Exceed Over 80
Defending Blood Alcohol Cases With Scientific Scrutiny And Legal Precision.
Understanding Section 320.14(1)(b) – “Over 80” and Care or Control of a Motor Vehicle
Section 320.14(1)(b) of the Criminal Code of Canada makes it a criminal offence to have care or control of a motor vehicle while having a blood alcohol concentration (BAC) equal to or exceeding 80 milligrams of alcohol per 100 millilitres of blood—commonly referred to as the “Over 80” offence. It’s important to note that a BAC below 80 does not, on its own, support a charge under this provision.
A key element of this offence is that the vehicle does not need to be in motion for a charge or conviction to occur. The law is primarily concerned with prospective risk, not just actual danger. What the Crown must establish is that the accused was in care or control of the vehicle while impaired or with a prohibited BAC.
“We Stand For Those Accused Of Driving Over The Legal Alcohol Limit. Csn Law Challenges Flawed Testing, Protects Your Rights, And Builds A Rigorous Defence To Preserve Your License, Freedom, And Reputation.”
What Constitutes "Care or Control"?
The concept of “care or control” is broader than simply driving. It includes scenarios where an individual has the ability to operate or unintentionally set the vehicle in motion, creating a risk of harm to public safety.
For example, a person found seated in the driver’s seat with the keys nearby, or with access to start the vehicle, is often presumed to be in care or control. This creates a legal presumption, but it is rebuttable. The defence can challenge it by showing that there was no realistic risk of the vehicle being put in motion, intentionally or accidentally.
The Importance of Context and Evidence
Each case turns on its specific facts. Courts will consider various factors, including:
- The individual’s position in the vehicle
- Location of the keys
- The person’s intentions
- Level of impairment
- Statements to police or witnesses
- Any alternative explanations offered
The Crown bears the burden of proving each essential element of the offence beyond a reasonable doubt. That includes establishing both the BAC and that the accused had care or control in a legally meaningful sense.
Penalties for a DUI offence
Penalties for a DUI Offence in Canada
(Impaired Driving / Over 80 / Refusal to Provide Sample)
Driving under the influence (DUI) is a serious criminal offence under the Criminal Code of Canada. A conviction can lead to substantial legal, personal, and financial consequences, even for a first-time offender.
Minimum Penalties (Criminal Code, s. 320.19)
First Offence:
- Mandatory $1,000 fine
- 12-month driving prohibition
- Criminal record
- Mandatory participation in Ontario’s Ignition Interlock Program
- Licence reinstatement fees and increased insurance premiums
Second Offence:
- Minimum 30 days in jail
- 2-year driving prohibition
- Extended ignition interlock and rehabilitation requirements
Third or Subsequent Offence:
- Minimum 120 days in jail
- 3-year (or longer) driving prohibition
- Potential for lifetime licence suspension
Aggravating Factors Can Increase Penalties
The court may impose harsher penalties if:
- Your BAC was 120 mg or more
- There was a collision or bodily harm
- A child was present in the vehicle
- You have prior convictions
- You refused to provide a breath sample
Administrative Penalties (Ontario)
Even before your case is resolved in court, the province may impose:
- Immediate roadside licence suspension (90 days)
- Vehicle impoundment (7 days)
- Mandatory education or treatment programs
- Ignition interlock for reinstatement
Long-Term Consequences
- Criminal record, which can impact employment, immigration status, and international travel (especially to the U.S.)
- Significantly higher insurance premiums or denial of coverage
- Immigration consequences for non-citizens and permanent residents, including inadmissibility or deportation
Why Legal Representation Matters
A DUI charge doesn’t automatically mean a conviction. At CSN Law PC, we explore every legal angle—Charter violations, testing procedures, grounds for arrest, and evidentiary issues—to fight for a dismissal, reduction, or acquittal.
If you’ve been charged, contact us immediately for a free consultation. We’ll stand by you with unwavering commitment to your defence.
Why Legal Advice is Critical
“Over 80” and care or control cases can be complex, with technical defences rooted in constitutional law, forensic science, and evidentiary rules. An experienced criminal defence lawyer will analyze every aspect of the police investigation, challenge the admissibility or reliability of breath samples, and assess whether the care or control element has truly been met.
If you are charged under this section, it is critical to seek immediate legal advice to protect your rights and explore potential defences.
