Over 80 Charge Lawyers in Saskatchewan

What is Blowing Over 80?

Blowing over 80 refers to one of the ways specified in the Criminal Code of Canada (the “Code”) to be convicted of impaired driving. Although it was previously a separate offence, blowing over 80 is now a subsection of 320.14, operation while impaired. Being convicted of blowing over 80 means that you had a blood alcohol concentration (“BAC”) equal to or exceeding 80 mg of alcohol in 100 mL of blood within two hours of operating a vehicle.

The relevant provision for blowing over 80 in the Code is:

You can also be charged with impaired driving if you have a blood drug concentration, or a combination of blood drug and blood alcohol concentration, that meets or exceeds the legal limit. For these offences, see 320.14 (c) and (d) of the Code.

It is also beneficial to consider the definition of “operate” in the Code:

It is important to bear in mind that the vehicle does not need to be in motion for you to be charged with blowing over 80. The concept of ‘care and control’ refers to situations where the vehicle is stationary, but the driver could easily set it into motion and become a driver. For example, if a driver is found sitting in a parked but running vehicle, they may still be found guilty of impaired driving. If you are found to be in ‘care and control’ of a vehicle and provide a breath sample that shows a BAC equal to or exceeding 80 mg of alcohol in 100 mL of blood, you can be convicted of blowing over 80.

Similarly, you do not need to have been behind the wheel of a car to be convicted. The vast majority of the cases we deal with involve a motor vehicle, but this charge can include ATVs, boats, snowmobiles, electric scooters, bicycles, canoes, and even hoverboards.

In order to convict you of blowing over 80, the Crown must prove the following elements of the offence beyond a reasonable doubt:

• You were operating a motor vehicle, seagoing vessel, aircraft or railway equipment;
• Within two hours of operating, you had a BAC that equalled or exceeded 80 mg of alcohol in 100 mL of blood; and
• The impairment was voluntary.

If serious harm is caused by alcohol-related driving, the charges may be upgraded, and the consequences made more severe. For example, an impaired driving charge may be upgraded to impaired driving causing bodily harm or impaired driving causing death.

Investigation of Blowing Over 80 Charges in Saskatchewan

A blowing over 80 investigations is usually initiated following suspicion of impaired driving at a routine police stop, at the scene of an accident, at a check-stop, after a driver is pulled over or pursued, or following a report or complaint from an alleged witness.

The police have the right to ask you to perform a physical sobriety test at the roadside. The officer will likely also ask you to provide a breath sample by blowing it into a handheld breathalyzer, known as an ASD. This test is mandatory in Canada for all drivers regardless of why you were initially stopped; if you deny the officer’s request, you will likely be charged with section 320.15 of the Code, failure or refusal to comply with the demand. The penalty for a refusal is the same as if you blew over 80.

It is important to note that you don’t need to be found driving to be investigated for blowing over 80. If an officer suspects that you’ve driven impaired within the past 2 hours, they can ask you to provide a breath sample.

At the roadside, if you blow over, or refuse to blow, you will be arrested and taken to an RCMP detachment or municipal police cells for processing. Once there, if you failed the roadside breathalyzer test, you will be required to provide two further samples in a breathalyzer that measures your exact BAC. If either of the samples shows a number equal to or over 80 mg of alcohol in 100 mL of blood, you will be charged with blowing over 80.

Bail Process and Conditions for Blowing Over 80 Charges in Saskatchewan

How do I get myself or a loved one out on bail for blowing over 80 charges in Saskatchewan?

For blowing over 80 charges it is not unusual for police to release you at the scene. Police will provide you with an Appearance Notice document outlining your charges, and any appearances you must make.

If the police feel that your circumstances require more onerous conditions they may require you to sign an Undertaking.

This document will outline your charges and include any specific conditions you must follow, including being prohibited from:

• Leaving the province; and/or
• Alcohol consumption.

If this is your second or subsequent impaired driving offence, or if there are other accompanying charges, the police may choose to keep you in custody and require a formal bail hearing to secure your release.

In the event that a bail hearing is necessary, you will likely be transferred to a provincial correctional facility to wait for your bail hearing.  If you are a male, you will be transferred to the nearest of the following: the Regina Provincial Correctional Centre, the Prince Albert Provincial Correctional Centre, or the Saskatoon Provincial Correctional Centre. If you are a female, you will be transferred to the Pine Grove Correctional Centre in Prince Albert. In some cases, you may be held at the local RCMP detachment or municipal police cells.

The bail hearing can be held within as little as 24 hours, a period of time that starts from the moment of arrest or detention. However, the Crown can request up to three days to prepare for your bail hearing and may ask the court for longer.  An effective defence lawyer will ensure that your bail hearing occurs as soon as possible so that you are not in custody for any longer than necessary.

