How an over 80 charge is proven
Over 80 is a common term for the offence of operating a motor vehicle with more than 80 milligrams of alcohol per one hundred milliliters of blood (i.e., 80 mg/100 mL). This is over the legal limit and it is an offence to drive with concentrations of alcohol in your system above this amount.
Unlike the charge of impaired driving, there is no requirement that the alcohol adversely affect driving abilities. Over 80 cases often turn on what happened at the roadside and the reliability of the breath testing process. For rights-related background, it also helps to read about your rights during breath testing and refusal allegations at the roadside.
Learn more about our team that defends over-80 and related drinking-and-driving charges.
What happens after arrest
Officers can require that a person suspected of having a high blood alcohol level take a breathalyzer test and/or perform field sobriety tests such as walking in a straight line or reciting the ABCs backwards. Refusing to submit to these demands can lead to a charge of refusing to comply which carries similar punishments to the over 80 offence.
Only one charge of impaired driving or refusal to comply can be laid for a single incident of operating a motor vehicle while under the influence of drugs or alcohol. This means that if you are found guilty of failure to comply, you cannot also be convicted of over 80 for the same set of circumstances.
Penalties and consequences
The punishments for over 80 can be very severe, especially for repeat offenders or if a person is injured or killed. Depending on the circumstances, life imprisonment is an available sentence. Even with less extreme punishment, such as the fine of $1,000 for a first time offence where no one was harmed, there are other consequences of a conviction for over 80.
The Criminal Code mandates that persons convicted of over 80 are prohibited from driving for a certain amount of time. The minimum time limits vary depending on the number of prior impaired driving or over 80 offences. Insurance companies can also increase rates or cancel policies.
Aggravating factors
When deciding on the appropriate level of punishment, judges must consider aggravating factors. In addition to the more general factors considered for all offences, such as the age or status of the victim, the offence of over 80 has a specific aggravating circumstance that can increase a sentence. If the blood alcohol concentration was over 120 mg/100 mL of blood, or twice the legal limit, the court is likely to hand out a more severe punishment.
Defences and legal advice
Having a lawyer by your side throughout this ordeal can be an enormous help. If you are considering a deal from the Crown, a lawyer can discuss and negotiate the terms and conditions of possible plea agreements. If you decide to proceed to trial, based on the specific facts of your case, an experienced lawyer can make many arguments on your behalf, including the possibility that the breath testing equipment was faulty or malfunctioning.
A skilled Toronto DUI lawyer can even help navigate the confusing aftermath of conviction that includes finding insurance and having driving privileges restored.
FAQ
What is an over 80 charge?
It is a charge alleging a blood alcohol concentration over the legal limit (more than 80 mg of alcohol per 100 mL of blood) while operating a motor vehicle.
How is it different from impaired driving?
Impaired driving focuses on impairment of ability, while over 80 focuses on the alleged alcohol concentration. The evidence and defenses can overlap, but the legal theory is different.
What happens after arrest?
It depends on the circumstances, but it often includes breath demands, release conditions, and a court process where disclosure and the testing records are reviewed.
What penalties apply?
Penalties depend on the facts, any prior record, and whether the allegation involves injury or other aggravating factors. Even on a first offence, the consequences can include a criminal record, a driving prohibition, fines, and major insurance consequences.
Can I lose my licence?
Yes. Over 80 convictions can result in court-imposed driving prohibitions, and there may also be separate administrative consequences that affect your licence before the criminal case is finished.
What defences may apply?
That depends on the evidence. Issues may include the lawfulness of the stop or demand, whether the testing process was followed properly, and whether the Crown can prove the breath results in the manner required by law.
Over 80 Charges in Barrie and Simcoe County
The Law Firm of Ted Yoannou appears regularly at the Barrie courthouse on Over 80 and impaired driving charges for clients from across Simcoe County. If you are facing an Over 80 charge in Barrie, Collingwood, Orillia, or another Simcoe County community, our team can advise you on the strength of the Crown’s case, the testing procedures used, and the realistic range of outcomes. For background information on Ontario’s driver licence rules for senior drivers, see over-80 driving licence restrictions.
Learn more about Barrie-area representation at Barrie Criminal Lawyers.