Over 80 mg

If the concentration of alcohol in your blood is proven to be greater than 80 mg of alcohol in 100 ml of blood when it is measured at the police detachment, you will be exposed to serious consequences . But does that mean it was over 80 mg when you were driving, and in any event can the prosecutor actually prove it?

If you drank a large amount of alcohol just before or after driving, you may be found not guilty because the evidence may tend to show that your blood alcohol level was under 80 mg at the time at which you were actually driving, but rose to the level indicated by the breathalyzer machine after you had stopped driving.

Whether the judge will even consider the breathalyzer readings will depend on whether the police respected the responsibilities imposed on them by the Charter of Rights, and whether they complied with the statutory requirements in the Criminal Code. If they fail to do so, you can be successful in having the court refuse to consider the breathalyzer readings.

If you've been charged with driving over 80 mg, you need legal counsel: contact us.