Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.
Impaired Driving Defence Centre
CHARGED WITH “OVER 80” - DUI Defence Services
Schedule a FREE assessmentCharged with "Over 80" in Ontario?
Defended by Christopher Avery for more than 24 years. Reputation you can trust.
Call now 1-877-497-3927
Schedule a FREE assessment
What Is an “Over 80” Charge in Ontario?
If you’ve been charged with an “Over 80 charge,” you’re not alone, and you’re not without options. In Ontario, this charge applies when police allege your blood alcohol concentration (BAC) was 80 milligrams or more in 100 millilitres of blood within two hours of operating a vehicle. The current legal name is “operation while having excess blood alcohol concentration,” but most people still call it “Over 80.” The law does not require proof that your driving was impaired, only that your BAC met or exceeded the legal limit. That makes these cases feel automatic. They are not. With the right defence and the right legal team, “Over 80 charge” cases are often resolved without a conviction.
How We Defend Over 80 Charges
We examine the Crown’s case from start to finish. That includes whether the breath demand was lawful, whether statutory requirements including time limits were respected, and whether your Charter rights were upheld throughout the process. Every element matters: the timing, the credibility of the witnesses, the arrest procedure, the documentation, and the legislative requirements that govern how the evidence can be used. These are not technicalities. They are legal safeguards, and they are often where strong DUI over 80 defence strategies begin.
Penalties for a First Over 80 Conviction
The penalties for a first offence include a mandatory minimum $1,000 fine, a one-year driving prohibition, and a criminal record. But a charge is not a conviction. These cases can be fought, and the outcome can change the course of your future.
We have defended thousands of Over 80 cases across Ontario. Our experienced over 80 DUI lawyer has a proven track record of success, helping clients navigate the legal complexities. Call us about our high success rate and click here to see our winning record with a selection of recent cases.
What is the difference between impaired driving and Over 80?
Impaired driving means your ability to drive was impaired by alcohol or a drug, proven through evidence such as driving behaviour and roadside observations. Over 80 means your blood alcohol concentration was 80 mg or more per 100 mL of blood within two hours of driving, proven through the breath or blood readings and the procedure that produced them. They are different routes the Crown may take to the same Criminal Code offence, and the two charges are often laid together from the same stop.
What is the two-hour rule?
It is a criminal offence to have a blood alcohol concentration at or over the legal limit within two hours of operating a vehicle, not only while behind the wheel. This changes how recent cases are defended, and it is one of the first things we review.
How many drinks is 80 milligrams?
There is no dependable universal number. The result varies too much from person to person and circumstance to circumstance for any drinks-based rule to be safe, and the law also makes it an offence to be at or over 80 mg within two hours of operation. If you have been charged, what matters is the evidence in your case, not a rule of thumb.
With serious penalties on the line, you owe it to yourself to get proper legal advice and build a strong defence.
Speak with an Ontario DUI Lawyer About Your Over 80 Charge
Call now 1-877-497-3927
Schedule a FREE assessment
OUR LEGAL ASSESSMENT PROCESS
1
COMPLIMENTARY ASSESSMENT
This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.
2
Intake and Set-Dates
Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.
3
Analysis and Pre-Trials
Our entire DUI lawyer team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.
4
Hearing Date
This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.
OUR GOOGLE 5 STAR REVIEWS
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Chris Avery and his team at Avery Law are outstanding. From the start, Chris was straightforward, knowledgeable, and easy to talk to. He... Read more
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Mike
20/06/2025
We had an amazing experience working with Chris. From start to finish, they were professional, knowledgeable, and truly dedicated to our case. They... Read more
M
MS
10/04/2025
Chris Avery and the legal team was highly responsive and non-judgmental, taking the time to explain the process clearly and in easy to... Read more
D
DR
01/03/2025
I had the privilege of working with Christopher and Erica, and I can confidently say they are a class above the rest. I... Read more
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Ccy
02/03/2025
Chris Avery and his legal team recently represented me in defending a legal matter against me. I am extremely happy with the result... Read more
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BD
10/10/2023
Mr. Avery whent above and beyond for me and was able to have my charges withdrawn. I highly recommend him to anyone looking... Read more
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BH
04/02/2023
