow, regardless of whether you feel the effects of alcohol consumption.

What happens if you’re caught driving while impaired by drugs or alcohol under the new law?

Impaired drivers caught under the influence of drugs or alcohol face immediate roadside sanctions, which include a 90-day licence suspension and vehicle impoundment. Whether impaired by drugs or alcohol, drivers will need to provide a breath or blood sample. Driving while impaired by substances other than alcohol is treated with the same seriousness under Alberta’s new law.

How many drinks before driving can push you over the legal limit?

The number of drinks before driving that can push someone over the legal alcohol limit depends on various factors like body weight, gender, and the amount of alcohol in 100 mL of blood. On average, even two standard drinks can cause some individuals to reach or exceed the 0.08 BAC limit, especially with low tolerance to alcohol. It’s safest not to get behind the wheel after consuming any amount of alcohol.

Can an experienced DUI lawyer help reduce penalties for impaired driving charges?

Yes, hiring an experienced DUI lawyer can help defend against impaired driving charges by exploring the circumstances of the arrest, questioning the accuracy of breath tests, or challenging procedural errors. Criminal defence lawyers in Alberta can negotiate on your behalf to potentially reduce penalties, including license suspension or criminal charges, depending on your case.

Contact Geoff Green for a Free Initial Consultation

If you’ve been charged with driving over the legal limit of 0.08 BAC in Edmonton, get experienced legal advice right away.

Geoff Green offers a free initial consultation to discuss your case, review the evidence, and help you understand your options. With his extensive knowledge of impaired driving laws in Alberta, Geoff is ready to provide you with the expert defence you need to protect your future.

Contact Geoff today by phone at (780) 914-1836 to schedule your free consultation and start building a solid defence against your impaired driving charges.