Impaired Driving & Over‑80mg
Being pulled over for impaired driving or blowing over the legal limit can feel like your life is suddenly flipped upside down. You might be afraid of losing your licence, your job, or even your freedom. These charges are serious—but they don’t define you. And you don’t have to face this alone.
I’ve spent years defending people in Brampton and the Peel Region who found themselves in exactly your shoes. Whether it’s your first time or a repeat situation, I’ll walk you through your options, defend your rights, and help you fight for the best possible outcome.
What Is Impaired Driving in Ontario?
Under Canadian law, you can be charged with impaired driving if your ability to operate a vehicle is affected by alcohol, drugs, or a combination of both. This includes legal or prescription drugs if they impair your ability to drive safely.
Common charges include:
- Impaired Driving by Alcohol or Drug
- Driving with a Blood Alcohol Concentration (BAC) Over 80mg
- Failure or Refusal to Provide a Breath Sample
- Care or Control While Impaired
Even if your car wasn’t moving, simply being in care or control of the vehicle while impaired can lead to a charge.
Legal Limits and What ‘Over 80’ Means
The legal limit in Canada is a blood alcohol concentration (BAC) of 80 milligrams of alcohol in 100 millilitres of blood (0.08%). If your BAC is at or above this level, you can be charged—even if you feel fine.
For drivers under 21, novice drivers, and commercial drivers, zero tolerance rules apply. That means even a small amount of alcohol or cannabis can result in a licence suspension.
Common Real-Life Scenarios Leading to Charges
- Leaving a Party: You had a few drinks and felt okay to drive, but a roadside test says otherwise.
- Pulled Over After a Tip: Someone reported your driving. Police stop you and demand a sample.
- Sleeping It Off: You’re in your car, parked, keys in hand—but police charge you with care or control.
- Prescription Drug Confusion: You took medication legally but were unaware of its effect on driving.
Penalties for Impaired or Over 80mg Driving
The penalties are steep and increase with repeat offences.
First Offence:
- Minimum $1,000 fine
- 1-year licence suspension
- Enrolment in an education or treatment program
- Ignition interlock device required for 1 year
- Minimum 30 days in jail
- 3-year licence suspension
- Mandatory education/treatment
- Interlock device for at least 3 years
Third Offence:
- Minimum 120 days in jail
- Lifetime licence suspension (may be eligible for reinstatement after 10 years)
Additional Consequences:
- Skyrocketing insurance premiums
- Criminal record
- Border crossing issues (e.g., the U.S.)
- Employment challenges
Defence Strategies for Impaired Driving
Every case is different, and there’s no one-size-fits-all approach. Here’s how I typically help clients:
1. Challenge the Validity of the Stop
Did the officer have legal grounds to pull you over? If not, the charge could be dismissed.
2. Question the Accuracy of the Breath Sample
Breathalyser machines aren’t flawless. We can examine calibration, timing, and operator error.
3. Examine the Time Gap
Were you tested long after driving? Alcohol levels can rise over time, and that may work in your favour.
4. Raise Charter Rights Violations
If your rights were violated (e.g., no access to a lawyer), we can push to exclude evidence.
5. Argue No Intent in Care or Control Cases
If you were parked and had no intention to drive, we can fight that charge.
Should You Plead Guilty or Fight the Charge?
That’s a big question—and one I help answer case-by-case. Sometimes a guilty plea with a reduced sentence is best. Other times, fighting all the way to trial gives you a real shot at walking free. What matters most is understanding your options clearly and choosing the path that works for your future.
Why You Need a DUI Lawyer
Impaired driving law is complex, and the stakes are high. A good lawyer doesn’t just argue in court—they protect your life outside of it. I’ll explain the process in plain English, keep you informed every step of the way, and fight for your best result.
You deserve a fair shot, no matter what happened.
Let Me Help You Rebuild
Maybe it’s your first time in legal trouble. Maybe you’re worried about your job, your family, or your future. That’s normal. I’ve helped people from all walks of life—nurses, delivery drivers, construction workers, new immigrants—get through this and move on with dignity.
You’re not alone. And this one mistake doesn’t define you.
FAQ: Impaired & Over 80mg Driving Charges in Ontario
Can I get a criminal record for impaired driving?
What’s the difference between impaired driving and Over 80?
Will I lose my licence automatically?
Can I fight the charge if I wasn’t driving?
What’s an ignition interlock?
What if I need to drive for work?
Speak Directly with an Experienced Criminal Lawyer
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Impaired Driving - Case Results
Driving 80 km Over the Limit Reduced to 29 km – Barrie (A.B.)
Client was charged with significant stunt related driving charges on the 400 series highways after involvement and discussions with the crown client was charged with driving 80 kilometres over the limits I was successful in having the crown reduce the charge to 29 kilometers over the limit thereby saving significant points on this young individuals record and avoided significant insurance increases as a result of the excellent resolution of the case
Driving While Impaired by Cocaine & No Jail Time – Brampton (T.J.)
Client was highly addicted to numerous types of drugs and ended up getting into a minor car accident after discussions with the crown and the client undergoing significant counseling and treatment the crown withdrew the most significant charge and agreed to no jail as a result of the resolution of the case the client saved their job livelihood and was able to continue to work and support their family.
5th Impaired Driving Charge & No Jail Time – Brampton ( A.A)
Client charged with his 5th impaired driving charge as a result of discussions with the crown and issues involving the case I was successful in having the crown to agree that jail could be avoided and the notice of increased penalty not be filed if the client resolved his matter as a result client was spared a significant minimum jail time. Was extremely lucky and happy with the result especially given his record.
Impaired & Over 80 Charges Withdrawn, Careless Driving Substituted – Mississauga ( N.B)
Client stopped on the 400 series highways for erratic driving after somebody called the police police attended smelled an odor of alcohol and as a breath arrested him for impaired and over 80 after reviewing the evidence and flaws in the case a suggestion was presented to the crown attorneys office that this may be appropriate for I hate careless driving the crown agreed all charges were withdrawn avoiding a criminal record and a conviction.
Impaired & Fail to Remain Charges Withdrawn After Restitution – Brampton (A.S.)
Client charged with the above offences after getting into a car accident leaving the scene of the accident there were no injuries and relatively minor damage client was arrested a short time later provided relatively low samples however due to the accident the crown was proceeding on the case after discussions with the crown client paid restitution for the damages charges were withdrawn.
Impaired & Over 80 Charges with Injury, No Jail Time – Brampton (S.S.)
Client charged with impaired over 80 after causing an accident where somebody was injured on the 400 series highways after reviewing all of the disclosure and having conversations with the crown and outlining some of the flaws in the case the crown agreed to know custody for the client and avoiding jail time due to the injuries suffered by Z complainants.