Jonathan Lapid

DUI Lawyer

The Advantages of Speaking with
Jonathan Lapid

  • One of the Highest Success Rates
  • Free Initial Honest Case Assessment
  • Reasonable Fees With No Hidden Costs

  • Successfully Defended Hundreds of Clients
  • Criminal Lawyers Rely on Him for DUI Advice
  • Jonathan Himself Has 25 Years of Experience

Over 80 Charge Ontario. What does it mean?

An Over 80 charge means you’ve been suspected of drunk driving and your blood/alcohol level is above 80mgs of alcohol per 100 millilitres of blood. Alcohol does not have to hinder your driving ability for this charge, unlike an impaired driving charge.

In fact, if an officer remotely suspects you have high blood/alcohol levels they can legally suggest a breath test or a field test such as making you recite your ABCs backwards or walking a straight line. But most often you will be required to blow into a roadside device.

One cannot refuse to submit to a breathalyzer test. Refusal can later be considered a criminal offence in court, so don’t make your situation worse. If you’re caught under the influence of alcohol and the police officer insists that you take a breath test – go along with it.



Consequences of an Over 80

If it’s your first impaired driving offence and you’re found guilty, you will get a criminal record.

Here are further potential consequences of over 80 charge:

  • Criminal Record
  • Loss of job and driver’s licence
  • Jail time, hefty fines, and probation
  • A dramatic increase in insurance premiums
  • Will be difficult to immigrate and apply for citizenship
  • You’ll be ineligible for certain career paths
  • Won’t be able to visit certain countries (such as the U.S.)
  • Might have conviction reported publicly

Do Not Fight Alone

25 Years of Experience Defending Impaired Drivers

One mistake isn’t worth a lifetime of headaches. But your first DUI can really impact your criminal history, take a toll on your finances, and really hinder your employment. The more severe your situation, the more you’ll need an experienced, reliable impaired driving defence lawyer to help you see it through and end up on the other side unscathed.

Get an Honest Opinion About Your Case

One mistake isn’t worth a lifetime of headaches. But your first Over 80 charge can really impact your criminal history, take a toll on your finances, and really hinder your employment.

Best Strategy Against Over 80 Charge, Ontario

According to Canadian regulations, the maximum allowable amount of alcohol while driving is 80 milligrams of alcohol in 100 milliliters of blood. If you can prove in court that the blood alcohol level at the time of driving was lower than the legal breath alcohol limit, you would win the case.

Of course, your chances to prove that, especially after passing the breath that showed 80 plus alcohol are slim. However, there are some tricks that can help you get out of it with the least damage – and the professional lawyer will help you.

Any lawyer worth their salt knows the simplest and the best defense strategy for impaired driving over 80 Ontario is to show to a zealous Crown prosecution that there are facts that they can’t prove.

The Crown Attorney has the burden of proof. They need to work arduously to demonstrate that a huge checklist of items can’t be disputed. If they can’t prove one of these checkpoints, the Crown can’t be successful with a conviction for the drive over 80 mgs.

It’s not simple to prosecute an Over 80 charge because it must be proven that your blood contained 80 milligrams of alcohol exactly the moment you were driving and not the moment you were taking the test.

Since alcohol levels in the human body might rise as alcohol travels to the bloodstream from the stomach or decrease during the metabolic process, it’s nearly impossible to calculate exact blood/alcohol levels at the time of driving, particularly since the breath test is taken hours later.



The Advantages of Speaking with
Jonathan Lapid

  • One of the Highest Success Rates
  • Free Initial Honest Case Assessment
  • Reasonable Fees With No Hidden Costs

  • Successfully Defended Hundreds of Clients
  • Criminal Lawyers Rely on Him for DUI Advice
  • Jonathan Himself Has 25 Years of Experience

Do You Have Questions Regarding an Impaired Driving Over 80 mgs?

Check Out This Insightful FAQ

What is BAC?

In Canada BAC (blood alcohol concentration) is the measurement of the amount of alcohol in a person’s blood. The more one drinks, the higher the level of BAC. You can’t exceed the allowed limit of BAC if you plan to drive, even one drink means you can’t use your car and drive that day.

What is the difference between the charge for impaired driving and BAC charge?

Impaired driving and “over 80 charge” are 2 different offences in Canada. Importantly, these offences require different defense strategies in court. By law, the maximum allowable blood alcohol content when driving must be below 80.
So if you are driving with 80 mg of alcohol in blood and the breath test you take proves it, it is an “Over 80“ charge. Impaired driving charge is laid when the driver’s behavior clearly indicates that he or she is not in control of his or her actions and can’t operate the car wheel.
Signs of impaired driving include slurred speech, loss of balance, poor driving. As a rule, the court requires witnesses (other drivers, passengers, police officers, pedestrians), that is, anyone who can testify that the driver was not in control of his actions).
It is important to note that impaired driving can be caused not only by alcohol consumption but also by drugs. If one takes a light drug such as marijuana, the penalties would be charged if the THC content in the blood is more than 2-5 ng while driving.
If the level is higher, the penalties are severe. When taking more serious drugs such as magic mushrooms, LSD, cocaine or other types of drugs, any detectable amount of these drugs in the blood is illegal and would result in severe penalties. It should be said, when drugs are involved, finding evidence of impaired driving becomes more complicated. To start with, in the case of drugs, it is not enough to find a witness to testify to the driver’s erratic behavior. The case that includes driving under the influence of drugs requires a drug recognition expert to conduct drug tests and observe the behavior of the arrested driver.

Does the test for the alcohol concentration in blood always show true results?

