Driving Over 80 Charges

Have You Been Charged with Driving over 80?

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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.

Manitoba Highway Traffic Act Charge

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

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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 driving
- After 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

Types of "DUI" Offences

Over 80

An individual will be charged with an "Over 80" offence if there is evidence that their blood alcohol content exceeds 80mgs per 100ml of blood while operating a vehicle. Evidence of impairment is not required.

Impaired Driving

Impaired Driving charges do not require any breath or blood tests. The offence is made out if the Court is satisfied that the Accused's ability to operate a motor vehicle was impaired, to any degree, by alcohol, a drug, or any combination of the two.

Refusal or Failure To Provide a Breath or Blood Sample

Refusing or failing to provide a breath or blood sample when demanded by a peace officer is an offence in itself. A conviction for this offence has the same penalties as a conviction for "Over 80" or Impaired Driving offence.

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.

Finding the right criminal defence lawyer can be quite a challenge, especially when you are reeling from the stress of criminal charges. Hiring a criminal lawyer means putting your trust in that person, and it's important that you feel assured that that person will give you the best representation possible.

The lawyers at Wasyliw Wiebe have been practising criminal law in Winnipeg for many years, and have defended impaired driving charges on behalf of hundreds of clients. We have the experience and knowledge that you need to achieve the best possible result.

Client Testimonials

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Marc Bergeon

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What happens at a free case evaluation?

Our 60 minute free case evaluation includes the following 4 steps:

Collection of personal information about you crucial for building a solid defence;

A careful review of the documents you received from the court and police;

Review of your recollection of events leading up to & after the allegations;

Review of the court process, fees, and how we can help.

How should I prepare for my free case evaluation?

You should bring or email in advance the following:

A written statement laying out your version of events;
Documents given to you by the court or by the police;
All disclosure you have received;
Legal Photo ID; and
Any supporting documents that can help your case.

How much do our services cost?

The cost will depend on several factors including:

The complexity of your case;
The severity of the charges; and
The experience of the criminal lawyer working on your case.

Fees of an experienced and effective criminal defence lawyer will typically range in thousands of dollars. However, only a fraction of that amount is due initially. Flexible payment schedules are offered so that fees can be paid in monthly instalments.