Blowing over the legal alcohol limit in Ontario: Provincial HTA vs. Criminal Code DUI charges

Those who blow over 50 but under 80 will be charged with the HTA provincial offence of impaired operation. Those who blow over 80 will be charged with Criminal Code impaired driving and over 80. Even those who blow below 80 can still be criminally charged if the police officer believes they are impaired (drunk). While anything over 80 is illegal, it is also illegal to be intoxicated even if your blood alcohol level is under 80.

If you blow over the legal limit at the roadside the officer will arrest you and take you to the police station for a more sophisticated test using a machine called the Intoxiliyzer. A certified breath technician is trained to operate this machine and administer the test. The reading that the Intoxiliyzer shows will be submitted to the Crown Attorney (prosecutor) as evidence in your case.

Breath test machines are highly sophisticated, require very specific maintenance and sometimes their readings/results can be successfully challenged in court.

It is not nearly as simple as "they blew over" and that means they are guilty. BAC tests must be conducted in an extremely precise way and all machines require very specific maintenance and operational standards that are not always followed properly by the police. Sometimes this can lead to the charges being dropped or an acquittal at trial. Also the behaviour of the police during the arrest and detainment process may have violated a legal technicality that will allow the accused to walk free.

If you are stopped for any impaired driving related offence you should ask to speak to a lawyer, provide your license/vehicle registration/insurance and identify yourself correctly, and be polite and respectful. You should not admit to drinking, being drunk, etc. and exercise your right to silence in a polite way to questions not related to your identity.

If the police demand a breath sample you should provide it otherwise they will simply charge you with failure or refusal to provide a breath sample which carries the same penalties as impaired driving/over 80 and is more difficult to successfully fight in court.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending DUI charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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