Impaired Driving, Over 80 & DUI Charges in Ontario
Legal information and defence resources for people facing impaired driving, Over 80 and refusal allegations in Toronto and throughout Ontario.
Understanding Impaired Driving and Over 80 Charges in Ontario
Impaired driving charges can have immediate consequences for your driver’s licence, your vehicle, your employment and your future. This Resource Centre explains common impaired driving and “Over 80” issues in Ontario, including roadside testing, breath demands, refusal allegations, licence suspensions, court proceedings and potential defence issues.
Under s. 320.14 of the Criminal Code, impaired-operation offences include operating a conveyance while a person’s ability is impaired to any degree by alcohol or a drug, as well as having a blood alcohol concentration of 80 mg or more of alcohol in 100 mL of blood within two hours after ceasing to operate, subject to statutory exceptions.
The information below is general information, not legal advice. The facts of every impaired-driving case are different. If you have been charged, a criminal defence lawyer can review the evidence, the police investigation and the circumstances of any breath or blood testing.
“DUI” is a commonly used term for driving under the influence. In Canada, the specific Criminal Code charge may involve impaired operation, a prohibited blood alcohol concentration, or failing or refusing to comply with a lawful demand.
Explore the Impaired / Over 80 Resource Centre
Learn about impaired driving allegations, breath testing, licence suspensions, the court process and potential defence issues.
What Is an Impaired Driving Charge in Ontario?
An overview of impaired operation, alcohol- and drug-related allegations, and the difference between impairment and blood-alcohol concentration offences.
Read Article → 02What Does “Over 80” Mean in Canada?
How the Criminal Code BAC threshold works and why the offence focuses on blood alcohol concentration within two hours after driving.
Read Article → 03What Happens After an Impaired Driving Charge in Ontario?
A step-by-step overview of roadside interaction, arrest, testing, release, licence consequences and the criminal court process.
Read Article → 04Can an Impaired Driving Charge Be Dismissed?
An overview of why outcomes depend on the admissible evidence, Charter issues, reliability of testing and the Crown’s ability to prove every element beyond a reasonable doubt.
Read Article → 05Do I Have to Provide a Breath Sample in Ontario?
An explanation of lawful breath demands, roadside screening and the separate criminal offence of failing or refusing to comply without a reasonable excuse.
Read Article →Understanding Impaired Driving and Over 80 Charges
What is impaired driving?
Impaired driving is not limited to a particular blood alcohol reading. Section 320.14(1)(a) of the Criminal Code makes it an offence to operate a conveyance while a person’s ability to operate it is impaired to any degree by alcohol, a drug, or a combination of alcohol and a drug. The prosecution must prove the elements of the specific offence charged beyond a reasonable doubt.
What does “Over 80” mean?
The phrase “Over 80” is commonly used to describe the offence in s. 320.14(1)(b) of the Criminal Code. The provision applies where a person has a blood alcohol concentration equal to or greater than 80 milligrams of alcohol in 100 millilitres of blood within two hours after ceasing to operate a conveyance, subject to statutory exceptions. A person can therefore face an impaired-operation allegation, a BAC-based allegation, or both, depending on the circumstances.
Roadside Testing, Breath Samples and Licence Consequences
What happens at the roadside?
Police have statutory powers relating to alcohol and drug screening. Depending on the circumstances, an investigation may involve an approved screening device, physical observations, sobriety testing, a drug evaluation, or further breath or blood testing. What the police observed, what demands were made, whether the legal requirements for those demands were satisfied, and how testing was conducted can all become important parts of the case.
Do I have to provide a breath sample?
Failing or refusing to comply, without a reasonable excuse, with a lawful demand made under the Criminal Code is itself a criminal offence under s. 320.15. A refusal allegation is separate from an allegation that a person drove while impaired or had a prohibited blood alcohol concentration. Anyone charged with refusal should obtain legal advice about the precise demand, the circumstances of the alleged non-compliance and whether a reasonable excuse is in issue.
What happens to my driver’s licence?
