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Over .08 Charges

You do not actually have to be driving to be convicted of being over .08 or impaired driving: these offences include having care or control of a vehicle. This means being found drunk in the driver’s seat is enough for a conviction unless you can show that you did not have care and control of the car.

Your driver’s licence will be immediately suspended.

  • The suspension begins immediately after charges are laid and stays in place until the charges have been dealt with in court.

The vehicle you were driving will be impounded.

  • The vehicle will be impounded, even if it is registered to another individual, for a minimum of 30 days.
  • If your BAC is .16 or higher, or if you refuse to provide a breath sample, the minimum impoundment increases to 60 days.
  • Registered owners are responsible for towing and storage costs. If the owner and driver are not the same person, the owner may sue the driver to recover these costs.

Almost everyone will be impaired at .08. At .08, you will have difficulties controlling your speed, poor concentration, impaired perception and loss of the ability to process information about your surroundings. It is a criminal offence to drive with a blood alcohol level over .08. Similarly, you can be too impaired to drive from the use of marijuana, illicit drugs, over-the-counter drugs, or prescription drugs.

The law recognizes the impairments caused by alcohol and drugs. It is a criminal offence to be in control of a motor vehicle while over .08. It is also a criminal offence to be in control of a vehicle while impaired. Your ability may be impaired at a BAC below .08. It may also be impaired by the use of drugs. Unlike the offence of over .08, an impaired driving charge depends on the effect that alcohol or drugs have on the individual, not the amount consumed.

If you are convicted of over .08 or impaired driving you will have a criminal record. This can affect future travel, education, and employment opportunities. Some employers require criminal record checks and some countries will not allow people with a criminal record to enter or only allow them to enter if they receive a waiver.