In Ontario, “Over 80” and “Impaired Driving” are two distinct criminal offences, though you are usually charged with both simultaneously. Fighting an Over 80 charge often involves your lawyer challenging the calibration of the police breathalyzer machine or proving that your Charter rights were violated during the arrest.
Getting pulled over by the Ottawa Police Service or the OPP on Highway 417 and being asked to provide a breath sample is a terrifying experience 🚨. Many people use the American term “DUI” (Driving Under the Influence), but in Canada, the Criminal Code actually separates this into two distinct charges: Impaired Operation of a Conveyance, and Operating with a Blood Alcohol Concentration (BAC) Equal to or Exceeding 80 mg. Understanding the difference is your first step toward building a strong defence.
An “Over 80” charge relies strictly on the scientific results of a breathalyzer or blood test, regardless of whether your actual driving was dangerous. Even if you felt completely sober and were driving perfectly fine through downtown Ottawa, blowing 80 milligrams of alcohol in 100 millilitres of blood is enough for a criminal charge. Navigating the Ontario Court of Justice is complex, so we strongly recommend reaching out to an experienced local criminal defence law firm from our directory to protect your future and your driver’s licence.
Step-by-Step Process in Ottawa, Ontario
Facing an Over 80 charge triggers both immediate provincial penalties and a longer federal criminal court process 📋. Here is what you can generally expect to happen in Ottawa.
Step 1: The Immediate Roadside Penalties
The moment you blow Over 80 at the police station, the Ontario Highway Traffic Act imposes immediate administrative penalties. Your vehicle will be impounded for 7 days, and your Ontario driver’s licence will be instantly suspended for 90 days. This is known as the Administrative Driver’s Licence Suspension (ADLS). This happens before you even see a judge or have a trial.
Step 2: First Court Appearance
You will be given a Promise to Appear with a date to attend the Ontario Court of Justice, typically located at the Elgin Street courthouse 🏛. This first appearance is usually procedural. You or your lawyer will attend to collect the “disclosure,” which is the evidence the Crown Attorney has against you, including police notes and breathalyzer readouts.
Step 3: Analyzing the Breathalyzer Evidence
This is where a skilled law firm becomes crucial. Your lawyer will meticulously review the maintenance logs and calibration records of the specific Intoxilyzer machine used at the Ottawa police division. If the machine was not properly calibrated or maintained according to strict scientific standards, the breath readings might be excluded from evidence.
Step 4: Assessing Charter Rights Violations
Your lawyer will also evaluate exactly how the police interacted with you 👮. Did they read you your right to counsel promptly? Did they hold you at the roadside for an unreasonable amount of time before administering the breath test? If the Ottawa Police violated your rights under the Canadian Charter of Rights and Freedoms, your lawyer can file an application to have the evidence dismissed, which often leads to an acquittal.
How Much Does it Cost in Ottawa?
An Over 80 conviction is incredibly expensive, combining criminal fines, provincial fees, and legal costs. Here is a general breakdown of what an impaired driving charge might cost you in Ontario as of March 2026:
- Criminal Code Fine: A first-time Over 80 conviction carries a mandatory minimum federal fine of $1,000 CAD (plus a 30% victim surcharge). Fines increase significantly if your blood alcohol level was exceptionally high (e.g., $1,500 for blowing over 120, or $2,000 for blowing over 160).
- Towing and Impound: The mandatory 7-day vehicle impoundment generally costs between $700 and $1,000 CAD in towing and storage yard fees.
- MTO Reinstatement Fee: To get your licence back after the suspension, the Ministry of Transportation Ontario charges a $281 CAD reinstatement fee.
- Law Firm Fees: Retaining a private criminal defence lawyer to fight an Over 80 charge at trial generally ranges from $3,500 to $10,000+ CAD, depending on the complexity of the Charter arguments.
| Expense Type | Estimated Cost (CAD) | Payable To |
|---|---|---|
| Minimum Criminal Fine | $1,300 (incl. surcharge) | Ontario Court of Justice |
| Vehicle Impoundment (7 Days) | $700 – $1,000 | Local Towing Company |
| Licence Reinstatement | $281 | ServiceOntario (MTO) |
How Long Does the Process Take?
The immediate provincial licence suspension lasts for 90 days. However, the criminal court process is much slower. It typically takes 6 to 12 months for an Over 80 case to move from the initial arrest to a final trial date in Ottawa. If you are convicted, the judge will impose a mandatory minimum criminal driving prohibition of 1 year for a first offence ⌛.
Frequently Asked Questions (FAQ)
Does a first-time Over 80 offence mean I will go to jail?
Generally, no. For a first-time impaired driving or Over 80 conviction with no injuries or property damage, the mandatory minimum penalty is a $1,000 fine and a 1-year driving prohibition. Jail is usually reserved for repeat offenders or cases involving serious accidents.
Can I still drive to work during my 90-day suspension?
No. The 90-day Administrative Driver’s Licence Suspension is absolute. There are no hardship licences or special work permits in Ontario. Driving during this 90-day period is a serious provincial offence that can result in further suspension and jail time.
What if my breathalyzer reading was exactly 80?
The Criminal Code states the offence is operating a vehicle with a blood alcohol concentration “equal to or exceeding” 80 mg. Therefore, blowing exactly 80 is legally sufficient for the Crown to secure a conviction, though a defence lawyer may have a stronger case arguing margin of error.
Will this give me a permanent criminal record?
Yes, if you are convicted. An Over 80 conviction results in a federal criminal record, which can impact your employment and ability to travel to the United States. You must wait a minimum of 5 years after completing your sentence to apply for a Record Suspension.
Why was I charged with both Impaired Driving and Over 80?
It is standard police practice in Canada to lay both charges. “Impaired” focuses on the physical evidence of your driving and behaviour (slurred speech, swerving). “Over 80” focuses purely on the machine’s readout. If convicted, you will only be sentenced for one of the offences.
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