Understanding the Over 80 Law in Ontario

Drunk driving is a serious offense in Ontario, and the consequences can be severe. The Over 80 rule is one of the most common reasons people are charged with impaired driving in the province.

Here, we will discuss what the Over 80 rule is, how it works, and the consequences of being charged with impaired driving in Ontario:

What Is the Over 80 Rule?

The Over 80 rule in Ontario states that it is illegal for a person to operate any motor vehicle when their blood alcohol concentration (BAC) is over 80 milligrams of alcohol per 100 milliliters of blood. This law applies to all drivers, regardless of their age or the kind of vehicle they are driving.

What Over 80 Means

Depending on factors like weight and gender, a few drinks can easily put one over the set 80mg limit. One drink could mean a 12oz glass of beer, one 5oz glass of wine, or one 1.5oz of spirits.

For a woman weighing 57kg or under, the 80mg limit can be reached in two drinks, while those 57 kgs to 80kg could reach it in three drinks.

For a man weighing 68kg or less, three drinks would put them at the 80mg limit, while men between 68kg and 91kg will reach the limit with four drinks.

Of course, these are not precise numbers, as other factors might come into play. That said, it’s safe to assume that having more than one drink in one sitting will likely put you at risk of an impaired driving charge.

How Does the Over 80 Rule Work?

The Over 80 rule is enforced through the use of breathalyzer tests. When the authorities pull over a driver suspected of impaired driving, they will ask the driver to take a breathalyzer test. The breathalyzer measures the driver’s BAC, and if the result is over 80 milligrams of alcohol per 100 milliliters of blood, the driver will be charged with impaired driving.

Consequences of Being Charged with Impaired Driving in Ontario

Being charged with impaired driving in Ontario can have serious consequences. If you are guilty of impaired driving, you could be facing fines, license suspension, and even jail time. In addition to these legal consequences, being charged with impaired driving can significantly impact your personal and professional life.

For example, if you are convicted of impaired driving, you may find it challenging to obtain or maintain employment, as many employers require employees to have a clean criminal record. 

Additionally, a conviction for impaired driving could impact your ability to obtain scholarships, grants, or other financial aid if you are a student.

How a Toronto DUI Lawyer Can Help

If you or your family member is charged with impaired driving in Ontario, it is crucial to seek the advice of a DUI lawyer as soon as possible. A Toronto DUI lawyer can help you understand your rights, assess the strength of the evidence against you, and develop a strategy to defend you in court.

Your Toronto DUI lawyer may also be able to negotiate with the prosecution to have your charges reduced or dropped. Additionally, if you are convicted of impaired driving, your lawyer can help you navigate the legal system and minimize the impact of the conviction on your life.

Conclusion

The Over 80 rule is a law in Ontario that prohibits drivers from operating a motor vehicle with a blood alcohol concentration of more than 80 milligrams of alcohol for every 100 milliliters of blood. Being charged with impaired driving in Ontario can have serious consequences, like fines, license suspension, and jail time. If you are facing charges of impaired driving in Ontario, it is vital to seek the advice of a Toronto DUI lawyer as soon as possible.

Our team of Toronto DUI lawyers at Calvin Barry Professional Corporation can help you if you’re dealing with an impaired driving case. With over sixteen years of experience as a Senior Crown Attorney, Calvin Barry brings a wealth of knowledge and expertise in Criminal law, specifically in areas such as DUI/Impaired Driving, Domestic Violence and Abuse, and general Criminal Law. You can trust that your case will be managed by a lawyer with an extensive background in these fields. Schedule an appointment today!