Yes, the test would show the true results. The tricky part is that you may not suspect that you are under the influence of alcohol and think that you are absolutely sober, even though you have a certain concentration of alcohol in your blood. This is due to increased tolerance to alcohol – the more you drink, the more tolerant you become.
The same thing can happen with drugs, by the way. In course of time, you get used to drugs, your tolerance to drugs increases, so you need to consume more drugs to feel the effects of high. You might not even realize how your drug dosage increased in course of time. Indeed, the feelings when using drugs can subside while the concentration of the drugs in the blood, as you consume more, increases.

What are the penalties for driving with BAC 80 mg?

Under the Criminal Code of Canada, it is an offence to be caught with 80 plus blood alcohol level. The penalty for driving with 80 plus alcohol in blood is severe, as unfocused and inattentive driving as a result of drunkenness can lead to car accidents and harm innocent people. The penalty may include: a criminal record, loss of driver’s license, large fines, compensation for those harmed, or jail time.

Are the penalties for a first offence and for subsequent offences the same?

No, the penalties for the first offence and the subsequent ones are not the same. The second, third and subsequent offences are punished more severely.

How many drinks does it take to pass the BAC threshold?

The answer to this question is quite dynamic, for several factors come into play. Firstly, your body mass is incredibly important. Obviously a 250 pound man will need to drink far more alcohol than a 130 pound woman.
Also, the type of drink you are ingesting is incredibly relevant. For example, a glass of wine won’t have the same alcohol level as a beer. Different types of beer contain different amounts of alcohol. Another factor when it comes to passing the threshold is how much you’ve had to eat beforehand. For example, if you’re drinking on an empty stomach, the alcohol will enter your bloodstream at a far faster rate than after having eaten.
If you are drinking on a full stomach the situation would be better. A full stomach is bound to reduce the amount of alcohol absorbed into your bloodstream. As you can tell, the answer to this question is very dynamic, and relies on the factors on display.
The wisest thing to do would be to never get behind the wheel while impaired and leave a criminal stain on your life history. It won’t be easy to protect you during the trial and even the top DUI lawyer can’t work magic and keep you out of jail if a fatal car accident is involved in the case.

Are there any other crimes associated with over 80 charges in Canada, that I may not know about?

If you were pulled over by a police officer who suspected you were driving under the influence, the subsequent DUI charge is not the only penalty you’ll face in court. Remember that you would be publicly convinced for:


  • Refusal to use a breathalyzer. If you refuse to give a breath sample to a police officer, it is a criminal offence. If a police officer asks you to take a breath test, you have no choice but to take it.
  • Sitting alone in a car under intoxication. If you are drunk and are caught by a police officer sitting alone in a car, even in the passenger seat, without driving the car, it is a felony. Not everyone knows about this – there should definitely be one sober driver in the car.
  • Intoxication does not only include alcohol. You can be convinced if you have been driving under the influence of drugs. The penalties would be charged if after taking drugs like marijuana the THC content in the blood is more than the allowed limit of 2-5 ng. For more intense drugs the penalties would be severe.

Basically, if you were publicly convinced of any of these offences, you would need the help of an impaired driving lawyer in Canada.

What’s the difference between a DUI and a DWI? What does the law in Canada say?

Under criminal law ‘DUI’ refers to driving under the influence and ‘DWI’ refers to driving while impaired or under intoxication. Both of these terms sometimes get intermingled between each other, but they are different. Under Ontario law, the blood alcohol content (BAC) is 0.08. If you go over this legal limit, then you’ll be charged with a DUI after you go through the applicable sobriety tests.
With a DWI, you could be charged just based on your actions. You could still be well under the level BAC legal limit and get charged with a DWI. In most cases, the police officer at the scene of the incident will be responsible for the DWI charge.

If I get a DUI, am I facing possible jail time?

Yes, first time offenders are facing the possibility of up to 30 days in jail. For second time offenders, as a penalty you are facing up to 60 days, and for third time offenders, 120 days. These details are largely related to those who commit offences without harming or injuring anyone.
For offences that include damage or bodily harm to others, your chances for getting off easy are very low, the sentencing is likely to be as high as 10 years in jail or prison. Jail and prison time sentencing is largely up to the discretion of the crown lawyers and the presiding judge. Although the possibility looms, it is not certain that you will be sent to jail or prison.

What Should I Do Next After My DUI?

The first thing that most people experience when they are going through their DUI is fear and anxiety. Getting a DUI can have serious consequences on your life. If it gets public, it would spoil your career or future. Driving under the influence of either drugs or alcohol will result in a DUI.
It doesn’t matter what type of vehicle you’re driving if you are drunk. You can be driving a: car, motorbike, boat, plane. The law surrounding DUI charges and impaired driving is quite complex and there are many different factors involved in it. No matter what, even if you were driving drunk or intoxicated, you shouldn’t plead guilty publicly in your case. If you do plead guilty publicly, then you’ll have a lot of limitations in what can be done.
The only way to avoid that is to hire an experienced driving lawyer for defense of your interests. A DUI lawyer knows all the pitfalls that may arise in the case and would help to avoid mistakes that would cost you dearly.

Jonathan Lapid - DUI Industry Leader

Jonathan Lapid is a criminal defence lawyer and DUI expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him and the officer said that after asking his police friends who they lose to in court, it was Jonathan’s name that popped up again and again.


He has represented an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers and many other hard working Canadians.


If nothing else, this tells you that he’s built a track record others take notice of and there’s a reason why even the highest profile individuals entrust him with their cases.

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