Driving Over 80 Lawyer Toronto
Pyzer Criminal Lawyers is a criminal defence law firm in downtown Toronto that defends clients charged with over 80 offenses across Ontario. If you are facing an over 80 charge, we review the Crown’s evidence closely, look for weaknesses in the stop, the testing process, and the breath results, and build the strongest available defence based on the facts. Our team has more than two decades of experience defending impaired driving and over 80 charges.
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Why Clients Choose Pyzer Criminal Lawyers
Pyzer Criminal Lawyers has defended clients facing criminal charges in Toronto and across Ontario since 2002. Jonathan Pyzer, Jasmine Mann, and the firm’s team bring decades of focused criminal defence experience to impaired driving and over 80 cases.
We are licensed members of the Law Society of Ontario, the Criminal Lawyers’ Association, and the Toronto Lawyers Association.
Our clients have rated us 4.9 out of 5 stars based on 150+ reviews.
Here is what working with us looks like:
- Direct lawyer access. You deal directly with your lawyer; no intermediaries.
- 24/7 availability. You can reach us any time at (416) 658-1818.
- Free case evaluation. We review your case and explain your options with no obligation.
- Confidential consultation. We treat your consultation as confidential and explain how privilege applies once we speak with you.
- Clear fee discussion. We discuss fees up front so you know what to expect.
- We raise every viable defence and work toward the strongest available outcome based on the facts of your case.
We are committed to preserving the presumption of innocence for every client. We raise every viable defence and pursue the best possible outcome given your case.
What Is a Driving Over 80 Charge?
Over 80 is a criminal offence under section 320.14(1)(b) of the Criminal Code. It applies when a person has a blood alcohol concentration of 80 mg or more within two hours after ceasing to operate a conveyance, subject to a limited statutory exception. It is not a traffic ticket or a simple Highway Traffic Act matter. A conviction can lead to a criminal record, a driving prohibition, provincial licence consequences, fines, and in some cases jail.
Over 80 vs. Impaired Driving
Over 80 and impaired driving are separate offences, though they are often charged together. Under section 320.14(1)(b), the issue is whether the Crown can prove a prohibited blood alcohol concentration within two hours after driving. Under section 320.14(1)(a), the issue is whether the Crown can prove your ability to operate the vehicle was impaired by alcohol or drugs. The penalties can overlap, but the evidence and the defence strategy are not the same.
The law changed significantly in 2018. Parliament introduced the current “within two hours after driving” framework and expanded police power to demand an approved screening device sample from a lawfully stopped driver in the lawful exercise of police powers. The Code still contains a limited statutory exception for alcohol consumed after driving, so defence strategy has to be built around the current wording of the legislation, not older over 80 assumptions.
Penalties for Driving Over 80 in Ontario
A conviction for over 80 carries consequences under both the Criminal Code and Ontario’s provincial licensing rules.
Criminal Code Penalties
For a first offence, the minimum penalty is a fine of at least $1,000. That minimum rises to $1,500 if the BAC is 120 mg or more, and to $2,000 if the BAC is 160 mg or more. A second offence carries a minimum of 30 days in jail. A subsequent offence carries a minimum of 120 days in jail. The offence may be prosecuted by indictment or by summary conviction, and the maximum penalty is up to 10 years’ imprisonment.
A conviction also triggers a mandatory driving prohibition. For a first offence, the prohibition must be at least 1 year and can be up to 3 years. For a second offence, it must be at least 2 years and can be up to 10 years. For a subsequent offence, it must be at least 3 years.
Ontario Administrative Penalties
Ontario imposes an immediate 90-day roadside licence suspension and a 7-day vehicle impoundment for drivers with a BAC of 0.08 or more and for certain related impaired-driving occurrences. Ontario also now lists an 8-hour education course and a $550 penalty for a first occurrence.
If you are convicted in court, Ontario adds further consequences. A first conviction brings at least a 1-year licence suspension, a mandatory education or treatment program, and at least 1 year of ignition interlock. A second conviction within 10 years brings at least a 3-year suspension and at least 3 years of ignition interlock. A third conviction within 10 years brings a lifetime suspension that may be reduced after 10 years if certain criteria are met, plus at least 6 years of ignition interlock.
Other Effects of a Conviction
An over 80 conviction reaches into other areas of your life. Insurance premiums go up more than your current rate. Some insurers will drop you entirely. A criminal record can block entry to the United States, affect employment where background checks are required, put professional licences under review, and create immigration issues for non-citizens.
How We Defend Driving Over 80 Charges
Every over 80 case starts with a close review of the Crown’s disclosure. We examine the officer’s notes, the roadside and station procedures, the breath records, the timing of events, and any video or other evidence. That review often shows whether the real issues lie in the stop, the demand, the testing process, the disclosure, or the Crown’s ability to prove the case cleanly.
Reviewing the Breath Test Results
We review every breathalyzer’s maintenance logs, calibration records, and the officer’s testing procedures. Where do things go wrong? Instrument malfunctions. Operator errors. Failure to observe the required waiting period. Residual mouth alcohol from conditions like GERD or recent dental work. All of these can produce readings that do not reflect your actual BAC.
Assessing Charter Issues
The Canadian Charter of Rights and Freedoms protects you during police interactions. We examine whether your rights were respected throughout the process. Your right against unreasonable search or seizure (Section 8). Your right not to be arbitrarily detained (Section 9). Your right to speak with a lawyer without delay (Section 10(b)).
If police failed to respect these rights during the stop, detention, or breath testing, the breath sample results could be thrown out. Without that evidence, the Crown cannot prove the over 80 charge.
