According to the Department of Justice, impaired driving is the major criminal cause of death in Canada. This is why Canada has established a strict legal threshold for blood alcohol concentration (BAC): 0.08%.
While this number is legally clear, it often leads to confusion among drivers. What does it mean in reality? How many drinks is 0.08%? Understand how alcohol affects your BAC, how many drinks might put you over the legal limit, and how to remain within the law.
What Is BAC 0.08 in Canada?
BAC refers to the quantity of alcohol in your bloodstream. A BAC of 0.08% means there are 80 milligrams of alcohol in 100 millilitres of blood.
Under the Criminal Code of Canada, a BAC of 0.08% or higher is considered a criminal offence at the federal level, meaning it is uniformly applied across all provinces and territories. You can also face administrative penalties if your blood alcohol content falls within the warn range of 0.05-0.079. That means even a few drinks may result in fines, license suspensions, or worse.
Zero-tolerance policies also apply to young, commercial, and beginner drivers. In these groups, any detectable amount of alcohol can result in immediate penalties.
How Many Drinks Is 0.08?
While there is no universal answer, you can estimate based on your sex and weight. For a man of average weight (around 160-180 lbs), it might take 4 to 5 standard drinks consumed over two hours. For a woman weighing about 140 lbs, it may take 3 to 4 standard drinks over the same period.
Now, what is a standard drink? It’s a drink with approximately 13.45-14 grams of pure alcohol, which equates to:
12 oz (341 ml) of beer with 5% alcohol content;
5 oz (142 ml) of wine at 12% alcohol;
1.5 oz (43 ml) of distilled spirits (whiskey, vodka, etc.) at 40% alcohol.
For a more detailed picture, see the following alcohol level chart, organized by weight and sex:
What Factors Affect Your BAC?
It’s difficult to pinpoint exactly how many drinks it takes to reach 0.08% BAC because a wide range of personal factors come into play.
Sex: Women usually reach higher BACs than men for the same number of drinks;
Weight: Lighter individuals dilute alcohol less effectively;
Food: Drinking on an empty stomach raises your blood alcohol level higher;
Rate of drinking: The faster you drink, the greater your peak BAC;
Type of drink: Beverages with higher alcohol concentrations raise BAC more quickly;
Medications: These can interact with ethanol unpredictably.
With so many factors influencing the answer, it’s quite difficult to know exactly how much alcohol will equal 0.08% for your system specifically.
Is It Possible to Drink and Still Be Under the Legal Limit?
Technically — yes, it’s possible, but it’s risky. In practice, a single drink consumed over an hour with food leaves most adults below 0.05 BAC. Two drinks within an hour can exceed 0.05 BAC for many drivers, triggering roadside sanctions in most provinces, including Ontario.
So, when people ask how many drinks to stay under the limit, the safest legal answer is: as few as possible, or ideally none before driving. If you drink and still need to drive, consider using a certified personal breathalyzer, arranging a designated driver, or opting for a taxi or rideshare.
How BAC Is Measured in Canada
Routinely checking BAC is a measure implemented to reduce the amount of casualties related to DUI incidents. BAC in Canada is measured using these two primary methods:
Approved screening devices when police use a handheld roadside breathalyzer during traffic stops to conduct initial assessment;
Evidentiary breath test — if you fail or refuse the roadside test, you’ll be taken to a police station for a certified breath test using a calibrated machine.
The results of an evidentiary breath test can be used in court. In rare cases, especially when breath samples cannot be provided (for example, due to injury), a blood test can be used instead. These are typically conducted at medical facilities.
Remember that refusing to provide a breath or blood sample without a valid reason is itself a criminal offence.
What to Do If Charged with a DUI
If you’ve been charged with impaired driving in Canada, your future will depend on your next steps. Here’s what you should do:
Don’t refuse to give a breath sample. As discussed, a refusal without a valid reason is a criminal offense and can result in a $2,000 fine.
Document everything. Write down every detail about the events leading up to your arrest. This includes the circumstances, officers’ behaviour, or any statements you made. This will help your lawyer create a timeline of events and ensure that nothing is overlooked.
Contact a DUI lawyer immediately. Having the support of a qualified attorney will ensure you don’t harm your case with impulsive actions or remarks.
Follow legal guidance. Your lawyer will advise you on the best course of action in your situation.
A DUI charge is not a conviction. With skilled representation, you may be able to avoid a criminal record, minimize your penalties, and protect your future. Consult with a professional Toronto DUI lawyer to avoid serious consequences.
Penalties for Driving Over 0.08 in Canada
The federal penalties for driving at or over 0.08% BAC are severe and increase with repeat offenses. For a first offence, drivers can expect:
Minimum fine of $1,000 (more for higher BAC levels)
At least a 1-year driving prohibition
Possible jail time (up to 10 years)
The second offence will result in a minimum of 30 days in jail, while a third will increase the term of imprisonment to a minimum of 120 days.
In addition to the federal penalties, each province may apply their own administrative sanctions. For example, in Ontario, first-time offenders who blow 0.08 on a breathalyzer get an immediate 90-day licence suspension, 7-day vehicle impoundment and $550 administrative penalty. For more details, consult the website of the Ontario Ministry of Transportation.
Conclusion
You can roughly estimate how many drinks is 0.08, but there are many individual factors that come into play. Since you really can’t know for sure how many drinks will push you over the legal limit, it’s best to be careful to avoid legal repercussions.
What does BAC 0.08 mean?
BAC of 0.08 means there are 80 milligrams of alcohol per 100 milliliters of blood. This amount is the official federal criminal limit in Canada for driving under the influence.
Does the legal BAC limit apply to all drivers equally?
No, in many provinces new drivers, young drivers, and commercial drivers often face stricter zero-tolerance or lower BAC limits.
How long does it take for alcohol to leave the bloodstream?
On average, it can take up to 12 hours for alcohol to leave your system, but the rate varies significantly based on individual characteristics. It also depends on the checking method – whether the test is based on blood, breath, or urine.
