Short answer: “Over 80” is the everyday name for the Criminal Code offence of having a blood alcohol concentration (BAC) of 80 mg of alcohol in 100 mL of blood (0.08) or higher within two hours of operating a conveyance. It is a numbers-based criminal charge, separate from impaired operation and from Ontario’s provincial “warn range” sanctions that start at 0.05 .
Driving after drinking is heavily regulated in Canada. Ontario drivers also face provincial roadside rules that kick in below the criminal threshold. This article explains what Over 80 means today, how BAC is measured, what penalties attach to that charge, and what to do if you are charged — without turning the page into a full impaired-driving process guide.
The Criminal Code makes it an offence to have, within two hours after ceasing to operate a conveyance , a BAC equal to or exceeding 80 mg of alcohol in 100 mL of blood . That is the modern “Over 80” / “over .08” charge under s. 320.14(1)(b).
Two points are easy to miss:
Alcohol affects every person differently. Metabolism, food, fatigue, medication, hydration, and body composition all influence BAC. There is no safe universal drink count. The only reliable measurement is an approved breath or blood test.
Standard Canadian drink equivalents are only rough guides:
| Type of Alcohol | Standard Serving | ABV | Counts as 1 Drink |
|---|---|---|---|
| Beer | 12 oz / 341 mL | 5% | Yes |
| Wine | 5 oz / 142 mL | 12% | Yes |
| Spirits | 1.5 oz / 43 mL | 40% | Yes |
Approximate charts that claim “X drinks = 0.08” should be treated cautiously. Many people underestimate rising BAC, and “feeling fine” is not a defence.
As Jeff Mass, Managing Partner at Mass Tsang LLP , often warns clients:
“Feeling sober is not the same as being under the legal limit. BAC rises silently and unpredictably — and police rely on numbers, not feelings.”
Alcohol affects the brain unevenly, and judgment is among the first functions to weaken. Even after one drink, people often underestimate impairment and overestimate their ability to drive. Tolerance can change how impaired someone feels without changing BAC. That mismatch is how many Over 80 charges begin.
Over 80 and related impaired-operation offences apply to conveyances , not only passenger cars. In practice, that commonly includes cars, trucks, motorcycles, motorboats, snowmobiles, and many off-road vehicles. If the vehicle is motorized and operated in circumstances covered by the Criminal Code , the Over 80 analysis can apply. Exact coverage can depend on the conveyance definition and facts of the stop.
Modern enforcement often starts with a lawful stop or RIDE check, then roadside screening. Since 2018, police in many situations can demand a roadside breath sample under mandatory alcohol screening without needing suspicion that you have been drinking.
You may be required to provide a sample if, for example:
A full arrest-process timeline (roadside → station → release) is covered separately in Understanding the DUI Arrest Process in Ontario . For this page, the key Over 80 point is simpler: a roadside “Fail,” observations of impairment, or other grounds can lead to arrest and evidentiary breath testing on an approved instrument.
Refusing a lawful breath demand is a separate criminal offence with serious penalties. For the refusal deep dive, see what refusal or failure to provide a sample means in Canadian DUI law .
As Robbie Tsang, Managing Partner and Criminal Defence Lawyer , notes:
“A refusal charge is treated just as seriously as an Over 80 charge — sometimes even more so. Comply with the test first; challenge the legality later with your lawyer.”
If a roadside screening device registers a Fail (commonly associated with a high reading), the driver is typically arrested and taken for testing on an approved instrument such as an Intoxilyzer.
The formal process usually includes:
If officers do not follow proper procedures — for example, problems with the observation period, timing, or instrument records — the readings may be challengeable. Over 80 cases are often won or lost on those technical details, not on whether the driver “felt” impaired.
Ontario can impose immediate provincial penalties for warn-range and Fail results even before a criminal conviction. Exact roadside sanctions depend on the reading, prior history, and current Ministry rules, but commonly include short suspensions in the 0.05–0.079 warn range and longer roadside suspensions plus vehicle impoundment after a Fail / Over 80 investigation. Confirm current figures on the Ontario impaired driving page .
