Over 80 Charge Defence


Over 80 is the criminal charge of driving with a blood alcohol concentration (BAC) of 0.08 or more. If a Breathalyzer sample indicates a driver’s BAC is high enough, charges will be laid, even if there are no signs that a driver’s vehicle operation is impaired.

Since over 80 is a Criminal Code of Canada offence, conviction results in a criminal record and significant penalties that can include fines and jail time. Beating the accusation is possible, in particular when defence lawyers fight over 80 charges using effective trial strategy.

Lawyers at Edelson Friedman LLP in Ottawa are known criminal defence counsel who use every means possible to defend clients in court. This includes challenging Crown evidence on the basis that it was obtained without respecting the accused’s constitutional (Charter) rights.


While impaired driving charges can be laid whether the impairment was because of alcohol or drugs, and requires evidence of impairment, over 80 charges are dependent on a breath sample reading. Police must follow several steps to get this reading according to law: the request for the sample must be according to law, the Breathalyzer machine must be working properly and the reading must be analyzed within a certain time period after the sample was taken.

When an over 80 case goes to trial, our lawyers take the court through the traffic stop step-by-step and identify any missteps on the part of the authorities. Obtaining this kind of advocacy is essential to ensure you have the best chance at a positive result. While pleading guilty in exchange for a lesser sentence may seem like a good idea, in reality a criminal drunk driving charge has serious consequences and requires a serious defence.

Success Story: A. was charged with impaired driving and operating a motor vehicle with more than 80 mg of alcohol per 100 ml of blood. At trial, defence counsel brought a constitutional application, arguing that the police did not have the required grounds to make a Breathalyzer demand. The trial judge excluded the breath samples. A. was acquitted.


Call us at 613-223-4089 in Ottawa or contact us online to book a FREE consultation. Affordable Defence means you can afford the diligent representation you need to support your rights.