Over 80 Lawyers in Edmonton

Verdicta LLP's over 80 lawyers in Edmonton defend Criminal Code charges of having a blood alcohol concentration of 80 mg or more per 100 ml of blood within two hours of operating a vehicle (s. 320.14(1)(b)).

What we review

• Screening & breath demands
• Mandatory alcohol screening
• Approved instrument records
• Two-hour timing
• Right to counsel
• Blood sample procedures

What "over 80" means

It's a criminal offence to have a blood alcohol concentration (BAC) of 80 mg or more per 100 ml of blood within two hours after operating a vehicle. You can be convicted even without evidence of impaired driving — the reading itself is the offence.

Penalties rise with the reading

For a first offence, the mandatory minimum fine is:

• $1,000 for a BAC of 80–119 mg
• $1,500 for a BAC of 120–159 mg
• $2,000 for a BAC of 160 mg or more

A conviction also brings a driving prohibition of at least one year and a criminal record. Repeat offences carry mandatory jail.

Mandatory alcohol screening

Police who have an approved screening device can demand a roadside breath sample from any driver they've lawfully stopped — no suspicion of drinking is required. But the stop itself must still be lawful, and later demands and testing must follow strict rules.

How we defend over 80 charges

• Whether the stop and each demand were lawful
• Whether breath samples were taken by a qualified technician, on an approved instrument, with the required intervals and checks
• Whether the Crown has disclosed instrument maintenance and calibration records
• Whether your right to a lawyer was respected before testing
• Whether there are narrow statutory defences, such as drinking after driving in specific circumstances

Most over 80 cases in Alberta start as an IRS: FAIL. See IRS FAIL reviews if you received a Notice of Administrative Penalty.