What Is Meant By the Phrase Driving Over 80?

Upon a Conviction For Driving With More Than 80 Milligrams of Alcohol In 100 Milliliters of Blood, a Person May Be Sentenced to Up to Ten (10) Years In Jail.

Understanding the Over 80 Rule Including What to When Pulled Over or Charged With Violating Drinking and Driving Laws

Driving Over 80 Charge Involving 80 mgs of Alcohol Within 100 mL of blood A charge of driving over 80 is commonly referred to as impaired driving, driving under the influence, driving while intoxicated, among other things; however, regardless of the specific term used, the driving over 80 charge is a serious offence and violation of the Criminal Code.  A person convicted of driving over 80 may be subjected to serious penalties including jail time, a fine, and possibly loss of license to drive.

The Law

The driving over 80 offence is prescribed within the operation while impaired sections of the Criminal Code, R.S.C. 1985, c. C-46, whereas it is stated:


Impaired operation

320.14 (1) Everyone commits an offence who

...

(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

...

Exception — alcohol

(5) No person commits an offence under paragraph (1)(b) if

(a) they consumed alcohol after ceasing to operate the conveyance;

(b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and

(c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.

How Much Alcohol Does Being Over 80 Take?

The amount of alcohol it takes to push up the blood alcohol level of a person to over 80 milligrams of alcohol per 100 millilitres of blood varies by individual and is especially dependent upon the weight of the person.  For some people, two drinks may be enough to raise blood alcohol to the over 80 level.

Drink Defined

Per Health Canada, a “drink” refers to:

  • One twelve (12) ounce glass of beer at five (5%) percent alcohol by volume;
  • One five (5) ounce glass of wine at twelve (12%) percent alcohol by volume; and
  • One one and a half (1.5) ounce glass of spirits at forty (40%) percent alcohol by volume.

It is important to note that every person is affected by alcohol differently and the gender and weight of a person are significant factors.  The following guidelines generally apply:

  • For a  woman weighing under fifty-seven (57) kilograms, over 80 is reached with just two drinks;
  • For a woman weighing between fifty-seven (57) kilograms and eighty (80) kilograms, over 80 is reached with three drinks;
  • For a man weighing under sixty-eight (68) kilograms, over 80 is reached with three drinks; and
  • For a man weighing between sixty-eight (68) kilograms and ninety-one (91) kilograms, over 80 is reached with four drinks.

Again, the guidelines should be taken as generalities only.  To avoid a blood alcohol level over 80 and the risk of an impaired driving charge, refrain from driving after drinking by calling a taxi, arranging a designated driver, or other arrangements.

Potential Penalties

Upon a conviction for driving over 80, the potential penalties fall into a broad range of possibilities whereas the Criminal Code states:


Punishment

320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for a term of 30 days, and

(iii) for each subsequent offence, imprisonment for a term of 120 days; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for a term of 30 days, and

(iii) for each subsequent offence, imprisonment for a term of 120 days.

Summary Comment

A driving over 80 charge is a serious Criminal Code matter that carries a penalty of up to ten (10) years imprisonment.

Learn About - Definition of Conveyance Learn About - Definition of Operation
Get a FREE ¼ HOUR CONSULTATION

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this web form.  Use this web form only to make an introduction.

For more information, fill out the form below to send a direct inquiry to Marketing.Legal

ATTENTION: Do not send confidential information through this website form.  Use this website form only for making an introduction.
Privacy Policy & Cookies | Terms of Use Your IP Address is: 3.235.25.27
Hours of Business:

10:00AM - 09:00PM
10:00AM - 09:00PM
10:00AM - 09:00PM
10:00AM - 09:00PM
10:00AM - 05:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.







Serving:

Lawyers
Paralegals
Law Clerks
Process Servers
Notaries

Questions?

We Offer a 
FREE ¼ Hour Consultation

Marketing.Legal™ is a 100% Canadian brand, owned and operated incorporated business, with dedicated expert professionals, having decades of qualified experience in Website Development, Search Engine Optimization (SEO), Google Adwords, and Social Media marketing for Lawyers and Paralegals.  Website design for lawyers in Ontario, Canada.









Sign Up