CRIMINAL DEFENCE LAWYERS
Trusted Over 80 Lawyers in Brampton & the GTA
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Strategic Over 80 Defence. Proven Results.
A charge under Section 80, commonly referred to as an “Over 80” charge, is brought against a motorist whose blood alcohol concentration (BAC) was .08 or higher within the time frame established by law after operating a motor vehicle. An Over 80 offence is one of the most common types of impaired driving charges in Canada and can carry serious consequences. These may include a criminal conviction, licence suspension or driving prohibition, significant fines, and increased auto insurance premiums.
An Over 80 case can involve highly technical aspects of the Crown’s evidence. These may include the specific procedures used to administer a breath test, when the breath samples were taken in relation to the time of driving, compliance with applicable legislation and procedures, the accuracy and proper operation of the breath-testing device, and potential violations of a person’s rights under the Canadian Charter of Rights and Freedoms.
In Brampton and across the GTA, impaired driving enforcement takes place regularly. This includes RIDE programs and increased enforcement on weekends, holidays, and other high-risk periods. Many people charged with an Over 80 offence do not appear visibly intoxicated and may not believe they are impaired. A driver may feel capable of driving and exhibit few obvious signs of impairment. However, even when there are few outward signs of intoxication, a driver may still provide a breath sample that exceeds the legal BAC limit.
Strategic Over 80 Defence.
Proven Results.
A charge under Section 80, commonly referred to as an “Over 80” charge, is brought against a motorist whose blood alcohol concentration (BAC) was .08 or higher within the time frame established by law after operating a motor vehicle. An Over 80 offence is one of the most common types of impaired driving charges in Canada and can carry serious consequences. These may include a criminal conviction, licence suspension or driving prohibition, significant fines, and increased auto insurance premiums.
An Over 80 case can involve highly technical aspects of the Crown’s evidence. These may include the specific procedures used to administer a breath test, when the breath samples were taken in relation to the time of driving, compliance with applicable legislation and procedures, the accuracy and proper operation of the breath-testing device, and potential violations of a person’s rights under the Canadian Charter of Rights and Freedoms.
In Brampton and across the GTA, impaired driving enforcement takes place regularly. This includes RIDE programs and increased enforcement on weekends, holidays, and other high-risk periods. Many people charged with an Over 80 offence do not appear visibly intoxicated and may not believe they are impaired. A driver may feel capable of driving and exhibit few obvious signs of impairment. However, even when there are few outward signs of intoxication, a driver may still provide a breath sample that exceeds the legal BAC limit.
Book Your Free Confidential Consultation
Your first meeting with us is entirely private and protected by solicitor-client privilege. You are under no obligation to move forward. In this consultation, we will:
Carefully assess the facts and circumstances of your case.
Provide clear, straightforward answers to your questions.
Outline your legal options and the path forward.
Offer a transparent explanation of legal fees and costs.
Implications of an Over 80 Charge in Brampton
Consequences of an Over 80 Charge begin as soon as you register a Blood Alcohol Concentration (BAC) exceeding the limits allowed by law. Prior to a decision being made at trial, the driver who registers a BAC that exceeds the limit allowed by law in Ontario will immediately receive a license suspension for a period of time, plus their vehicle will be impounded from them.
Upon conviction for an Over 80 offense, you could have your license prohibited from use for an extended period of time, pay a fine, and obtain a criminal record. As previously stated, the penalties imposed upon you can be increased if you had a BAC significantly higher than the legal limit. Also, previous convictions of impaired driving offenses may add to the seriousness of your penalty. A conviction for an Over 80 offense may lead to additional provincial sanctions for which you would need to comply prior to having full rights reinstated. For example, if you were convicted of an Over 80 offense, there may be an additional suspension of your license and/or you may need to participate in Ontario’s Ignition Interlock Program. Your insurance premiums will likely rise greatly, and it may be difficult for you to find affordable coverage with most carriers.
These consequences may go far beyond the loss of driving rights. Depending on what type of occupation you work at, your employment status may be impacted. Professional licenses to practice certain professions, international travel, and many other aspects of your personal life could also be impacted due to your Over 80 conviction. This is because these types of cases rely so heavily on breath test results and police actions taken during the investigation process. Therefore, all information related to how the tests were administered should be reviewed thoroughly.
How We Defend Over 80 Charges
If you are being prosecuted for an Over 80 offence in Brampton or anywhere else in the GTA, the Crown will likely rely heavily on the results of your breath tests and the police records related to your case. In many instances, these cases involve complex legal and technical issues. The defence of an Over 80 charge may centre on how the breath samples were collected, the reliability of the testing procedures used by police, compliance with required procedures, and any potential violation of your rights under the Canadian Charter of Rights and Freedoms.
Reviewing Breath Test Results
As mentioned above, breath test results are typically one of the primary pieces of evidence in an Over 80 prosecution. We thoroughly review the documentation related to your breath testing, including information about equipment maintenance, calibration records, officers' notes, and other relevant materials. The goal is to identify any issues that could affect the reliability or admissibility of the results.
