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Over 80 Charges - Kruse Law

You Don’t Need to Be Driving to Be Arrested for Over 80

A little-known fact about the Criminal Code of Canada: you can be convicted on a DUI charge even if you are not operating a motor vehicle. The offence is called “Over 80,” and describes when the concentration of alcohol in your blood is greater than 80 milligrams of alcohol per 100 millilitres of blood. If you’re “Over 80” and under the care and control of a motor vehicle – even if you’re just sitting behind the driver’s seat and it’s not in motion – you can be charged. Because this law is more complex than simply driving under the influence, if you’re pulled over or arrested for Over 80, you need the services of a criminal defence lawyer who understands the particular nuances of the “Over 80” law in order to mount the best possible defence.

How Does “Over 80” Work?

Being “Over 80” and driving under that condition are separate crimes; you can be charged for the former even if the latter is never proven. In most cases filed under the category of “Over 80,” however, both conditions usually apply and can be proven by Crown prosecution.

You may also face an “Over 80” charge by simply refusing to allow a breath or blood test to be administered. Under Canadian law, you are legally mandated to provide a breath sample when requested by a police officer – a requirement of which many drivers are unaware. Failure to submit to the test can carry the same penalties as actually being convicted of the charge.

The Consequences of an Over 80 Conviction

A conviction on “Over 80” will result in a criminal record, a licence suspension for no less than one year, and fines starting at around $600. Any injuries you cause to others while “Over 80” can result in progressively harsher sentences. Sentences for these convictions will remain on your driving record for the next 10 years, resulting in inflated insurance rates and making it difficult to obtain jobs that require the operation of a motor vehicle. To avoid or lessen these life-changing penalties, if you are facing an “Over 80” charge, you need experienced criminal defence counsel working on your behalf to make sure that this is not a mistake you have to live with for years to come.

The Kruse Law Firm – Experienced Ontario Criminal and DUI Defence Lawyers

Based in Ontario, the Kruse Law Firm has been providing top tier criminal legal defence for the last 20 years, specializing in criminal law defence but widely acknowledged as one of the leaders in DUI defence strategies. “Tell us your side – we’ll handle it” is the mantra by which Michael Kruse and his team of legal professionals operate, wanting each of their clients to rest assured that their case is in the best possible hands, and knowing that they will be properly represented when their day in court arrives. Michael Kruse has earned a reputation within the legal community for passion, commitment, and expertise across all areas of criminal law. Call (519) 744-0973 or send an e-mail to for a free, no-obligation consultation.