Driving Over 80 Charges
Manitoba Highway Traffic Act Charge
In Manitoba, there are two different regulatory systems under which you can be charged. It is up to the police officer laying the charge to determine under which system to charge you.
Under the Provincial legislation, if you register a “warn” on an ASD (Approved Screening Device, AKA Breathalyzer), you have a blood alcohol content of .05 to .079, and you will:
- Receive licence suspension ranging from 72 hours to 60 days, depending on how many previous suspensions have been issued within a 10-year period
- Have your vehicle towed and impounded, at your cost between 3 and 30 days, depending on how many previous “warn” readings you have given within a 10-year period
- Move five levels down MPI’s Driver Safety Rating scale, which will significantly increase the cost of your driver’s licence and vehicle insurance
- Be required to pay a driver’s licence reinstatement charge
If you refuse to provide a sample or blow a “fail”, meaning that you have a blood alcohol content at or over .08, you will;
- Be required to pay a $700 fine
- Receive an immediate three-month driver’s licence suspension
- Have your vehicle impounded for between 30 and 60 days
- Be required to participate in the Ignition Interlock Program for one year
- Move ten levels down MPI’s Driver Safety Rating scale, which will significantly increase the cost of your driver’s licence and vehicle insurance
- Be required to pay a driver’s licence reinstatement charge
- Be required to complete an Impaired Driver Assessment at the Addictions Foundation of Manitoba
Criminal Code of Canada Charge
If you are charged with Impaired Driving, Driving Over .08 or Refusing to Provide a Sample under the Criminal Code, you will:
- Receive an immediate three-month driver’s licence suspension;
- Have your vehicle impounded for between 30 and 60 days
- Be required to pay a driver’s licence reinstatement charge
- Be required to complete an Impaired Driver Assessment at the Addictions Foundation of Manitoba
If you are convicted of any of these charges, you will additionally:
- Have a criminal record
- For a first offence, be required to pay a minimum fine of:$1,000 if your reading is between .08 and .119;$1,500 if your reading is between .120 and .159;$2,000 if your reading is .160 or over.
- For a second offence, serve a minimum term of imprisonment of 30 days, and
- For each subsequent, serve a minimum term of imprisonment of 120 days
- Be prohibited from operating a motor vehicle anywhere in Canada for a minimum of 1 year
- Be required to participate in the Ignition Interlock Program following your driving prohibition
- Move ten levels down MPI’s Driver Safety Rating scale, which will significantly increase the cost of your driver’s licence and vehicle insurance
Some things to keep in mind:
- If a police officer has an ASD in his or her possession, they are entitled to ask a driver to provide a breath sample, even if there is no evidence that they have consumed alcohol
- If a police officer is not in possession of an ASD device, or demands that a driver perform physical coordination tests, they must have reasonable grounds to believe that the driver has alcohol or a drug in their body
- It is an offence to have a blood alcohol concentration of over .08 within 2 hours of driving UNLESS:The alcohol was consumed after the driver stopped drivingAfter the driver stopped driving they had no reason that they would be required to provide a breath sample;The driver’s alcohol consumption is consistent with their having had a blood alcohol concentration of less than .08 at the time when they were driving.
- If you are convicted of impaired driving or driving with a blood alcohol concentration of over .08, which result in bodily harm or death to another person you will almost certainly receive a lengthy jail term and driving prohibition, in addition to all of the other consequences noted above
Why Do You Need An Impaired Driving Lawyer?
Impaired Driving convictions have serious consequences. Any type of Impaired driving conviction will necessarily result in a driving prohibition, which impacts your ability to get to work, raise your kids, and live your life.
Defending impaired driving charges is complicated. The legislative scheme that sets out the offences and punishments for impaired driving offences is technical and complex. An impaired driving defence often involves a Charter-based challenge to the validity of the taking of the breath samples that underlie the offence.
Defending impaired driving charges is complicated and it’s important that you consult with an experienced lawyer in order to identify the best possible defences for your case.