Practice Area
Over 80 Defence
Charged with driving with a blood alcohol concentration at or over the legal limit? An Over 80 charge is technical, science-driven, and defensible.
Overview
Understanding the charge.
In Ontario, it is a criminal offence to operate a motor vehicle with a blood alcohol concentration (BAC) of 80 milligrams of alcohol in 100 millilitres of blood or more, within two hours of driving. This is commonly known as an 'Over 80' charge and is prosecuted under section 320.14(1)(b) of the Criminal Code of Canada.
Unlike an impaired driving charge, the Crown does not have to prove that your ability to drive was actually affected. The case turns almost entirely on the breath readings and the procedures the police followed to obtain them — which is exactly where these files are won and lost.
Penalties & Consequences
What's at stake if you're convicted.
- Mandatory minimum $1,000 fine on a first offence — higher for elevated BAC readings
- Minimum 1-year driving prohibition and Ministry-imposed licence suspension
- Criminal record with lifetime immigration and travel consequences
- Mandatory Ignition Interlock and Back on Track program before reinstatement
- Significant insurance rate increases, often placing drivers into the high-risk market
Defences
Where these cases are most often won.
- Charter challenges to the roadside stop, detention, and right to counsel
- Improper or delayed breath demand under section 320.27 or 320.28
- Approved instrument calibration, maintenance, and qualified technician issues
- The 'two-hour' timing requirement and last-drink / intervening consumption defences
- Disclosure gaps — missing maintenance logs, in-car video, or officer notes
The Process
How we defend your file.
Free consultation
We review your charge, the circumstances of the stop, and the disclosure you have received.
Disclosure & expert review
We obtain full Crown disclosure and pass it to our team of former police officers and DUI experts for a forensic review of the breath testing and investigation.
Strategy & negotiation
We identify Charter issues and evidentiary weaknesses, then pursue withdrawal, reduction, or trial based on what will produce the best result.
Included in every retainer
A DUI-focused lawyer — plus former officers and experts.
Every over 80 defence file we accept is reviewed by our team of former police officers and DUI experts, at no additional cost. This second layer of investigative analysis is included in every flat-fee retainer.
- Case review by former police officers
- Expert analysis of testing and procedures
- Full Charter and evidence review
- Direct lawyer contact — not a case manager
- Flat-fee, no-surprises pricing
Related Practice Areas
Other impaired driving charges we defend.
Impaired Driving
Defence for allegations that your ability to operate a vehicle was impaired by alcohol.
Learn moreRefusal to Provide a Sample
Defence for charges of refusing or failing to comply with a lawful demand for a breath sample.
Learn moreImpaired by Drug
Defence for allegations of drug-impaired driving, including DRE assessments.
Learn moreRecognized By
Trusted memberships & professional affiliations
- Law Society of Ontario
- Court of Appeal of Ontario
- Criminal Lawyers Association
- Canadian Bar Association
- Brampton Board of Trade
- Halton Hills Chamber of Commerce
- Caledon Chamber of Commerce
- Mississauga Board of Trade
- Justia
Free & Confidential Consultation
Charged with a DUI? Every hour matters.
Speak directly with our team. We'll review the details of your charge, explain your options, and outline the defence strategy — with no obligation.