The Regina Provincial Correctional Centre address is:

Regina Provincial Correctional Centre
4040E 9^th Avenue North
Regina, SK S4P 3A6
Tel: (306) 924-9000

The Saskatoon Provincial Correctional Centre address is:

Saskatoon Provincial Correctional Centre
910 60 Street East
Saskatoon, SK S7K 2H6
Tel: (306) 956-8800

The Prince Albert Correctional Centre address is

Prince Albert Correctional Centre
3021 1 Avenue West
Prince Albert, SK S6V 6G1
Tel: (306) 953-3000

In Prince Albert, the Pine Grove Correctional Centre address is:

Pine Grove Correctional Centre
1700 7 Avenue North-East
Spruce Home, SK S0J 2N0
Tel: (306) 953-3100

Loved ones are not able to contact you while you are detained. Unless the detained person is a minor, the police will not release any information to friends or family due to privacy laws. Your lawyer is the only person allowed to contact you. Once the police have verified your lawyer’s details, they will pass on information about your whereabouts, if requested.

Given these difficulties, while you are held in custody, it is best to appoint a competent defence lawyer as soon as possible to manage the legal process and communicate with loved ones. After an arrest, the police must provide you with the opportunity to call a lawyer in private. If you choose to exercise this right, the police must stop questioning you until you have had the opportunity to do so.

Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail.

We will immediately do the following:

1. Call into the correctional centre where you are being held and speak to you.
2. Contact the prosecutor assigned to the bail hearing to start negotiating your release.
3. Order and secure a copy of the police information package that details the allegations against you in advance of the bail hearing. This allows the lawyer to make meaningful representations to the court about why you should be released on bail.
4. Conduct either an in-person or teleconference bail hearing to secure your release.

When you attend your bail hearing, the judge will consider the following factors:

• Is detention necessary to secure your attendance in court?
• Is detention necessary to protect the public from a substantial risk of re-offending?
• Is detention necessary in all the circumstances to maintain confidence in the administration of justice?

Although it is unlikely that you will be denied bail for blowing over 80 charges, tight restrictions may nevertheless be applied to your release.

Rest assured, we will work to not only secure your release but also ensure the least restrictive set of bail conditions (including the minimum cash deposit) possible.

In order for our lawyers to secure less stringent conditions, the judge will need to be satisfied that you will attend court as required, and that you pose no significant risk of harm to the public.

Our lawyers are often successful at persuading the Crown Prosecutor in charge of bail to let our clients out. If we can’t convince the prosecutor, we can conduct a formal bail hearing and work to convince the court. Even if you are ultimately detained, we can appeal that decision on very short notice through a bail review. Such reviews are conducted at the Court of King’s Bench of Saskatchewan.

Where can I pay for bail for blowing over 80 charges in Saskatchewan?

If you or a loved one are charged with blowing over 80 in Saskatchewan and granted bail, you may be required to provide a cash deposit to secure release. The mode by which you pay the cash deposit will depend on the courthouse at which your bail hearing is held. Your defence lawyer will advise you on the procedures specific to your location and will be able to explain the options for payment to you, or to a loved one who is making the payment on your behalf.

How do I change my release conditions for blowing over 80 charges in Saskatchewan?

Release on bail with blowing over 80 charges may require either a surety, cash or no-cash deposit.

Beyond that, you may face tight restrictions, including conditions to refrain from:

• Being behind the wheel of a motor vehicle;
• Using drugs or alcohol;
• Staying out beyond a certain time (i.e. curfew);
• Breaking any laws;
• Possessing weapons;
• Visiting certain places; and/or
• Travelling

The judge may also impose additional conditions such as:

• Residing where approved;
• Reporting to probation;
• Attending counselling; and/or
• Maintaining or seeking employment.

A variety of factors will be considered when determining your precise restrictions, including:

• Your criminal history;
• Your history of drug/alcohol usage;
• Your physical and mental condition;
• The nature of the alleged offence; and
• The likelihood that you will flee.

If you have already been released, at least for the short term, it is critical that you follow your conditions until they can be changed. Breaching the terms of your release can result in further charges or revocation of your bail, as well as a forfeiture of any cash paid to secure your release. It is important to take these conditions seriously.

Once the matter is in court, we can work with the prosecutor to alter your conditions. This includes either adding exceptions to some of the conditions or eliminating them altogether.

If your court date is far away and you cannot wait until then, we can arrange to have the matter dealt with sooner. Our first priority is always to stabilize your release conditions. That way, you will not feel pressured to plead guilty because of the restrictive terms of your release. Once the conditions are manageable and minimally intrusive to your daily routine, we can focus 100% of our attention on defending the case.

