Impaired Driving Lawyer Toronto: Differences between DUI and Over 80

Posted by mahendra on April 24th, 2021

What differentiates Impaired driving (DUI) and under 80? According to impaired driving lawyer Toronto, this is a common question for those who are charged with this kind of offense. But what really differentiates the two? That what Ernst Ashurov wants to put straight today.

Though these two offenses are closely related, the key difference is how the evidence for each is presented in court. Here are notable differences between the two offenses according to an impaired driving lawyer Toronto. Take a look.

  1. Impaired Driving

Driving under the influence, popularly known as DUI, is an offense punishable in a court of law. According to the law, it is an offense to operate a motor vehicle while under the influence of drugs, alcohol, or a combination of the two. Whether or not you have been driving under the influence is not determined by the alcohol in your blood, though this can be a consideration by a jury in determining whether or not you were under the influence while driving.

In most cases, driving under the influence is basically determined through physical evidence of uncoordinated or poor driving, for instance, a car accident, driving on the wrong lane, driving dangerously fast, or weaving in your lane, etc. It can also be portrayed in such things as staggering while walking, inability to stand, swaying while standing, and being unable to follow instructions, etc.

Where it is believed that the behavior of the person might be as a result of drug influence, drug recognition evaluation can be carried out. If this has to be done, the subject will need to provide urine samples to be used in the analysis. Essentially, the subject can be influenced by alcohol while still with a blood alcohol concentration that hasn't exceeded the legal limit. According to impaired driving lawyer Toronto, many people are impaired and unable to drive when the blood alcohol concentration is 15mg per 100ml of blood. However, the set legal blood alcohol concentration limit is 80mg of alcohol per 100mls of blood. So, this implies that you could be impaired even when the blood/alcohol concentration is below the legal set limit.

  1. Over 80

This is also an offense punishable by law. According to impaired driving lawyer Toronto, this offense is committed if one operates a vehicle with more than 80mg/100ml. This is what the breath test results show.

Comparing the two offenses, Over 80 is more severe compared to impaired driving. To prove this offense, the prosecutor must provide admissible evidence of the blood/alcohol concentration obtained during the time of driving. This can be tricky since the alcohol/ blood concentration is not taken at the time of arrest but at the police station.

In some instances, people are charged with both offenses of over 80 and DUI. However, one can be charged with only one of these depending on the strength of the evidence.

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