The Drinking and Driving Law was overhauled in December 2018 by Parliament, by making the laws more strict and affording the police with additional powers when investigating these charges. The new law — An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Act — amended the Criminal Code of Canada when it comes to DUI law and other driving offences.
The new offence of 80 Plus is set out under 320.14(b) of the Criminal Code. The sectionreads:
(1) Everyone commits an offence who
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- (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
Prior to the change, the offence was referred to as Over 80, as the accused required a blood alcohol of at least 81mg of alcohol in 100 ml of blood before attracting criminal liability. The offence has changed, making it illegal to drive with a blood alcohol concentration of 80mg of alcohol per 100 ml of blood or more.
The offence of 80 Plus is a highly technical one, just like the other areas of Impaired Driving and DUI Law.
Call (647) 878 – 6355 for a free consultation for your 80 Plus charge.
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