Experienced Driving Over 80 Defence Lawyers in Toronto
Being charged with driving over 80 in Toronto is a serious matter that can result in a criminal conviction, loss of driving privileges, fines, jail time, and long-term consequences for your career, insurance, and future. In Canada, driving with a blood alcohol concentration (BAC) of over 80 milligrams of alcohol per 100 millilitres of blood is a criminal offence under the Criminal Code. This charge often follows a breathalyzer test administered after a lawful roadside stop.
If you’re facing a charge of Over 80, don’t wait. The penalties are severe, but with an experienced criminal defence lawyer, you may be able to challenge the evidence, protect your record, and avoid the harshest consequences. Contact Kazandji Law today at 647-560-7721 for a free consultation.
What Is a “Driving Over 80” Charge?
Under Section 320.14(1)(b) of the Criminal Code of Canada, it is illegal to operate, or have care or control of a motor vehicle, while your BAC exceeds 80 mg of alcohol per 100 mL of blood. This charge—commonly referred to as “Over 80”—applies even if:
- You appear sober at the time of the stop
- There is no evidence of impaired driving (weaving, erratic driving, etc.)
- You were not driving but were in the vehicle and capable of operating it
In other words, simply blowing over the legal limit on a breath test can be enough for the Crown to proceed with charges—even without visible signs of impairment.
Over 80 vs Impaired Driving: What’s the Difference?
Many people confuse Over 80 with Impaired Driving, but they are legally distinct charges.
Impaired Driving
- Involves observable signs of impairment (e.g. slurred speech, unsteady movement, bloodshot eyes)
- Can involve alcohol, drugs, or a combination of both
- No breath test is required for a conviction—the officer’s observations alone can be used as evidence
Over 80
- Relies on scientific evidence (breathalyzer or blood test)
- Requires a BAC of 80 mg or more per 100 mL of blood
- Does not require proof of poor driving performance
You can be charged with both offences simultaneously, but the Crown must still prove each charge independently.
Penalties for Driving Over 80 in Toronto
A conviction for driving over 80 carries mandatory minimum penalties in Canada and can have a devastating impact on your life.
First Offence
- Minimum fine of $1,000
- 90-day driver’s license suspension (Immediate Roadside Sanctions under Ontario’s administrative penalties)
- Mandatory ignition interlock device for 12 months
- Criminal record, which can affect employment and travel
- Sharp increase in car insurance premiums
Second Offence
- Minimum 30 days in jail
- Longer license suspension
- Heavier fines
- Increased insurance consequences
- Longer interlock period
Third or Subsequent Offence
- Minimum 120 days in jail
- Lifetime driving ban (with possibility of reinstatement)
- Lifetime criminal record
- Major barriers to employment, immigration, and travel (especially to the U.S.)
What the Crown Must Prove to Convict You
To secure a conviction for Over 80, the Crown must prove beyond a reasonable doubt that:
- You were driving, or in care or control of a vehicle
- The incident occurred at a specific time, date, and location
- You had a BAC over 80 mg/100 mL, proven by breath or blood samples
- The breath or blood samples were obtained lawfully, and within the required timeframes (generally within two hours of the offence)
If there is a flaw in the breath testing procedure or a Charter rights violation, your lawyer may be able to get the evidence excluded, leading to a dismissal of the charges.
Common Defences to an Over 80 Charge
Many Over 80 cases are winnable when handled by a skilled lawyer. At Kazandji Law, we explore every angle and build a defence tailored to your circumstances.
Potential Defences Include:
- Unlawful traffic stop or detention
- Improper administration of the breathalyzer test
- Delayed or inaccurate test results
- Violation of your Section 8 or 10 Charter rights
- Lack of care or control (e.g., sleeping in a parked car)
- Rising blood alcohol defence (your BAC was under 80 at the time of driving but rose afterward)
- Errors in police documentation or chain of custody
Our team works with forensic toxicologists, breathalyzer experts, and investigators to identify the weaknesses in the Crown’s case.
Why You Need a DUI Defence Lawyer in Toronto
Being charged with Driving Over 80 can feel overwhelming. You may be tempted to plead guilty—especially if your breath test showed a BAC above the legal limit. But doing so without legal advice can result in permanent consequences that could have been avoided. At Kazandji Law, we offer:
- Deep knowledge of Ontario DUI laws and court procedures
- Proven track record of successfully challenging DUI evidence
- Strategic negotiation with the Crown Attorney for reduced charges or withdrawal
- Representation at all court appearances so you don’t have to face the system alone
We also accept Legal Aid and offer flexible payment options to ensure you have access to strong legal representation regardless of your financial situation.
Frequently Asked Questions
Can I fight an Over 80 charge if I blew over the limit?
Yes. Breath test results can be challenged based on technical errors, Charter violations, or improper police procedures. A lawyer can help identify if your rights were breached.
What if I wasn’t actually driving?
If you were in the car but not operating it (e.g., sleeping in the driver’s seat), the Crown must prove you had care or control. This is a key area where a lawyer can build a strong defence.
How long will my license be suspended?
For a first offence, Ontario imposes an automatic 90-day suspension. After a conviction, you’ll face longer suspensions, plus mandatory ignition interlock requirements.
Contact Kazandji Law: Your Driving Over 80 Defence Lawyers in Toronto
Don’t let one mistake define your future. A charge for driving over 80 doesn’t mean a conviction is guaranteed. The sooner you speak with an experienced DUI lawyer, the more options you have to protect your license, your record, and your livelihood. We defend clients across Toronto, Peel, Durham, York Region, and surrounding areas—and we’re ready to fight for you.
📞 Call Kazandji Law at 647-697-5975 to schedule a free consultation