Driving Impaired and Over 80

In Canada, having .80 milligrams of alcohol in 100 millilitres of blood is a criminal offence. While in Ontario, your license can be suspended for 3 days and your car impounded if you as a driver have .50 milligrams of alcohol in 100 millilitrers of blood.

If you are found guilty of Over 80, you will have a criminal conviction – a permanent criminal record, you will not be able to drive anywhere in Canada for at least 1 year and will have to pay a minimum fine of $1000 plus a victim fine surcharge. To be able to drive again, you will have to pay any outstanding fines both criminal and Ministry of Transportation fines and charges, pay for and install an Ignition Interlock Device in your car for at least one year, and obtain insurance, which will be very costly.

If you are charged with Impaired Driving, you may have not blown over .80, but your driving was affected by the alcohol in your system. You could be charged with Impaired Driving, if you are in a collusion, even if it is only you and your vehicle. If you do get into an accident and you are charged with driving while alcohol is in your body, your insurance will no longer cover you. The criminal penalties are the same as the Over .80.

IF you refuse to provide a breath sample, you will be charged with Refuse to Provide Breath Sample and have the same criminal penalties as the Over 80 or Impaired offences outlined above.

Losing your right to drive and getting a criminal record will have a big impact on your life, work and ability to travel. If you are charged with Impaired, Over .80 or Refuse to Provide Breath Sample, please contact our office right away, so we can properly advise you as to your next steps.

Do not plead guilty until you get advice from our office at 416-469-3443.

Please note, we do not take legal aid certificates for Over .80, Impaired or Refuse to Provide Breath Sample offenses.