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80 Plus

The offence of 80 Plus prohibits the operation or care and control of a vehicle while the person’s blood alcohol concentration is 80mg per 100mg of blood or over.

This offence is very technical in nature. A person commits an 80 Plus offence when he or she operates, or has care and control of, a motor vehicle with at least 80mg of alcohol in 100mL of blood. This is measured by either breath samples or blood samples.

When defending 80 Plus charges, the lawyer will often try to have the samples excluded from the court’s consideration and/or challenge the accuracy of the readings. Sometimes the drinking pattern that a person engaged in can impact whether the breath samples taken are accurate at the time of driving. If the approved instrument has been improperly maintained or improperly used, the breath samples may not be accurate.

Consequences of a DUI Drinking & Driving Conviction

On being charged with a drinking and driving offence (i.e., before you’ve even been to court!), your vehicle will be immediately impounded for 1 week and your driver’s licence will be immediately suspended for 90 days.

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In each case, if convicted, you will face a criminal record, an immediate downgrade from 6-star driving record for 6 years, much higher insurance rates once you are able to resume driving and you will have to complete remedial measures implemented by the Ministry of Transportation (Ontario) in order to have your licence reinstated.

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In addition, the judge may issue a probation or restitution order. A probation order may include: abstaining from alcohol, under-taking community service, submitting to an alcohol or drug assessment, participating in treatment, and any “other reasonable conditions the court considers desirable”. A restitution order compels the offender to compensate the victim, but these are less common in drinking and driving cases.

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The potential penalties are even greater when a drinking and driving offence leads to a person being injured or killed. In these cases, you could face a maximum possible penalty of life imprisonment for Impaired Driving causing death or 10 years for Impaired Driving causing bodily harm.

 

The following chart summarizes the potential costs and penalties associated with impaired driving:

First DUI Offence Minimum Penalties:

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  • $1000 fine (Depending on your BAC level, the minimum fine may be increased up to $2,000) + 30% victim fine surcharge

  • 1 year licence suspension (You may be able to drive after 3 months IF you plead guilty within 90 days of being charged AND install an Alcohol Ignition Interlock Device. If you are found guilty after trial, you will not be able to drive for at least 6 months IF you install an Alcohol Ignition Interlock Device)

  • Remedial measures requirement

  • 9 or 12 month ignition interlock condition upon reinstatement (Stream A or B)​

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