Evaluating When Breath Samples Were Taken
In addition to reviewing the testing procedures and equipment, we examine when you were operating the vehicle, when you were stopped by police, when a breath sample was demanded, and when each breath sample was actually provided. Delays or procedural issues may affect the Crown's ability to rely on the breath test results.
Challenging the Procedures Used by Police
When police investigate suspected impaired driving, they must comply with numerous legal requirements. We conduct a thorough review of the entire investigation, including the traffic stop, roadside screening, breath sample demands, access to legal counsel, detention, and testing procedures. If there are grounds to argue that your Charter rights were violated, the defence may seek to have certain evidence excluded from the case.
Analyzing the Use of Approved Breath-Testing Devices
Approved breath-testing devices are subject to specific requirements governing how they are used. We examine how the device was operated during your testing, whether the required procedures were followed, and whether the available records raise questions about the testing process. Where appropriate, technical evidence may be used to challenge the Crown's reliance on the breath test results.
Impaired Driving: Frequently Asked Questions
DUI in Ontario is the driving of a vehicle under the influence of alcohol, drugs or prescription medication. This includes impaired driving as well as driving over the legal blood alcohol limit.
Drivers with full licenses (G class) are allowed to have a BAC up to 0.08. However, drivers who exceed this limit can be subjected to penalties. no alcohol tolerance is applicable to novice (G1,G2) drivers and commercial drivers.
Refusing a breathalyzer or other lawful police request (e.g. blood, saliva, or breath sample) constitutes a crime with the same or higher penalties for DUI conviction.
The following penalties may be imposed:
A 90-day license suspension
$550 administrative penalty
Program of mandatory education and treatment
Interlocking device 6-12 months
Possible charges and a fine at least $1,000 . 10 years of imprisonment for bodily injury or death.
Yes. Yes. DUI lawyers can contest evidence, such as whether the stop was legal, how reliable the testing procedure is, or if your Charter rights have been violated.
Yes. It is against the law to drive while under the influence of any substance including prescription medications or cannabis. To detect drug abuse, police can use oral fluid testing devices as well as field sobriety test.
DUI is considered a crime that stays permanently on your criminal record unless a pardon () is granted after several years.
Absolutely. Your insurer may drop you if your DUI results in a significant rise in your insurance rates. You might be forced to purchase insurance that is extremely expensive.
No. The DUI law applies to vehicles. mopeds and escooters are in a gray area. You may not be charged with DUI, but you can still be penalized under other traffic laws or local ordinances if you are impaired.
No. You could be above the limit even if you are feeling sober. severe administrative penalties can be imposed by Ontario’s warning range (0.05 to 0.79 BAC). Impaired driving charges do not require that your BAC is over 0.08.
Why Clients Choose GPS Law Firm
At GPS Criminal Law, we understand that facing criminal charges is one of the most stressful experiences you can endure. Here’s why clients trust us to defend their rights and fight for their future:
Focused Representation
Every successful defence begins with a clear strategy. We take the time to understand the full context of your situation and develop a focused, practical plan aimed at securing the best possible outcome. By combining our legal knowledge with your perspective, we create a strong and coordinated path forward.
Depth of Experience
Our firm brings extensive experience in criminal and regulatory law, representing clients in matters ranging from summary offences to complex and serious allegations. We understand the procedures, the pressure points, and the courtroom dynamics that can make a critical difference in your case.
Your Voice Comes First
To us, you are never just a file number. We take pride in listening carefully, answering your questions thoroughly, and keeping you informed at every stage. Our goal is to ensure you feel confident, prepared, and supported throughout the legal process.
Tailored Defence
No two cases are identical. We design customized defence strategies based on the specific facts, evidence, and objectives involved. Whether pursuing a negotiated resolution or preparing for trial, we approach your case with precision and purpose.
Responsive and Accessible
Legal matters often move quickly, and timely guidance is essential. Our team is accessible when you need us, providing clear communication, practical advice, and prompt responses so you are never left uncertain about what comes next.
Attention to Detail
Strong outcomes are built on careful preparation. We thoroughly review disclosure, analyze evidence, identify weaknesses in the prosecution’s case, and explore every available defence. This detailed and disciplined approach positions us to advocate effectively on your behalf at every stage.
Our Brampton Criminal Defence Practice Areas
Our Criminal and Regulatory Law team is dedicated to protecting your rights and helping you navigate even the most complex legal matters. Whether you are facing criminal allegations or responding to a regulatory investigation, we deliver strategic, focused representation designed to safeguard your future and your reputation.
Assault Offences
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CRIMINAL DEFENCE LAWYERS
Charged with Over 80?
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If you’ve been charged with impaired driving, choosing the right criminal defence lawyer is one of the most important decisions you can make. That’s why we offer a free, no-obligation consultation to help you understand your options and confidently determine your next steps.
Our firm proudly represents clients in Brampton and throughout the Greater Toronto Area.
We provide services in English, Punjabi, and Hindi to ensure clear communication and trusted guidance when it matters most.