Over 80 Criminal Charges in Ontario, Canada

Operation while impaired - blood alcohol concentration of 80 plus under Section 320.14(1)(b) of the Criminal Code

Most DUI cases will have evidence via an approved screening device (ASD), intoxilyzer breath sample taken at the police station, or a blood test confirming that the accused’s blood alcohol level was over 80 mg per 100 ml. Those who blow a warn range or under will normally be let go with a caution or be charged with an HTA provincial offence and have their car impounded for 7 days. If the readings come back as over 80 however criminal charges will almost always be laid in Ontario if the police believe the accused was in care and control of the vehicle at the time.

If the accused is charged they will normally receive a Form 9 Appearance Notice, a Form 10 Undertaking, or a Form 11 Release order for the charge listed as CC s. 320.14(1)(b). This stands for Criminal Code of Canada Section 320.14(1)(b).

Even if the accused’s readings are below this amount they can still be charged and convicted if the police believe and ultimately the court finds they were impaired, but normally the readings are over 80. Just because someone’s test readings are over 80 does not mean they will be found guilty or convicted if the case goes to trial. Sometimes the charges can be dropped beforehand by the Crown Attorney. In Ontario, Crown Attorneys will sometimes agree to drop the charges if the reading is close to 80 or there are problems with how the police conducted their investigation and treatment of the accused.

Factors that can be used by defence lawyers to get DUI charges dropped in Canada often include alleging that the accused’s Charter of Rights and Freedoms rights were violated or the testing was wrong.

Sometimes the evidence was not properly or illegally gathered, or that the accuracy of the breath testing machine/equipment was flawed. Breath testing machines have to be maintained and calibrated correctly to secure a conviction (3 inch thick manuals to follow). Many impaired driving cases are won by establishing that the proper procedures were not followed in the accused’s specific case.

Just because someone blows or is tested to be over 80 mgs per 100 ml of blood, or way over 80, does not mean they do not have a chance of being found not guilty and acquitted. It also does not mean the Crown Attorney will not agree to drop their case without having to go to trial. Many accused assume that they have no case and plead guilty when in fact they stood a really good chance of getting their charges dropped or winning an acquittal if a criminal DUI lawyer was representing them from the beginning. If the issues are not credibly raised they will not be taken into consideration and heard.

Being found guilty of an over 80 impaired driving offence always results in a criminal record (conviction) in Canada.

There is no such thing as a “pardon” in Canada, only a “records suspension”. It never completely goes away. Anyone who is charged with impaired over 80 should have a criminal lawyer review their case before pleading guilty as many cases are able to be dropped/withdrawn or acquitted and won at trial despite the accused assuming otherwise. All judges in Ontario are required to sentence the accused to a criminal record if they are found guilty (an absolute or conditional discharge is not an available sentencing option in DUI cases).


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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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