Driving over 80 is treated as a serious criminal offence in Ontario and can carry life-altering penalties upon conviction.
Driving Over 80
“Driving Over 80” refers to a criminal offence committed when operating a motor vehicle with an alcohol concentration greater than 80 milligrams per 100 millilitres of blood (0.08%). Prosecution falls under Section 320.14 of Canada’s Criminal Code; not just traffic violations such as speeding tickets or careless driving charges – conviction under this provision results in permanent criminal records, mandatory minimum penalties and an all-Canada driving prohibition that takes immediate effect.
Mr. Semyonov understands how overwhelming and perplexing an impaired driving charge can be for first-time accused individuals and repeat clients alike. You have every right to understand what allegations have been levelled against you, what evidence the Crown intends to rely upon against you, and the defenses available under Canadian law. We fight fiercely at every step from initial appearance through trial proceedings so your rights under Canadian Charter of Rights and Freedoms are fully upheld.
Immediate Consequences You Face After Being Charged
As soon as you are charged with driving over 80 in Ontario, the consequences begin immediately. Police will issue an immediate 90-day administrative driver’s licence suspension, and your vehicle will be impounded for 7 days at your own expense. Furthermore, administrative monetary penalties, licence reinstatement fees, and possible mandatory remedial measures must also be paid regardless of whether or not criminal charges are laid against you; so having an experienced driving over 80 attorney in Newmarket early is vital to protect your interests and keep driving privileges alive.
Penalties Upon Conviction Under Section 320.14
Penalties for convictions are set by statute and depend on mandatory minimum penalties – meaning the courts have limited leeway in reducing them. A first offence typically incurs a minimum $1,000 fine and one-year federal driving prohibition. On a second offense, jail time can range from 30 to 120 days and two-year or longer prohibition. Ontario also enforces consequences beyond criminal sanctions, such as mandatory enrollment in the Back on Track program, ignition interlock device requirements and significant increases to insurance premiums for years following conviction. A conviction also poses significant immigration, employment and travel complications – especially entry into the United States.
Building a Strong Defence to Driving Over 80 Charges
At Semyonov Law, we recognize that being charged with driving over 80 does not guarantee conviction. Your legal options could include challenging the lawfulness of a traffic stop and demanding a breath sample, using an approved instrument, certified breath technicians and taking samples at the appropriate times. Unviolations of your rights to counsel, unreasonable detention, or illegal search can result in evidence being excluded and charges being dropped or dropped altogether. As an experienced impaired driving lawyer in Newmarket, Mr. Semyonov offers thorough representation to help ensure a favourable result in each individual case. His legal strategies encompass review of disclosure documents, examination of police procedures and crafting an effective defense strategy designed specifically to fit your circumstances.
Yes. Driving over 80 is a separate offence from impaired driving and does not require the Crown to prove your ability to operate a vehicle was actually affected by alcohol. The offence is established solely by proving that your blood alcohol concentration exceeded 80 mg of alcohol in 100 mL of blood within two hours of operating the vehicle. Even if you were driving perfectly and showed no outward signs of intoxication, a breathalyzer reading above the legal limit is sufficient for a conviction. This is why these charges are often laid alongside, or instead of, impaired driving charges.
Although both offenses fall under section 320.14 of the Criminal Code, they differ legality. Impaired driving requires proof that your ability to operate a motor vehicle was indeed impaired by alcohol or drugs – typically shown through driving patterns, observations by officers and field sobriety tests – while Driving over 80 is solely proven through breathalyzer readings. Individuals charged with both offenses can often face two charges simultaneously but only one will ultimately result in conviction for an incident.
Refusing or failing to provide a breath sample without valid excuse is a criminal offence under Section 320.15 of the Criminal Code and can carry the same minimum penalties as driving over 80 convictions. Refusing does not help your case; rather it usually worsens it since refusing allows the Crown to prove a specific BAC reading without needing your cooperation in its proof process. If unsure of your obligations during a roadside stop, comply with demand immediately and reach out for legal assistance as soon as possible afterward
Yes. A conviction for driving over 80 will result in a permanent criminal record which may impact employment opportunities, professional licensing requirements, volunteerism opportunities, child custody matters and travel plans to the U.S. While record suspension (formerly called pardoning) may eventually become available after serving your sentence has ended; to apply you must wait five years from when your sentence was completed to make an application. It is therefore crucial that individuals retain an experienced driving over 80 lawyer in Newmarket who can work to avoid conviction from occurring in the first place.
Length of time can vary considerably, depending on the complexity and volume of disclosure, availability of witnesses and whether or not the matter goes to trial or is resolved early. Straightforward cases often conclude within a few months while more complex ones involving Charter applications and expert evidence may take longer. At Semyonov Law we keep you updated at every stage by clearly explaining each step and working strategically towards furthering your case efficiently without weakening its defence strength.
Semyonov Law Provides You With A Confidential And Detailed Consultation Is Your First Step In Building Your Case! In Court In Newmarket
If you have been charged with driving over 80, it is essential to seek legal counsel immediately. At Semyonov Law, we understand the highly sensitive nature of your case and work in a diligent manner to give you peace of mind. We offer payment plans that fit your personal financial circumstances. Please feel free to discuss your situation and we will explain the available options to you.
If you have questions on driving over 80 charges and need immediate defense for a case, please do not hesitate to call me at (647)-292-3377 or contact me HERE.