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Driving Over 80 mgs: Legal Consequences & Defense Strategies

The amount of alcohol that is legally allowed in a driver's bloodstream is specified by the Criminal Code as a legal limit or threshold.


A driver may be charged with the criminal offence of Driving Over 80 mg if their blood alcohol content (BAC) exceeds 80 mg per 100 ml of blood. In Canada, operating a vehicle over 80 mph entails serious consequences, such as the possibility of a criminal record and licence suspension. 

The blood alcohol reading provides the police and courts with information about the motorist's alcohol consumption. However, a reading above 80 mg does not necessarily mean that the driver was impaired or visibly intoxicated. A reading above 80 milligrams indicates that the breathalyzer test detected more alcohol than legally permitted. This measurement is commonly referred to as the "BAC Level," or "blood alcohol concentration."

Contact RRM Law to explore your defense options and mitigate severe consequences if you have been arrested for this offence.


Penalty for UTI

Penalties for driving over the legal limit may include:

  • Mandatory installation of an ignition interlock device

  • A mandatory 90-day licence suspension

  • A permanent criminal record

  • Vehicle impoundment

  • Fines ranging from $1,000 to $2,000

  • Potential incarceration for serious or repeated offences

  • Significant increase in insurance premiums

  • A one-year licence suspension

  • Additionally, individuals employed in driving-related jobs may face professional repercussions.

The Criminal Code of Canada defines a motor vehicle as any apparatus with an engine, including farm machinery and construction equipment, even when it is used on private property.


Challenging a "Drive Over 80" Charge

Even though being charged with driving over 80 mg might seem to imply automatic guilt, it's crucial to understand that:

  • The judge, not the police, decides who is guilty.

  • Several legal defenses may be available in certain situations.  

  • Errors in police procedures and evidence collection can occur, potentially impacting the outcome of the case.


Police are required to follow strict procedures for gathering evidence when someone is arrested for a blood alcohol content (BAC) above 80. Any errors or violations of rights in this process could significantly affect the charge. Impaired driving and driving over 80 milligrams are two separate crimes, each with specific requirements and legal ramifications.


Police refer to a driver's ability to operate a vehicle being compromised by alcohol or drug use as impaired driving. The central issue is the driver's diminished capacity to drive safely, regardless of the specific level of intoxication or blood alcohol concentration. 

Whereas,  Driving Over 80 Milligrams is determined solely by the results of a breathalyzer test, where the blood alcohol concentration exceeds 80 milligrams per 100 milliliters of blood. This charge is based on the BAC level and does not consider whether the driver’s ability to operate the vehicle is impaired.

Our criminal defense team, which includes former Toronto police breathalyzer technologists and alcohol toxicologists, brings extensive courtroom experience. We are well-equipped to provide a robust defense on your behalf.


Driving over 80mg and Breathalyzer Test Regulations

Police officers are empowered to demand a breathalyzer test from a driver under various circumstances:

  • When the driver is operating a motor vehicle, whether it is in motion or parked.

  • Following an arrest for impaired driving, based on the officer's observations or other evidence.

  • If the officer notices the smell of alcohol on the driver’s breath, indicating recent drinking.

  • When the driver acknowledges drinking alcohol before or during driving.


It is important to recognize that refusing to provide a breath sample when requested by law enforcement can lead to charges for refusing to take a breathalyzer test. This refusal has its own legal consequences.


Legal Concerns & Driving Over 80 mg

When preparing a legal defense for a case involving driving with a blood alcohol concentration (BAC) over 80 milligrams, several key legal issues are meticulously examined:

  1. Drinking: This factor evaluates whether your BAC was above the legal limit while you were driving, after driving, or at the police station.

  2. Timing: Timing is a key element in DUI cases, affecting the accuracy and interpretation of BAC results. - was it administered soon after your arrest?

  3. Rights to Counsel: The police have a duty to advise you of your legal rights, make it easier for you to see an attorney, and protect your privacy while you are having a consultation.

  4. In a timely manner that is reasonable:  Any unwarranted delays in the procedure must be avoided by law enforcement. This entails making arrests and giving breathalyzer tests on time. Maintaining the integrity of the legal process depends on adhering to the "as soon as reasonably possible" criterion.

  5. The right to a trial in a reasonable amount of time: Your trial must take place within a time range that the law deems reasonable. Case dismissal may occur from delayed trials that violate the Canadian Charter of Rights and Freedoms.- guaranteed by the Charter is the right to a trial within a reasonable time frame.

  6. Proof Beyond a Reasonable Doubt: The judge must have no reasonable doubt about the driver's guilt. Due to the stringent burden of proof, any uncertainty regarding guilt should lead to the dismissal of the charges. The principle of "proof beyond a reasonable doubt" is crucial in criminal law to avoid wrongful convictions. Understanding the intricacies of the law is vital in crafting a defense strategy to ensure your rights are upheld and all procedures are conducted legally.


You do not have to navigate this situation on your own. Exceptional legal support is available at RRM Law in Brampton, Ontario.

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