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
Trust is everything in a criminal case. Let me earn your trust today with a complimentary consultation. 100% confidential.
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Impaired Driving - Case Results
J.B. – BRAMPTON | Charges: Impaired Driving by Drugs | Outcome: Dismissed After Trial (Not Guilty)
Officers found the client slumped over in the driver’s seat of a running vehicle, with fresh vomit outside the door. During cross-examination at trial, defense counsel highlighted several critical inconsistencies in the state’s evidence. Following closing arguments, the judge found the client not guilty.
A.R. – BRAMPTON | Charges: Repeat Impaired Driving / Driving Offenses | Outcome: Conditional Sentence (No Jail Time)
The client had a severe driving record involving accidents and multiple alcohol-related offenses, leading the Crown to seek a 14-month jail sentence. Defense counsel negotiated narrowed facts with the prosecutor and presented a compelling case to the judge. The court ordered a conditional sentence, allowing the client to keep his job and avoid custody.
M.L. – ORANGEVILLE AND BRAMPTON | Charges: 20+ Counts (Impaired Driving by Drugs, Fentanyl Possession, Identity Theft, Uttering Forged Documents, etc.) | Outcome: Pled Guilty to 2 Counts; Probation Granted; Remaining Charges Withdrawn
The client’s offenses stemmed from a severe substance addiction. Defense counsel established a structured rehabilitation plan involving private counseling to demonstrate clear behavioral progress. This convinced the court to accept the client into Drug Treatment Court, significantly reducing his charges, avoiding jail time, and placing him on a path toward long-term recovery.
A.S. – NEWMARKET | Charges: Uttering Threats, Assault, Breach of Conditions, Impaired Driving / Over 80, Criminal Harassment | Outcome: All Charges Withdrawn
The client was initially charged with domestic-related offenses and later charged with breach of conditions, impaired driving, and criminal harassment. As a car salesman, a criminal record would have ruined his career and his ability to support his family. After a thorough case review, the prosecution agreed that proceeding was not in the public interest. All charges were withdrawn upon the client signing a peace bond.
A.P. – BRADFORD | Charges: Impaired Driving / Over 80 | Outcome: Charges Withdrawn
A civilian contacted police after seeing the client drive erratically. Shortly after, officers arrested the client inside a business establishment. However, prosecutors could not establish a link between the client’s driving and his presence inside the business, meaning they could not prove the driver’s identity. All charges were withdrawn.
T.H.-BARRIE-Dangerous operation -over 80-charge is withdrawn
The client was charged after a report made however police did not arrive on scene and went to the client’s house he was already in his house the police entered his house and arrested him after trial the charges were withdrawn against him based on the Charter application, I brought that his Section 8 rights were violated.