Over 80 DUI Lawyer in Brampton
Charged With Over 80 in Brampton? I’m Here to Protect Your Licence, Record, and Future
If you have been charged with Over 80 in Brampton, you are facing one of the most serious and complex driving-related criminal offences in Ontario. As a Criminal Lawyer with more than 10 years of experience defending impaired driving and over 80 cases, I understand how quickly these charges can disrupt your life. I work directly with every client and build strategic, evidence-driven defences to protect your record, your licence, and your future.
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What an Over 80 DUI Charge Means in Ontario
An “Over 80” charge is laid when police allege that your Blood Alcohol Concentration (BAC) was 80 mg of alcohol in 100 mL of blood or higher at the time of testing. This is based on readings obtained from an approved breathalyzer device.
While many people assume Over 80 and Impaired Driving are the same, they are distinct charges.
- Over 80 focuses on your breath readings.
- Impaired driving focuses on your driving behaviour and physical signs of impairment.
Police often lay both charges together, and both can carry severe consequences.
How Police Measure BAC
Police rely on approved screening devices at the roadside, followed by breathalyzer tests at the station. These readings must be taken properly, within specific timelines, and in accordance with strict legal procedures. Any breach of these procedures can open the door to a successful defence.
Common Misconceptions
- You can be charged even if you felt fine to drive.
- You can blow over the limit even hours after drinking.
Breath readings are not automatically valid—they can be challenged.
The Legal Consequences of an Over 80 DUI Conviction
A conviction for over 80 can affect nearly every aspect of your life. Understanding the penalties helps you appreciate why it is critical to fight the charge effectively.
Immediate Consequences
- 90-day licence suspension through the Administrative Driver’s Licence Suspension (ADLS) program
- 7-day vehicle impoundment
Immediate monetary penalties and reinstatement fees
Criminal Penalties
Even for a first-time conviction, the penalties are mandatory:
- Minimum $1,000 fine
- Mandatory alcohol education or treatment programs
- Ignition interlock device installation
- Criminal record
- Possible jail for higher readings or aggravating factors
Second and third convictions carry mandatory jail sentences.
Long-Term Ramifications
- Dramatically increased insurance premiums
- Barriers to certain professions or licences
- Travel restrictions to the United States
Permanent criminal record unless successfully defended
How I Defended Over 80 DUI Charges
Every Over 80 case has vulnerabilities. My role is to identify and leverage them to protect your record and your future.
Challenging the Traffic Stop
Police must have reasonable suspicion to stop, detain, or screen you. If they lacked a legal basis to pull you over, the stop may be unlawful, and the evidence can be excluded.
Challenging the Breath Demand
The officer must clearly articulate a lawful demand within a reasonable time and follow strict procedures.
A defence may succeed if:
- The demand was delayed
- You were not given proper instructions
The officer lacked reasonable suspicion
Challenging the Breathalyzer Results
Breath samples must be obtained:
- Within the required timeframe (“as soon as practicable”)
- On a calibrated and properly functioning device
- By a certified qualified technician
- With no undue delay or procedural errors
Failures in any of these areas can undermine the reliability of the readings.
Charter Defences
Violations of the Canadian Charter of Rights and Freedoms, particularly Section 8 (unreasonable search) and Section 10(b) (right to counsel), may result in evidence being excluded. These violations are common in over 80 cases and often form the foundation of a winning defence.
Common Situations That Lead to Over 80 Charges
Understanding how these cases start helps identify potential defence angles.
- Random RIDE program checks
- Erratic driving observations
- Single-vehicle collisions
- Calls from other drivers or witnesses
- Charges laid after you get home (post-driving drinking defence considerations)
Each scenario involves distinct legal considerations that I analyze carefully.
What You Should Do Immediately After Being Charged
- Contact a DUI lawyer right away
- Do not discuss details with the police beyond what is absolutely required
- Write down everything you remember about the stop, testing, and interactions
- Keep all paperwork and release documents
- Do not assume the case is unwinnable simply because you blew over
Acting quickly ensures we preserve all possible defence options.
Understanding the Court Process for Over 80 Charges
First Appearance
This is an administrative step where disclosure is usually provided.
Disclosure Review
I examine every piece of evidence, including officer notes, video recordings, breathalyzer logs, and timing sequences.
Pre-trial Discussions
I negotiate with the Crown, identify weaknesses in their case, and assess whether the charge can be reduced or withdrawn.
Trial and Possible Outcomes
Depending on the strength of the defence, outcomes may include:
- Full withdrawal of charges
- Reduction to a non-criminal offence (rare but possible)
- Acquittal after trial
- Strategic plea resolution where appropriate
Why Choose Me as Your Over-80 DUI Lawyer in Brampton
- Over a decade of experience fighting DUI and Over 80 charges
- One-on-one representation—your case is never handed off
- A proven record of challenging breath tests, traffic stops, and Charter issues
- Clear communication and a personalized approach
- Thorough preparation for every step of the process
My goal is simple: to protect your rights, your licence, and your future.
Contact Me for Immediate Help
If you are facing an Over 80 DUI charge in Brampton, you need strategic, experienced defence. Call me at (437) 998-1429 to discuss your situation and next steps. I am ready to protect your future.
Frequently Asked Questions
You should avoid discussing your case with anyone other than your lawyer, keep all documents provided by the police, and contact me as soon as possible. Early legal advice can prevent mistakes that may harm your defence.
Yes, charges can be withdrawn when the evidence is weak, or your Charter rights were violated. I assess every detail of the stop, the testing procedures, and the officer's conduct to identify grounds for dismissal.
Absolutely. Conditions such as acid reflux, diabetes, anxiety, or neurological issues can affect a breath test or make sobriety tests unreliable. I evaluate whether medical factors contributed to the allegations.
Yes. “Care and control” laws allow police to charge you even if you were not driving but were in a position to operate the vehicle. These cases are highly defensible, and I often successfully challenge the evidence.
Yes. Even a first-time offence carries mandatory fines, a criminal record, licence suspensions, interlock requirements, and insurance consequences. A conviction can affect employment and travel. It is critical to challenge the charges.
Yes. Ontario imposes an immediate roadside suspension. However, the long-term suspension only applies if you are convicted. A strong defence can help protect your licence.
Generally, yes. Refusing a roadside test or a formal breathalyzer at the station is a separate criminal offence with penalties equal to or more severe than those for impaired driving.
Most cases take several months, depending on disclosure, court scheduling, and whether the case goes to trial or resolves earlier. I work proactively to move your matter forward and pursue the best outcome as efficiently as possible.