How Do You Defend Yourself Against Driving Over 80 Charges?
July 30 2025, Published 1:30 a.m. ET
A DUI involving alcohol is a punishable offence in Canada. You can face serious consequences, especially if your blood alcohol concentration (BAC) is over 80. If you ever get into this situation, you must consider hiring a legal expert for guidance. Without their support, defending yourself can be difficult. Criminal charges will affect you personally and professionally. To understand the risks, you first need to know everything about the over 80 charges and their penalties in Canada.
Driving over 80 charges
One of the provisions under the Canadian Criminal Code states that anyone whose BAC tests indicate the presence of more than 80 milligrams of alcohol per 100 millilitres of blood may be charged with a criminal offence. Violating this threshold makes your driving unlawful because of alcohol. In other cases of impaired driving, observed impairment is also taken into consideration. However, over 80 charges are entirely based on your BAC results. Your breath and blood may be tested.
Over 80 vs. impaired driving
DUI-related cases under Canadian law are judged based on two types of charges: Driving Over 80 and impaired driving. Many people don’t understand these charges well. That’s why hiring a knowledgeable legal defence lawyer is necessary to address these legal troubles. Your lawyer can explain the difference between these two charges well.
· Impaired driving charges apply if a driver’s ability is affected by drugs or alcohol, regardless of their BAC. Signs such as slurred speech, poor coordination, and erratic driving are considered.
· Driving over 80 offence is solely determined by your BAC. Age, experience, and other factors may not matter.
Ways to detect over 80 offences
To determine the offence, a police officer may first stop you in traffic after observing your driving behaviour, speech, and appearance. They can also ask you to give a roadside breath test, even if there is no suspicion. Suppose they suspect impairment. Then, you may have to provide several field sobriety tests. These examinations show your cognitive and coordination abilities. After this, two more breathalyzer tests can be conducted at the police station for accuracy. If your BAC is over 0.08%, you may be arrested and required to take more tests. The results will be submitted to the court. Those who don't give a breath sample often face hefty fines, license suspensions, criminal charges, etc.
If you are a first-time offender, your license can be suspended for 90 days. The vehicle can be impounded for seven days. You are required to undergo an alcohol treatment and awareness program. Many other consequences may also follow. The level of penalties can be severe for repeat offenders. They cannot escape jail time.
Defence against over 80 charges
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Whether you’re a first-time, second-time, or repeat offender, a top-rated lawyer Mitch Engel can help you come out of this situation. Suppose the police stop you without reasonable grounds and have no evidence against you. Due to effective legal representation, your charges may be dropped. They can also argue that the breathalyzer test results are faulty or that there is insufficient evidence to prove impairment. Other strong defence tactics can also be employed.
Hence, it’s always better to seek legal advice, whether or not you’re guilty of an over 80 offence. If you are jailed, your reputation will be severely damaged.
