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Effective Defence Against An Over 80 mg Charge in Toronto

When Experience Matters

A charge of over 80 in Canada is all about having a blood-alcohol level that is higher than what is legally allowed according to the Criminal Code. Anyone who has more than 80 milligrams of alcohol per 10 decilitres of blood may face a criminal charge of Driving Over 80.

Meaning of Driving Over 80

People who are arrested for Driving Over 80 often do not have an understanding of what they violated or what they did wrong. They might think that just because they are not visibly drunk then they cannot be arrested for this criminal offence. Below is the definition of Driving Over 80 for the driver.


A person that consumed alcohol and was operating a motor vehicle and showed a blood-alcohol reading of over 80 milligrams per 100 millilitres of blood after a breathalyzer test was done is Driving Over 80.


With the above said, a person who was drunk driving, was intoxicated while driving, or was driving while impaired does not automatically mean that they were Driving Over 80. The person has to have a blood-alcohol level that is above the legal limit to be charged with Driving Over 80 milligrams.

Penalty for Driving Over 80

Individuals who are convicted for Driving Over 80 face serious consequences. Some of the consequences include the following:


  • Having a criminal record for life
  • Dealing with the impoundment of a vehicle
  • Facing 90-day license suspension (or more)
  • Paying a fine of 1000 to $2000
  • Serving jail time for repeat offenders
  • Experiencing dramatic increases in insurance premium
  • Having to install the mandatory ignition interlock device
  • Dealing with possible job loss if the job includes driving a motor vehicle

Note that for above, a motor vehicle may include farm machinery, construction equipment, and any other vehicle that has an engine.

Defending A Driving Over 80 Charge

Note that being apprehended or being charged for Driving Over 80 does not mean that you are automatically guilty or that you will automatically face conviction. The judge will be the person who will decide who is guilty. Your lawyer can come up with many legal defences to avoid a conviction for you. There are many times that the driver is deemed not guilty more so when the arresting officer did not strictly follow the rules of collecting evidence. If the evidence was not collected using the proper protocol and procedures, it is possible that the rights of the person who was arrested were violated. Arrests made with mistakes in protocol can be deemed unlawful or without basis. This is a strong defence that can be made by an experienced DUI lawyer.

Driving Over 80 and Legal Issues

Forming a solid defence for a charge of Driving Over 80 can be tricky, especially if there’s a DUI with bodily harm involved. There are a lot of things to consider including if you had been drinking recently as well as if you were truly over the limit while you were driving. Other considerations include when did the police give you the breathalyzer test as well as what time you were stopped from driving. All of these factors can have a huge impact on the outcome of your case.

One important thing is that no matter when you are arrested and what are the circumstances surrounding your arrest, you have the right to legal counsel. The police must inform you that you have the right to get a lawyer or they should get a lawyer for you if you don’t have one available. You must be allowed to speak in private to your lawyer and the police should respect your right to a lawyer as soon as possible. Unreasonable delays in getting you access to legal counsel can be used for your defence.

if you’d been arrested for Driving Over 80, you have the right to a trial within a reasonable time. During your trial, you must be proven guilty beyond a reasonable doubt to be convicted. For this to happen, the judge must be convinced of your guilt.

Contact an Over 80 Lawyer in Toronto Today

Over 80 VS Impaired Driving

Over 80 and impaired driving are somewhat similar criminal charges but are very different.


Impaired driving means the following:

  • When the police allege that the president’s ability to drive is impaired
  • When the person in question has consumed an alcoholic beverage regardless of the level of blood-alcohol

In contrast to the above, Driving Over 80 means the following:

  • Police has tested the driver and found that the driver’s blood-alcohol level is more than 80 milligrams per 10 decilitres of blood
  • Over 80 is based on the blood-alcohol level regardless of the person’s ability to drive

For someone to be charged with impaired driving, there must be evidence that the person was not driving normally; whereas, for someone to be charged with over 80, no evidence of abnormal driving is needed. It is possible for a driver to be charged with just one or both of these offences.

Breathalyzer Tests and Driving Over 80

Below are situations when the police can ask a driver to take a breathalyzer test:

  • When the police smell alcohol on the person’s breath
  • When the police have determined that the driver has care and control of a vehicle
  • When the person has been arrested for impaired driving
  • When the person admits to recent alcohol consumption to the police

Note that after the officer has informed the person of needing to provide a breath sample, refusal from the driver to give a breath sample or refusal to cooperate with getting the sample may result in a charge of Refusing A Breathalyzer.

Calvin Barry Law Can Defend Your over 80 Charge

We offer an obligation-free initial consultation at Calvin Barry Law. Rest assured that everything discussed will be held in complete privacy. Please note that you will be asked specific questions about your case during the initial consultation. Calvin Barry is a criminal lawyer based in Toronto with over 30 years of legal experience. Talk to us today if you have any questions regarding defending a charge of Driving Over 80.

To make sure that your legal rights are protected after you had been apprehended for a charge of Driving Over 80, you must make sure that you have an experienced DUI lawyer on your side. If you need legal advice or if you wish to speak to a DUI lawyer Toronto, contact Calvin Barry Law.

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Calvin Barry is an experienced criminal defence lawyer and an impaired driving lawyer in Toronto with more than 30 years of expertise navigating the law.

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