BAC Over Legal Limit Not Proven
“AC over the legal limit not proven” as Legal Defence
Defence: Having blood alcohol concentration (BAC) over the legal limit is not proven.
What this Means
It has not been proven that accused had a blood alcohol concentration that was equal to or exceeded 80 mg of alcohol in 100 ml of blood within two hours after ceasing to operate a conveyance (a conveyance is defined as a motor vehicle, an aircraft, a vessel or railway equipment).
For any case in which you are charged with operating a conveyance with a blood alcohol concentration over the legal limit (80 mg of alcohol in 100 ml of blood or more), the Crown will either need to rely on your breath test results from when you blew into an approved instrument (usually an Intoxilyer 8000C located at a police station) or occasionally, an analysis of a sample of your blood (this would only occur in circumstances where you were unable to provide a breath sample, likely due to injury as a result of a car accident).
Because the Criminal Code authorizes the police to require that you provide
evidence (samples of your breath or blood) that may be self-incriminating and because of the importance of ensuring that, if you are found guilty of a criminal offence, it is based on highly reliable evidence, there are a number of strict
procedures and technical requirements that the police must follow and satisfy in order for the Crown to be able to rely on an analysis of your breath or blood to prove that your blood alcohol concentration was above the legal limit within two hours of when you ceased to operate a conveyance. We are highly skilled at identifying mistakes made by the police and raising a reasonable doubt as to whether these procedures and requirements were properly followed and adhered to.
Charged with a Criminal Offence? Get Every Defence.
Do not plead guilty without discussing your case with a lawyer. Many criminal offences have mandatory minimum sentences and a conviction will often result in a lengthy jail sentence. Being found guilty may result in negative employment, immigration and personal consequences to you and your family for years to come.