If you are arrested for an Over 80 offence in Mississauga, your vehicle will be impounded for 7 days, and your licence will be suspended immediately for 90 days. A conviction carries a mandatory minimum fine of $1,000 CAD and a 1-year driving prohibition, but a skilled lawyer can challenge the breathalyzer evidence at the Ontario Court of Justice.
Being pulled over by Peel Regional Police and charged with a drinking and driving offence is an incredibly stressful experience. In Canada, many people use the term DUI, but the Criminal Code strictly defines these charges as Impaired Driving and Over 80. While Impaired Driving relates to your physical behavior and driving conduct, an Over 80 charge simply means a breathalyzer recorded your blood alcohol concentration at or above 80 milligrams of alcohol per 100 millilitres of blood. 🚨
A criminal conviction can drastically alter your life, affecting your employment, immigration status, and ability to travel. However, being charged does not automatically mean you will be convicted. As of April 2026, there are multiple technical defences available in Ontario, and understanding the specific legal steps in Mississauga is your best path toward protecting your future.
Step-by-Step Process for Handling an Over 80 Charge in Mississauga
The moment you are charged, the clock starts ticking on your administrative suspensions and your court dates. Because Mississauga falls under the jurisdiction of the Peel Region, your criminal case will be heard at the Ontario Court of Justice located nearby in Brampton. Follow these essential steps.
Step 1: Understand the Immediate 90-Day Suspension
Before you even step foot in a courtroom, the Ministry of Transportation (MTO) imposes an immediate 90-day Administrative Driver’s Licence Suspension (ADLS). Furthermore, your vehicle will be impounded on the spot for 7 days. You must arrange alternative transportation and prepare to pay towing and impound lot fees before getting your car back.
Step 2: Exercise Your Right to Silence
When interacting with the police, provide your basic identification, but politely decline to answer further questions about where you were drinking or how much you consumed. You have the right to retain and instruct counsel without delay. Speak to a Mississauga criminal defence lawyer or use duty counsel before providing any formal statements. 👨⚕️
Step 3: Retain a Criminal Defence Law Firm
Defending an Over 80 charge is highly technical. You need a local law firm that focuses specifically on driving offences. Your lawyer will request “disclosure” from the Crown Prosecutor. This evidence package includes the police officer’s notes, dashboard camera footage, and most importantly, the maintenance and calibration logs for the Intoxilyzer 8000C or 9000 machine used at the police station.
Step 4: Challenge the Evidence in Court
Your lawyer will scrutinize the evidence to see if your Charter rights were violated (such as an unreasonable delay in speaking to a lawyer) or if the breathalyzer machine was improperly calibrated. If the police lacked reasonable grounds to demand a breath sample, the results might be excluded from the trial, often leading to the charges being dropped or reduced to a lesser traffic offence.
Comparing Impaired Driving vs. Over 80 in Ontario
It is common for police to lay both charges simultaneously. Here is a breakdown of how these two distinct criminal offences differ.
| Feature | Impaired Driving | Over 80 (Excess Blood Alcohol) |
|---|---|---|
| What the Crown Must Prove | Your ability to drive was impaired by any amount of alcohol or drugs. | Your blood alcohol concentration was 80mg or higher within two hours of driving. |
| Primary Evidence | Police observations (slurred speech, swerving, smell of alcohol). | Scientific breathalyzer or blood test results. |
| Mandatory Minimum Penalties | $1,000 CAD fine, 1-year driving prohibition, criminal record. | $1,000 CAD fine, 1-year driving prohibition, criminal record. |
How Much Does it Cost in Mississauga?
Fighting an Over 80 charge is a significant financial commitment, but a criminal conviction is often much costlier in the long run.
- Vehicle Impoundment: Paying to release your vehicle from a Mississauga impound lot after 7 days will typically cost between $800 and $1,500 CAD.
- Law Firm Fees: Hiring an experienced DUI defence lawyer in Ontario generally costs between $5,000 and $15,000 CAD, depending on whether the case goes to trial.
- Fines and Surcharges: If convicted, the mandatory minimum fine for a first offence is $1,000 CAD, plus a 30% provincial victim surcharge. However, higher blood alcohol readings (e.g., Over 120 or Over 160) carry much steeper mandatory fines.
- Insurance Premiums: A criminal driving conviction will move you to “high-risk” facility insurance, which can increase your rates to $8,000 – $12,000 CAD per year for several years.
How Long Does the Process Take?
The justice system does not move quickly. While your initial 90-day license suspension begins immediately on the side of the road, your actual criminal case at the Brampton courthouse will likely take between 6 to 18 months to resolve. If you wish to plead guilty early to enter the Ignition Interlock program, the process can wrap up in a few months, but fighting the charges through a full trial will take significantly longer.
Frequently Asked Questions (FAQ)
Do I have to blow into the roadside breathalyzer?
Yes. In Canada, police have the authority to demand a mandatory alcohol screening at the roadside without any reasonable suspicion. Refusing to provide a breath sample is a separate criminal offence that carries the exact same severe penalties as an Over 80 conviction.
Can a lawyer get my charge reduced to careless driving?
It is possible. If your lawyer finds significant flaws in the Crown’s evidence, the prosecutor may offer a plea deal for Careless Driving under the provincial Highway Traffic Act. This avoids a criminal record, though it still carries fines and potential provincial suspensions.
Will an Over 80 conviction affect my immigration status?
Yes. Because the maximum penalty for an Over 80 charge makes it an indictable offence under serious criminality rules, a conviction can lead to the deportation of permanent residents or the denial of citizenship applications by IRCC.
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