Under s. 320.19 , a person convicted of an offence under s. 320.14(1) or 320.15(1) faces hybrid punishment. On indictment, the statute sets minimum punishments that include, for a first offence , a fine of at least $1,000 ; for a second offence , imprisonment for at least 30 days ; and for each subsequent offence , imprisonment for at least 120 days . Higher minimum fines can apply where BAC is elevated (for example, readings at or above 120 mg or 160 mg). Summary conviction exposure is also available to the Crown within the statutory limits.
A conviction also typically brings:
These are serious outcomes. They are not “traffic tickets.”
Beyond fines and suspensions, an Over 80 conviction can affect U.S. border travel, professional licences, employment and background checks, insurance, immigration status for non-citizens, and personal reputation. It becomes part of your criminal history — this page stays focused on the Over 80 offence itself rather than those collateral topics.
Every Over 80 file turns on details: the stop, the demand, timing of tests, instrument records, disclosure, and Charter compliance. A dedicated DUI lawyer who handles these cases regularly will know where procedural failures typically occur — including problems with the demand, timing, calibration/maintenance records, right-to-counsel issues, and proof of BAC. Depending on the evidence, outcomes can include withdrawal, reduction, exclusion of breath results, or acquittal. No result can be promised.
Write down everything from the stop through testing, keep all documents, avoid discussing the case on social media, and contact an impaired-driving lawyer promptly. Early decisions affect disclosure, Charter notice, and resolution strategy.
A member of the Toronto DUI Lawyer team can manage stages of the defence, including reviewing police evidence, requesting disclosure, identifying procedural issues, negotiating with the prosecutor, and representing you in court.
Brian Brody, Criminal Defence Lawyer Partner , explains the firm’s approach:
“Our role is not just to defend a charge — it’s to protect a person’s future. For many clients, a DUI is the most stressful moment of their lives. We guide them through every step with clarity and strategy.”
An Over 80 charge is serious, but it is not hopeless. The law is technical. Outcomes often depend on early choices and on whether the Crown can prove the BAC reading through a lawful, properly conducted process.
If you have been charged with Over 80, impaired operation, or refusing to provide a breath sample, contact Mass Tsang LLP for a free, confidential consultation. The sooner you speak with counsel, the more options you may have to protect your licence, record, and future.
It is the criminal offence of having a BAC of 0.08 (80 mg of alcohol in 100 mL of blood) or higher within two hours of operating a conveyance, under Criminal Code s. 320.14(1)(b).
Yes. Police can charge impaired operation if your ability to drive was affected. Ontario can also impose warn-range roadside penalties starting at 0.05 BAC without an Over 80 charge.
In many lawful-stop situations, yes — mandatory alcohol screening can allow a roadside demand without suspicion of drinking. The stop itself must still be lawful, and later evidentiary testing has its own rules.
Refusing a lawful demand is a separate criminal offence under s. 320.15 and carries serious penalties comparable to impaired / Over 80 convictions.
Approved instruments are legally recognized, but timing, observation, calibration, maintenance, and Charter issues can still make results challengeable.
A first conviction under the Part VIII.1 punishment scheme generally includes a minimum $1,000 fine (higher for elevated BACs), a criminal record, a driving prohibition, and ignition interlock / reinstatement requirements. Provincial roadside suspensions may already have started before court.
Jail is not the mandatory minimum for a typical first offence, but the Code requires minimum jail terms for second and subsequent convictions (30 days / 120 days on the indictment track). Jail can also arise from aggravated facts or related offences.
Employment problems, professional-licence issues, higher insurance, U.S. travel difficulty, and immigration complications are common collateral consequences.
Sometimes. Charter problems, testing errors, disclosure gaps, or proof issues can lead to withdrawals or other resolutions. Many cases are defensible; none are automatic wins.
Yes. These files are technical. Counsel can challenge evidence, negotiate with the Crown, and protect both the criminal and licensing consequences of the charge.
