Julie Santarossa, LLB

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Exceed Legal Limit

What is Exceed Legal Limit?

An Exceed or 'Over 80' charge refers to driving with more than 80 mg of alcohol in 100 ml of blood.  This charge is often laid when you provide two separate samples of breath into an Intoxilyzer or Breathalyzer and the lower of the two readings is Over 80 mg of alcohol in 100 ml of blood.  The government has recently enacted Bill C-2 making amendments to the nature of a defence to an Exceed charge.  Despite this, there are numerous defences available to this charge including challenging the proper working order the equipment used to take a sample of breath, operator error in using the equipment, Charter challenges for possible violations of your rights to counsel and counsel of choice and Constitutional challenges to the legislation seeking a ruling from that Court that the new legislative provisions are unconstitutional.

What Should You Expect?

An Exceed or Over 80 conviction can lead to the same devastating consequences as an impaired conviction such as:

  • A criminal conviction;
  • A fine or jail time (depending on whether it is a first or subsequent conviction);
  • Loss of licence of a period of time;
  • Increased insurance fees;
  • Difficulty travelling to the United States; and
  • Serious jail time for cases causing bodily harm or death.

The Back on Track and Interlock programs are also available to people charged with Exceed the Legal Limit.  You should contact our office to determine if you qualify for these programs or for legal advice for your Exceed the Legal Limit charge.