Impaired, but not over 80

People are commonly charged with being both impaired and over 80. But what does it mean if you have only been charged with driving while impaired? How can you be impaired if your breathalyzer readings were less than 80 milligrams of alcohol in 100 milliliters of blood?

If you have only been charged with being impaired, you are in a particular situation: the police thought you were impaired, but you were not over the legal limit. What they consider to be someone acting impaired may be an exaggeration.

Someone is impaired by alcohol if their ability to drive has been altered by any amount of alcohol in their system. In order to prove impairment, police will state that they detected many signs of impairment in their system such as glassy eyes, the presence of the smell of alcohol, and bad driving. However, many of these signs can be explained by other facts: glassy eyes can be the result of being tired or having a cold. The smell of alcohol can be from a passenger, or an earlier drink during the evening. Accidents can happen to the most cautious people: that is why they are accidents. And as we all know, some people are just bad drivers.

If you have been charged only with driving while being impaired, but not over 80, contact a criminal lawyer who has experience dealing with impaired offences. If you blew less than 80 and were not charged with being over 80, the signs of impairment may not be enough for a conviction.

Protect yourself and your driving record: call Céline Dostaler now to schedule your free consultation.