Penalties for Blowing Over 80 Charges in Saskatchewan

Blowing over 80 is a subsection of impaired driving, which means that if convicted, you will face the penalties for operation while impaired. Additionally, if your breath sample returns a “high” BAC reading, you will face more significant mandatory minimum fines than those given for basic impaired driving.

Impaired driving and impaired driving causing bodily harm are both hybrid offences, meaning that the Crown can elect to proceed summarily or by way of indictment. This decision impacts the punishments that are available to you, with summary being less severe and indictment being more severe. Where impaired driving causes death, the Crown must proceed by indictment.

The maximum punishments for impaired driving include:

• Summary
  • Impaired driving: Up to 2 years’ less a day imprisonment;
  • Impaired driving causing bodily harm: Up to 2 years’ less a day imprisonment.
• Indictment
  • Impaired driving: Up to 10 years’ imprisonment;
  • Impaired driving causing bodily harm: Up to 14 years’ imprisonment;
  • Impaired driving causing death: Up to life imprisonment.

Regardless of how the Crown proceeds, all impaired driving charges have mandatory minimum punishments:

• First offence: $1,000 court fine and $1,250 SGI fine;
• Second offence: 30 days’ imprisonment; and
• Third offence: 120 days’ imprisonment.

If your breath sample shows a “high” BAC, you will face additional mandatory minimum fines:

• BAC equal to or exceeding 120 mg of alcohol in 100 mL of blood, but less than 160 mg of alcohol in 100 mL of blood: $1,500 minimum court fine and $2,250 SGI fine.
• BAC equal to or exceeds 160 mg of alcohol in 100 mL of blood: $2,000 minimum court fine and $2,250 SGI fine.

The punishments you will have to endure for impaired driving increase where:

• One or more people were injured or killed by your impaired driving;
• Your BAC was excessively high;
• You were participating in a street race;
• You had a passenger with you under the age of 16;
• You were being paid for operating the vehicle;
• You were operating a large motor vehicle; and
• You were not permitted to be operating the vehicle.

You will also face an Immediate Roadside Suspension through SGI which, although not criminal, will significantly impede your ability to drive.

Pursuant to the Traffic Safety Act, a peace officer will issue you an “Immediate Roadside Suspension” if:

• They believe that you are impaired by alcohol, drugs, or a combination of the two;
• If you are tested and are found to be over your legal limit for drugs and/or alcohol; or
• If you failed to comply with a demand to test your sobriety (refused to blow).

With an Immediate Roadside Suspension, you will have your license suspended immediately, regardless of whether you are criminally convicted. If you drive while suspended, you will receive further punishments.  You have 90 days to appeal your license suspension to the HTB, so it is important to obtain a competent defence lawyer as quickly as possible.

Your license suspension will include:

• For the first offence within a 10-year period
  • If you are charged criminally, you will receive an Immediate Roadside Suspension that will remain in effect until your Code charges have been resolved in court. In addition to this, your vehicle will be seized and impounded for a term of:
    • 30 days if your BAC is between .08 and .16;
    • 60 days if your BAC is over.16, if you are charged with refusing to comply with a breath demand, or if you are charged with causing bodily harm or death.
  • If you are an experienced driver, you will become eligible for ignition interlock pending trial once 90 days have passed since the date you were charged.
  • If criminally convicted, you will receive a minimum one-year driving suspension and will be required to complete the Driving Without Impairment program.
    • Experienced drivers become eligible for participation in the ignition interlock program 90 days from the date they were charged.
    • New drivers are not eligible for ignition interlock

• Second offence within a 10-year period
  • If you are charged criminally, you will receive an Immediate Roadside Suspension that will remain in effect until your Code charges have been resolved in court. In addition to this, your vehicle will be seized and impounded for a term of:
    • 30 days if your BAC is between .08 and .16;
    • 60 days if your BAC is over .16, if you are charged with refusing to comply with a breath demand, or if you are charged with causing bodily harm or death.
  • If criminally convicted, you will receive a minimum 3-year driving suspension and will be required to complete the Alcohol and Drug Education (ADE) program.
    • Experienced drivers become eligible for participation in the ignition interlock program 90 days from the date they are sentenced.
  • If you are criminally convicted as a new driver, it is mandatory that you participate in the ignition interlock program for at least one year.

• Third or subsequent offences within a 10-year period
  • If you are charged criminally, you will receive an Immediate Roadside Suspension that will remain in effect until your Code charges have been resolved in court. In addition to this, your vehicle will be seized and impounded for a term of:
    • 30 days if your BAC is between .08 and .16;
    • 60 days if your BAC is over .16, if you are charged with refusing to comply with a breath demand, or if you are charged with causing bodily harm or death.