Ontario imposes administrative driving consequences in addition to the criminal court process. For conduct in the province’s impairment category, Ontario currently describes an immediate 90-day licence suspension and a seven-day vehicle impoundment, along with an administrative monetary penalty and education or treatment requirements. A criminal conviction can result in additional licence suspensions and ignition-interlock requirements. The applicable consequences can depend on the driver’s history, licence class and the circumstances of the case.
Penalties and Defending an Impaired Driving Charge
What are the criminal penalties?
Section 320.19 of the Criminal Code sets penalties for offences under ss. 320.14(1) and 320.15(1). For a first offence, the general mandatory minimum is a $1,000 fine. Higher minimum fines apply to specified higher BAC readings, and a first refusal offence carries a minimum $2,000 fine. Repeat offences carry mandatory minimum periods of imprisonment. Maximum penalties and sentencing consequences depend on how the Crown proceeds and on the particular offence and facts.
Can impaired-driving charges be defended?
Yes. A charge is an allegation, not a conviction. The Crown must prove the offence beyond a reasonable doubt using admissible evidence. Depending on the case, defence counsel may examine whether the Crown can prove operation, impairment or the relevant BAC; the legality and timing of police demands; the reliability and continuity of testing evidence; disclosure; statements; and potential Charter issues. The availability and strength of any defence are fact-specific.
Charter issues in impaired-driving cases
Impaired-driving investigations can engage Charter protections, including rights relating to detention, access to counsel, unreasonable search and seizure, and trial within a reasonable time. A Charter issue does not automatically result in a charge being dismissed. Courts apply specific legal tests to determine whether a breach occurred and, where applicable, what remedy should follow.
Why early legal advice matters
Impaired-driving cases can involve police notes, body-worn or cruiser video, screening-device information, breath-test records, disclosure about approved instruments, witness evidence and time-sensitive licensing consequences. Early legal advice can help an accused understand the allegation, preserve relevant information and identify the issues that require closer review.
Impaired Driving and Over 80 FAQs
Can I be charged even if I did not feel drunk?
Yes. The Criminal Code contains different offences. One concerns impairment of the ability to operate, while another concerns having a BAC at or above the statutory threshold within two hours after ceasing to operate. The evidence required depends on the charge.
Is 0.08 the only alcohol limit that matters in Ontario?
No. Ontario also imposes provincial consequences in the “warn range” for BAC readings from 0.05 to 0.079, and zero-alcohol or zero-drug rules apply to certain categories of drivers. These provincial consequences are distinct from a criminal conviction.
What if this is my first impaired-driving charge?
A first charge can still carry serious criminal and provincial consequences. The precise outcome depends on the offence, the evidence, the person’s record and the court process. A charge itself is not a finding of guilt.
Can I refuse a breathalyzer?
Failing or refusing to comply with a lawful demand without a reasonable excuse can lead to a separate criminal charge. If a refusal charge has already been laid, legal advice should focus on the exact demand and the circumstances surrounding the alleged refusal.
Will I lose my licence immediately?
Ontario provides for immediate administrative suspensions in specified impaired-driving circumstances. These administrative measures are separate from the ultimate outcome of the criminal charge.
Can I challenge breath-test evidence?
Breath-test evidence is governed by detailed statutory and evidentiary rules. Whether there is a viable issue depends on the disclosure and facts, including the testing process, timing, instrument records and other evidence.
Can an impaired-driving charge affect my job or travel?
It can, depending on the person’s occupation, licensing requirements, ability to drive for work, immigration or travel rules and the outcome of the case. Advice should be tailored to the person’s circumstances.
Should I plead guilty right away?
A person should understand the evidence, available legal issues and consequences before deciding how to plead. A criminal defence lawyer can review disclosure and provide advice specific to the case.
Charged With Impaired Driving or Over 80?
An impaired-driving allegation can create immediate legal and licensing consequences. LZZ Defence represents people facing criminal allegations in Ontario. Contact the firm to discuss your circumstances and the next steps in your case.
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