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What Does “Over 80 Charge” Mean?
An Over 80 falls under 320.14(1)(b) section of the Canadian Criminal Code. It is a serious criminal offence that happens if you’ve been suspected of drunk driving and your blood/alcohol level is equal to or above 80 mg/100 mL of blood within two hours of stopping to operate the conveyance (e.g., a motor vehicle, farm machinery, construction equipment, or it can also be vessels, aircraft, railroad equipment, and any other vehicle that has an engine). You can also be charged with over 80 if your blood drug concentration exceeds the concentration for the drug that is prescribed by regulation.
In fact, if an officer remotely suspects you have high blood/alcohol levels, they can legally suggest a breath test, using an Intoxilyzer instrument. When can you be required to blow into a roadside device? If:
- You have been arrested for impaired driving
- You admitted to recent alcohol consumption to the police
- You had an alcohol scent, and the officer smelled it
- You failed a field test, such as making you recite your ABCs backwards or walking a straight line
- The driver has care and control of a vehicle
One cannot refuse to submit to a breathalyzer test. Refusal can later be considered a criminal offence in court, so don’t make your situation worse. If you’re caught under the influence of alcohol and the police officer insists that you take a breath test, go along with it. And contact an over-80 lawyer as soon as you can.
FIND OUT HOW TO WIN:
Driving Over 80 Penalties
If it’s your first impaired driving offence and you’re found guilty, you will get a criminal record for life. Here are further potential consequences of an over 80 charge:
Please note that each case is unique, and the above are just examples of over 80 charge consequences. They can be even harder if someone was injured during the accident.
Do Not Fight Alone
One mistake isn’t worth a lifetime of headaches. But your first Over 80 charge can really impact your criminal history, take a toll on your finances, and really hinder your employment. The more severe your situation, the more you’ll need an experienced, reliable impaired driving defence lawyer to help you see it through and end up on the other side unscathed. Contact Jonathan Lapid today and get a free and honest opinion about your case.
Powerful Defence Strategies of A Driving Over 80 Charge Jonathan Lapid Uses
In practice, people are accused of this offence when their breath tests at the police station “blow over” the legal limit (80 milligrams of alcohol in 100 milliliters of blood), since it is the only proof the police need to charge you with over 80. If you can prove in court that the blood alcohol level at the time of driving was lower than the legal breath alcohol limit, you would win the case.
Of course, your chances to prove that, especially after passing the breath test that showed >80 alcohol, are slim. However, there are some tricks that can help you get out of it with the least damage, and a professional over 80 lawyer in Toronto will help you.
The Crown Attorney has the burden of proof. They need to work arduously to demonstrate that a massive checklist of items can’t be disputed. If they can’t prove one of these checkpoints, the Crown can’t be successful with a conviction for driving over 80 mgs in Ontario.
Thus, Jonathan’s defence strategy is founded on a thorough examination of your case, most importantly, the evidence, and the circumstances of the arrest. If there were any mistakes or unlawful basis during the collection of evidence and legal procedures, your chances of success grow higher.
Meanwhile, you are required to stay calm. Being charged with driving over 80 in Ontario doesn’t automatically mean that you are guilty. Be honest with yourself and your lawyer so that Jonathan can come up with the strongest defence strategy for your case.
Read About Our Many Successful DUI Cases
I have been practicing criminal law for over 25 years and I pride myself on my successful cases. My goal for any client is to ensure that they have a positive outcome and that they are represented to the best of my abilities.
"Over 80" VS. "Impaired Driving"
A short, plain-English way to explain the difference between these charges is: in Ontario, you can be charged two different ways for alcohol/drug driving. Both are criminal charges under Canada’s Criminal Code, but they’re proved differently and have some different implications for you.
Driving Over 80
- It’s a numbers case. The Crown proves your blood-alcohol concentration (BAC) was ≥ 80 mg/100 mL within two hours of driving, usually with approved breath/blood tests. They don’t have to prove you looked drunk — just that the number was at/over the legal limit.
- There’s a narrow “after-driving drinking” exception. If alcohol was consumed only after you stopped driving, you had no reason to expect a test, and the science fits, you may not be guilty of Over 80. (This is the Criminal Code’s “two-hour” exception.)
- Higher first-offence fines if the BAC is high. If convicted, minimum fines scale up with the BAC on an Over 80: $1,500 for 120–159 mg, $2,000 for 160+ mg (higher than the ordinary $1,000 minimum).
Impaired Driving
- It’s about your driving ability, not a number. The Crown must show that your ability to operate was impaired to any degree by alcohol, a drug, or both. It can be proved with observations (driving pattern, balance, speech, DRE results, etc.). A BAC reading isn’t required to convict.
- Covers drugs and combinations. Impairment can be from alcohol, drugs, or both. There are also separate “at-or-over” drug-concentration offences, but the classic “impaired” count is about ability, not thresholds.
- Same baseline sentencing range as Over 80, but no BAC-tiered fine. Minimums for an impaired conviction are $1,000 (1st), 30 days jail (2nd), 120 days jail (3rd). The extra BAC-based fine tiers only apply to the Over 80 count. Max penalty (indictable) is up to 10 years.
If you’re facing over 80, your case will likely turn on the testing process (the device, timing, Charter issues, and any after-driving alcohol), as no evidence of abnormal driving is needed. If it’s impaired driving, Jonathan will question the observations and opinion evidence (what you did, how you looked, the reliability of field or DRE testing).
Have Questions Regarding an Impaired Driving Over 80 mgs? Call Jonathan Lapid
647-797-5256
The Advantages of Speaking with
Jonathan Lapid
Jonathan Lapid, DUI Industry Leader, Can Defend Your Over 80 Charge
Jonathan Lapid is a criminal defence lawyer and DUI expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him, and the officer said that after asking his police friends who they had lost to in court, Jonathan’s name kept popping up. He has represented:
- An NHL player
- A Canadian Olympic athlete
- Police officers
- Lawyers
- Doctors
- Prominent senior executives
- Pilots and flight attendants
- Limousine drivers
- Factory workers
- And many other hard-working Canadians
If nothing else, this tells you that he’s built a track record others take notice of, and there’s a reason why even the highest-profile individuals entrust him with their cases. Don’t fight alone! Contact an experienced over 80 lawyer in Toronto and drop off your charges in no time.
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