• If criminally convicted, you will receive a 10-year driving suspension and will be required to participate in an Addiction Assessment.
  • Experienced drivers become eligible to participate in the ignition interlock 90 days from the date of sentence.
  • New drivers become eligible to participate in the ignition interlock program 12 months from the date of sentence.

A conviction for blowing over 80 can have many negative consequences on your future. You may experience difficulties securing employment in the field of your choice, especially in roles that require driving. The lifelong criminal record that results from a conviction can also hinder immigration and travel. You will almost certainly face higher insurance premiums as well.

Therefore, even if you intend to accept responsibility for the offence, it is worthwhile to explore your options and consider all the potential penalties. Even if the evidence is stacked against you, it may be possible to negotiate a resolution to avoid a lengthy jail sentence. Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time.

Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences that stem from a conviction. In fact, we can canvass a range of sentencing options with the Prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our resolutions page, or read our FAQ on resolutions and other sentencing options.

Defending Blowing Over 80 Charges in Saskatchewan

What are the best defences to blowing over 80 charges in Saskatchewan?

The defence that is best for you will depend on the circumstances of your offence.

Generally, some of the best defences to blowing over 80 are:

• Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms (the “Charter”) sets out your rights before and after your arrest. If the police fail to abide by these rights, it can aid your defence.
• Involuntary Intoxication: If you did not voluntarily consume alcohol or drugs, this could help challenge the mental element of the offence. For example, if you are drugged without your knowledge.
• Defence of Necessity: If you or one of your passengers was at immediate risk of harm, and you drove for no longer than was necessary to escape that harm, you may have a defence against impaired driving.
• 320.14(5) Exception: According to the Code, you cannot be found guilty of impaired operation where you consumed the alcohol after you stopped operating the vehicle, you had no reasonable expectation that you would be required to provide a breath sample, your alcohol consumption was consistent with your BAC, and you did not have a BAC equal to or exceeding 80 mg of alcohol in 100 mL of blood while operating the vehicle. For example, if you drive home, then within two hours of driving you to drink enough alcohol to blow over when asked to provide a breath sample, this can challenge a blowing over 80 charges.

We will carefully review the entire police file, which may include expert reports from a traffic reconstructionist, witness statements, medical evidence, collision reports, photographs, video footage, and other documents pertaining to your case. Our lawyers will explore every possible defence that could raise a reasonable doubt about the prosecution’s evidence and/or your Charter rights being upheld.

Our lawyers are experienced with blowing over 80 cases and have achieved acquittals for our clients in even the most hopeless situations. Our high success rate speaks for itself; it’s beneficial to have one of our meticulous impaired driving lawyers in your corner.

How can I help defend blowing over 80 charges in Saskatchewan?

If you have been charged with blowing over 80, the following actions can help your lawyer build a strong defence:

• Take detailed notes about your version of events to provide to your lawyer;
• Have passengers write down their observations of what happened;
• Collect and maintain all documents and records about the event;
• Gather any photographic evidence that you may have; and
• Log any relevant texts, emails or phone calls.

As soon as you are released, start gathering any information that may be of use to your lawyer. What information is relevant will depend on the facts in your case. If you are uncertain what information may be relevant, you should contact one of our lawyers immediately to create a plan of action for gathering information.

To be truly proactive about the matter, consider doing the following:

• Secure proof of employment;
• Secure reference letters;
• Enroll in counselling (e.g. alcohol or drug rehabilitation);
• Secure a record of prescriptions; and
• Secure a record of any mental health conditions you suffer from.

These steps can be very helpful in building an effective defence (or convincing the prosecutor to drop the charges altogether).

What can a lawyer do to help me defend against blowing over 80 charges in Saskatchewan?

As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause. Some of these include:

• Assembling documents, photos, texts, etc. that contradict the allegation and support your version of events;
• Identifying mistakes in the actions of the police, such as Charter breaches; and
• Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.

Even if the charges proceed and you are found guilty, a good lawyer can significantly reduce the severity of the consequences for you.

What’s Next?

Most of the information above relates to simply blowing over 80 charges, which can become increasingly complex and fact-specific depending on the circumstances of your case.

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation, but this is just the tip of the iceberg.

To learn more about how we can help, please contact our team of blowing over 80 lawyers. We will conduct a thorough review of your situation and tailor a precise strategy that targets your successful defence.

Blowing over 08 FAQs

1. How do I find the best lawyer for my DUI charge?
2. Can I be charged with a DUI even if I wasn’t driving or the vehicle wasn’t moving (Care or Control?)
3. What is the penalty if I plead guilty or I am found guilty of a DUI?
4. How will my DUI charge affect my license in Alberta?
5. How can I avoid a criminal record if I am guilty of a DUI?
6. Can I go to the US if I am found guilty of a DUI?
7. Can I get charged with a DUI if I am driving while I am high on drugs?

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