Impaired driving is one of the most serious traffic-related criminal offences in Ontario. It carries harsh penalties, long-term consequences, and a criminal record if convicted. One of the most common charges under this category is “impaired driving Ontario over 80 mg”, referring to driving with a blood alcohol concentration (BAC) that exceeds 80 milligrams of alcohol per 100 millilitres of blood.
But what does that really mean, and how does the law work in Ontario? Below, we break down the definition of “Over 80,” how it’s enforced, and what to expect if you’ve been charged.
What Does “Over 80” Mean in Ontario Law?
Under the Criminal Code of Canada, it is a criminal offence to operate a motor vehicle with a BAC exceeding 80 mg per 100 mL of blood. This is commonly referred to as an “Over 80” charge.
You do not have to appear drunk or impaired to be charged. The offence is based solely on your measured BAC level, typically determined by a breathalyzer or blood test administered by police after a lawful demand.
In Ontario, the legal limit is:
- 80 mg of alcohol in 100 mL of blood (0.08 BAC)
If you blow over 80, even slightly, you may be charged with impaired operation — a criminal offence with lasting consequences.
Impaired vs. Over 80: What’s the Difference?
Ontario police can lay one or more of the following charges depending on the circumstances:
- Impaired Operation — Driving while your ability is affected by alcohol or drugs
- Over 80 — Having a BAC above the legal limit
- Refusal to Comply — Refusing a lawful demand for a breath or blood sample
In many cases, drivers are charged with both impaired operation and Over 80. They are separate but related offences. You can be convicted of one, both, or neither depending on the evidence.
Penalties for Over 80 Charges
An Over 80 conviction comes with both criminal and provincial penalties.
Criminal Penalties (first offence):
- Mandatory criminal record
- Minimum $1,000 fine
- Mandatory driving prohibition (1 year)
- Potential jail time for repeat offences
Ontario Provincial Penalties:
- Immediate 90-day licence suspension
- 7-day vehicle impoundment
- Mandatory Ignition Interlock device
- Participation in the Back on Track program
- Substantial insurance increases or cancellation
What Happens After You’re Charged?
If you’re charged with Over 80, you’ll likely be released with a Promise to Appear and a court date. It’s critical to speak with a legal professional as soon as possible. Your lawyer or paralegal will:
- Request and review the disclosure (the evidence the Crown has against you)
- Look for Charter violations (e.g., improper roadside procedure)
- Examine whether the testing equipment was properly calibrated and operated
- Assess whether there are grounds to challenge the legality of the stop or demand
Possible Defences for Over 80 Charges
Every case is different, but common defences include:
- Unlawful stop or demand (violating your Charter rights)
- Breathalyzer device not properly maintained or calibrated
- Timing of the test not aligning with when you were actually operating the vehicle
- Identity issues or no proof you were the driver
- Rights to counsel were not properly explained or respected
Even if the Crown has a strong case, your legal representative may be able to negotiate a plea to a lesser offence or explore diversion options, depending on your history and the facts of the case.
Why You Need Legal Representation
An Over 80 charge is not a minor traffic offence. It is a criminal matter that can impact your ability to work, travel, and maintain insurance. The sooner you consult with a professional, the better your chances of building a strong defence.
At The Traffic Lawyers, we focus exclusively on defending driving-related offences. We understand the system, the local courts, and how to fight these charges effectively.
Facing an Over 80 Charge in Ontario?
If you’ve been charged with impaired driving or blowing Over 80, you don’t have to face it alone. We offer clear guidance, strong defence strategies, and experienced courtroom representation.
Contact us today for a confidential consultation and take the first step toward protecting your future.