Challenging the Traffic Stop
Police must have lawful authority to stop your vehicle. While RIDE checkpoints and routine traffic stops are lawful, the demand for a breath sample must follow proper legal procedures. If the stop, the demand, or the testing process did not comply with the law, the defence may be able to challenge the admissibility or reliability of the evidence that followed.
Other Defence Strategies
The Crown must prove you were the person operating the vehicle. They must also show continuity of the evidence collected. In some cases, the matter can be resolved without a trial, depending on the evidence, the Crown’s position, and the facts of the case.
What to Do After Being Charged with Driving Over 80
If you have recently been charged with over 80, focus on the immediate basics. Use your right to remain silent. Do not volunteer statements to police beyond what you are legally required to provide. Speak with a criminal defence lawyer as early as possible, ideally before your first court appearance. Do not assume the first court date is the time to plead guilty. Your lawyer needs disclosure before giving proper advice. Follow all release terms and do not drive if your licence has been suspended. Driving while suspended is a separate offence.
The earlier a lawyer gets involved, the more options you have. If you were charged recently, reach out now.
The Court Process for Over 80 Charges in Toronto
It helps to know what usually happens next. After you are charged and released, the case moves into the court process. Your lawyer requests disclosure from the Crown, reviews the evidence, advises you on the strength of the case, and discusses whether the matter is best resolved or contested at trial. Timing varies from case to case and from court to court.
Pyzer Criminal Lawyers handles every stage on your behalf, from first appearance through to resolution or trial. You stay informed and prepared at each step.
Frequently Asked Questions About Driving Over 80 Charges
How much does a driving over 80 lawyer cost in Toronto?
Legal fees depend on the complexity of the case, the volume of disclosure, whether Charter issues arise, and whether the matter resolves or goes to trial. Pyzer Criminal Lawyers offers a free case evaluation so you can understand your options and the fee structure before deciding how to proceed. Call us at (416) 658-1818 to get started.
Will I go to jail for a first offence over 80 in Ontario?
Jail is not the norm for conviction for a first offence over 80 in Ontario. The mandatory minimum for a first offence is a $1,000 fine. That said, aggravating factors (a high BAC reading, an accident, or injuries to someone else) can push the sentence higher. A first offence still carries a criminal record and a minimum one-year driving prohibition.
Can I get an over 80 charge withdrawn or reduced?
Yes. There are cases where over 80 charges are withdrawn, stayed, or reduced to a non-criminal offence under the Highway Traffic Act. The outcome depends on how the breath test was done, whether your Charter rights were respected, and whether police followed all required procedures. An experienced criminal defence lawyer reviews the disclosure to identify the defence that gives you the best chance.
Will an over 80 conviction appear on a criminal record check?
Yes. A conviction for driving over 80 creates a criminal record that shows on standard background checks. This affects employment, travel to the United States, immigration status, and professional licensing. You cannot apply for a record suspension (formerly a pardon) for five to ten years (depending on whether the offence was prosecuted by summary conviction or indictment) after completing your full sentence, including any driving prohibition and probation.
Can I still drive after being charged with over 80?
Ontario imposes an immediate 90-day licence suspension (ADLS) at the roadside when you are charged. That kicks in before any conviction. You may be able to challenge this suspension in certain cases. If convicted, you face a separate federal driving prohibition of at least one year for a first offence.
What happens if I refuse to provide a breath sample?
Refusing a lawful breath demand is a separate criminal offence. The consequences are serious and overlap heavily with over 80 penalties, but they are not identical. For a first refusal offence, the Criminal Code sets a minimum fine of $2,000.
How long does an over 80 case take in Toronto?
Most over 80 cases in Toronto wrap up within 8 to 18 months. Cases that settle through negotiation tend to finish in 3 to 8 months. Cases going to trial take 12 to 18 months or longer, depending on court scheduling and the issues involved.
Can I travel to the United States with an over 80 conviction?
A Canadian criminal record for an over 80 or impaired driving conviction will get you turned away at the United States border in most cases. U.S. Customs and Border Protection has access to Canadian criminal records and regularly denies entry to people with DUI-related convictions. A U.S. Entry Waiver is available through a separate application, though approval is not guaranteed. Avoiding a conviction remains the most effective way to protect your ability to travel.
Areas We Serve
Pyzer Criminal Lawyers represents clients charged with driving over 80 throughout Toronto and the Greater Toronto Area, including:
- Downtown Toronto (Old City Hall Courthouse)
- Scarborough (Scarborough Court)
- North York (Finch Avenue courthouses)
- Etobicoke
- Brampton (Brampton Courthouse)
- Mississauga
- Newmarket (Newmarket Courthouse)
- Oshawa (Oshawa Courthouse)
- Hamilton
- Barrie
- Markham, Richmond Hill, and Vaughan
Wherever in Ontario you were charged, our over 80 lawyer team can represent you.
Take the Next Step. Contact Pyzer Criminal Lawyers Today
An over 80 charge is serious. But it is not an automatic conviction. The stop, the demand, the testing process, and the Crown’s evidence all matter. Early legal advice gives you a clearer picture of your options and the strongest way forward.
Here is what happens when you contact Pyzer Criminal Lawyers:
- Free case evaluation: We review the facts you have now, explain the charge(s) against you, and give you a clear next-step plan.
- Early file review: We start with disclosure, release terms, and the immediate risks in your case.
- Condition strategy: If your release terms are creating serious problems, we assess whether a variation application is appropriate.
- Defence and resolution planning: We map the strongest route based on the evidence, your goals, and the court process.
- Court representation: We appear in court on your matter and guide you on when your attendance is required.
- Wider impact planning: We flag work, travel, and immigration concerns early so they are not left to the end.
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