Over 80

What is Over 80

Definition: Section 320.14 of the Criminal Code of Canada prohibits operating a motor vehicle (car, boat, ATV, etc.) while having a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood (0.08 BAC or “over 80”).

Important Points:

You can be charged even if your driving wasn’t visibly impaired.
Police can demand a breath sample even without suspicion following a lawful traffic stop, with refusal carrying the same penalties as an “over 80” reading.
Penalties are increased if this is not your first offence.

Common Evidence:

Results of a breathalyzer test, or blood test analysis.
Witness statements on how you were driving (if visibly erratic, this can be used even with a test result just under 80).
Police officer’s observations of your behaviour after you’ve been pulled over.

Penalties for Over 80

“Over 80” charges are always criminal offences, resulting in a criminal record on conviction. Penalties depend on several factors, including whether it’s a first-time offence.

Minimum Penalties (first offence):

$1500 fine.
Driving prohibition for 1 year.
Requirement to have an Ignition Interlock device installed in your vehicle (at your own expense).

Subsequent Offences: Increased fines, longer license suspensions, and mandatory minimum jail time apply.

Maximum Penalties (first offence):

Summary Conviction: Less serious cases, up to 24 months in prison and/or a $5,000 fine.
Indictment: More serious cases, up to 10 years in prison.

How We Can Help

Immediate Steps: Refusing to provide a breath sample carries penalties similar to being over 80. We can advise you if the situation allows for any strategy in the moment.

Fighting the Charges: Every drunk driving case rests on specific details. We’ll look closely to build a strong defence:

The police didn’t follow proper procedures to obtain a valid breath or blood sample.
The testing equipment was not functioning properly.
Evidence suggests you only consumed alcohol after you stopped driving, and weren’t over 80 at the time of the stop.
Your Charter rights were violated during the traffic stop or testing process.

Frequently Asked Questions

I'm not a Canadian citizen, what happens if I'm convicted?

A criminal conviction can lead to you being deemed inadmissible to Canada, resulting in significant immigration consequences.

Can I lose my job?

Yes, depending on whether your job involves driving, or if the conviction undermines your employer’s trust.

Do I need a lawyer if I'm planning to plead guilty?

Absolutely. A lawyer can help ensure any plea deal is fair and minimize long-term consequences.

Let's Talk About Your Case

“Over 80” charges are serious, with even a first offence having lasting impacts on your driving record, insurance, and personal life. Don’t underestimate the consequences, seek legal advice as soon as possible. Contact us for a free case review to discuss your situation and potential defences.

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