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EXPERIENCED OVER 80 LAWYERS IN TORONTO
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Experienced Defence for OVer 80 Charges in Toronto
Strength. Strategy. Success. Every Case, Every Client.
Charged with “Over 80”? That does not mean you should plead guilty. A lot of people assume that if they blew over the legal limit, the case is over. It isn’t.
“Over 80” charges are far more technical than most people realize, and a significant number of these cases in Toronto and across Ontario end in acquittals. This offence is very different from an impaired driving charge. It often turns on constitutional issues, procedural errors, or mistakes made by police during the investigation and testing process.
To secure a conviction, the Crown must prove much more than simply producing a breath reading. They must establish—beyond a reasonable doubt—that your blood alcohol concentration was over 80 mg at the time of driving, not just at the time the breath tests were taken at the station. That is a much harder task than it sounds.
Alcohol levels in the body are not static. At the time of driving, your blood alcohol concentration may have been rising (as alcohol was still being absorbed) or falling (as your body was metabolizing it). Breath tests are typically conducted well after the driving has ended, often an hour or more later. Accurately working backward to determine what your BAC was at the exact time of driving is scientifically complex and, in many cases, unreliable.
If a judge is left with a reasonable doubt that your BAC may have been under 80 mg at the time of driving, the law requires an acquittal. In some cases, expert toxicologists are called to address issues related to alcohol absorption, elimination, or the operation and reliability of the Intoxilyzer machine itself.
It is also important to understand that roadside screening tests are not proof of your actual blood alcohol level. They are used only to justify an arrest—not to prove guilt at trial.
An “Over 80” charge should never be treated as automatic. These cases require careful scrutiny, technical knowledge, and an experienced defence strategy. At Karzai Law, we have defended and gotten acquittals in many Impaired/Over 80 cases, call today for your free consultation.
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Over 80 Criminal Code provision
Operation while impaired
- 320.14 (1) Everyone commits an offence who
- (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
- (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
- (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
- (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
- Operation causing bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.
- Operation causing death
(3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.
Defending Impaired Driving Charges in Toronto
Our approach is proactive and detail-driven. We thoroughly review disclosure, analyze police notes and testing records, and assess whether your rights were respected at every stage of the investigation. Toronto DUI cases often involve complex roadside stops, dense urban traffic conditions, and delayed testing — all of which can create viable defence opportunities.
Our DUI defence strategies may include:
- Challenging whether police had reasonable grounds to stop or demand a breath or drug test
- Identifying Charter breaches, including unlawful detention or delay in testing
- Reviewing breathalyzer or blood-test procedures for calibration, timing, and operator errors
- Disputing drug-impaired driving evidence, including field sobriety and DRE assessments
- Examining whether medical conditions, fatigue, or anxiety affected test results
- Seeking reduced charges, withdrawals, or alternative resolutions where appropriate
If you are facing a DUI charge in Toronto, early legal advice is critical. A strong, strategic defence can make a meaningful difference in protecting your licence, record, and future.
Types of Impaired Driving Charges Under Canadian Law
DUI / Impaired Driving
An impaired driving charge requires the Crown to prove that a driver’s ability to operate a motor vehicle was negatively affected by alcohol or drugs. The court looks at how the driver functioned, including coordination, judgment, and overall control of the vehicle. Evidence may include observations of poor driving such as swerving, crossing lanes, or involvement in a collision. Police may also rely on physical signs like slurred speech, unsteadiness, bloodshot eyes, delayed responses, or the smell of alcohol.
Over 80
The offence commonly known as “over 80” applies when a driver’s blood alcohol concentration exceeds the legal limit, regardless of whether their driving appeared impaired. The Crown only needs to prove that the driver’s alcohol level was above 80 milligrams of alcohol per 100 millilitres of blood. This is typically established through breath samples analyzed by an approved testing device. In limited circumstances, police may demand a blood sample, but only when a breath sample cannot reasonably be obtained due to medical or practical reasons.
Refusing a Breath Sample
Refusing to provide a breath sample after a lawful police demand is a criminal offence in Canada. This applies to roadside screening devices as well as approved breath testing instruments at the police station. A refusal is treated as seriously as impaired driving or driving over the legal limit and can result in a criminal record, mandatory driving prohibitions, licence suspension, and significant insurance consequences. In some cases, an individual may face both refusal and impaired driving charges arising from the same incident.
FAQS About DUI & Impaired Driving Charges
DUIs under Sections 320.11 to 320.4 of the Canadian Criminal Code include:
- Driving Under the Influence
- Care and Control
- Failure to Provide a Breath Sample
- Over 80 Mgs BAC Reading
- Impaired Driving
The penalties vary on the severity of the charge as well any prior DUI charges on your record. They can range from a $2000 fine and a 12 month driving suspension for a first offence to 120 days of jail time along with a 36 month driving suspension for a third offence. All transportation offences carry a maximum penalty of 10 years.
A DUI charge can be removed from your record after 5 years upon receiving it. This will allow the record to be removed from public view, such as possible employers but law enforcement will still be able to access it. It is recommended to employ the services of a DUI lawyer when creating an application for removal.
