Charged With
"Over 80" in Toronto?
The Number Isn't the Whole Case.
An Over 80 charge is based on your blood alcohol concentration reading — not observed impairment. That makes the instrument, the timing, and the paperwork the entire case. Legal Solutions Law Firm scrutinizes every one.
Toronto Over 80 Defence
Toronto Over 80 Charges: The Reading Is Only Part of the Story
An Over 80 charge under Criminal Code s.320.14(1)(b) is proven by a blood alcohol concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood — measured by an Approved Instrument at the police station. Unlike an impairment charge, no evidence of erratic driving is required.
That makes this offence almost entirely dependent on the reliability and legality of how the reading was obtained: whether the instrument was properly maintained and calibrated, whether the second sample was taken within the legislated timeframe, and whether your Charter rights were respected throughout.
Legal Solutions Law Firm requests full disclosure on the specific instrument used in your case and reviews every procedural step for defects. Call or text 416-274-2222 for a free, confidential consultation.
We obtain maintenance logs, calibration checks, and technician certification for the exact Approved Instrument used in your case.
Breath samples must be taken within strict legislated timeframes. Delays or procedural gaps can undermine the reliability of the result.
Unlawful detention, denied access to counsel, or an improper demand can result in the reading being excluded from evidence entirely.
Know your total cost upfront. No hourly billing, with flexible payment options available.
Real-World Scenarios
Common Over 80 Scenarios We Handle
Over 80 charges arise from a range of roadside and station circumstances. Here are common scenarios we see across Toronto.
RIDE Program Stop
A routine RIDE checkpoint stop that leads to a roadside test and subsequent station breathalyzer reading.
Borderline Reading
A reading close to the 80mg legal limit, where small margins of error carry outsized importance.
Delayed Testing
A case where a significant delay occurred between the stop and the breath testing, raising timing and reliability issues.
Second or Subsequent Charge
A repeat Over 80 allegation carrying escalated mandatory minimum penalties.
Combined Impairment and Over 80
A case where the Crown alleges both observed impairment and a blood alcohol concentration over the legal limit.
What We Handle
Over 80 Matters We Defend
We handle Over 80 charges at every level of severity, from first-time roadside readings to repeat and aggravated matters.
Our Approach
How We Defend Your Case
Call us any time — 24/7. We explain the reading process and your realistic defence options at no cost.
Ontario's roadside suspension often has a short appeal window. We move immediately to protect your ability to drive.
We request maintenance records, calibration logs, and technician certification for the exact device used to test you.
We verify that samples were taken within the legislated windows and that the certificate of analysis meets legal requirements.
We negotiate directly with the Crown to secure a withdrawal or reduced resolution wherever the evidence supports it.
When necessary, we take the matter to trial and cross-examine the breath technician and toxicologist.
Plain Language Legal Guide
Over 80 Charges — What You Need to Know
What "Over 80" Actually Means
This charge does not require the Crown to prove you were driving badly or appeared drunk — only that your blood alcohol concentration exceeded 80mg per 100ml of blood at the time you were driving, as measured by an Approved Instrument.
Because the charge rests entirely on a number, the process used to generate that number becomes the central issue in every case.
The Instrument Isn't Automatically Reliable
Approved Instruments require regular calibration and maintenance by certified technicians. We request the complete service history for the specific machine used in your case.
Gaps, missed calibration checks, or irregularities in the certificate of analysis have resulted in charges being withdrawn in cases we've handled.
The 7-Day Licence Appeal Window
The administrative roadside licence suspension operates on its own clock, separate from the criminal charge, and the appeal window can be as short as 7 days.
Call us the same day you are released to make sure this deadline is not missed.
Charter Rights at the Station
You have the right to speak with a lawyer before providing breath samples in most circumstances, and samples must be demanded and taken within specific legislated timeframes.
Breaches of these requirements are among the most common — and most effective — grounds to have Over 80 evidence excluded.
Negotiating a Resolution
Where the reading and process are solid, we work to negotiate the most favourable resolution available — including sentencing arrangements that minimize long-term licence and insurance consequences.
We are honest with clients about the strength of the evidence from day one.
The Long-Term Cost of a Conviction
An Over 80 conviction carries a mandatory minimum fine, a driving prohibition, and a criminal record — with insurance premiums often tripling or more for years afterward.
Given these stakes, a careful technical review of the evidence is almost always worth the investment.
Know the Process
Where Your Case Is Heard — Toronto Courts
Like other impaired driving matters, an Over 80 charge is typically heard at Toronto's Ontario Court of Justice.
Ontario Court of Justice — 10 Armoury Street
Toronto's criminal matters — including first appearances, bail hearings, and trials for summary and many indictable offences — are heard at 10 Armoury Street. This purpose-built courthouse opened in 2023, consolidating the criminal courts formerly split across Old City Hall and College Park into one 17-storey building, the largest courthouse in Ontario.
Superior Court of Justice — 361 University Avenue
More serious indictable matters and jury trials are heard at the Superior Court of Justice at 361 University Avenue, which houses both the Criminal and Family branches. This is a separate courthouse from 330 and 393 University Avenue, which handle Superior Court civil matters.
Know What's at Stake
Potential Penalties
Like other impaired driving offences, Over 80 penalties escalate significantly with each subsequent conviction, and Parliament has set mandatory minimums that apply regardless of individual circumstances. The information below reflects general, well-established minimums — your actual exposure depends on the specific facts of your case.
Mandatory minimum fine of $1,000, plus a licence suspension and criminal record upon conviction.
Mandatory minimum of 30 days imprisonment.
Mandatory minimum of 120 days imprisonment.
A conviction typically results in dramatically higher insurance premiums for years, and some insurers decline coverage altogether.
Understanding Your Options
Possible Case Outcomes — Best to Worst
Every criminal case can result in a range of outcomes. Our goal is always to achieve the best possible result — and in the vast majority of cases, that means no jail and no permanent criminal record.
Charged With Over 80? The Instrument Records Matter Most.
Every Over 80 case depends on the reliability of the reading. Legal Solutions Law Firm is available 24/7 to start reviewing your file immediately — your consultation is always free.
Why Legal Solutions
Why Choose Our Toronto Over 80 Defence Lawyers
Over 80 defence is a numbers game — literally. Ryan Manilla has spent over 15 years at the Ontario Bar picking apart breathalyzer maintenance logs, certificates of analysis, and Charter timelines to find the defence other lawyers miss.
We treat every reading as a starting point for investigation, not a foregone conclusion.
Client Testimonials
What Our Clients Say
I had a very positive experience with Legal Solutions Law Firm. Ryan represented me in a family court matter and provided excellent guidance and support throughout the entire process. He was professional, knowledgeable, and always took the time to answer my questions and explain everything clearly. Family court matters can be stressful, but Ryan helped make the process much easier and gave me confidence every step of the way. I truly appreciated his dedication, responsiveness, and commitment to achieving the best possible outcome. I highly recommend Legal Solutions Law Firm and Ryan to anyone looking for a compassionate and experienced family lawyer.
We tried to defend ourselves in civil court, but ultimately decided to hire Ryan — and it was the wisest decision we have made in the last two years of hell with our condo managers. Ryan and his team have been exceptional: swift, sharp, on the ball, and always asking the right questions while making the right arguments to move our case forward to the Superior Court.
Ryan did an outstanding job on my case. He was clear, professional, and always kept me informed. Thanks to his hard work, my charges were dropped. I’m very grateful and highly recommend him.
I wish I could add five more stars to show how happy we are with the legal services of Ryan J. Manilla and his team. They took charge of our legal matters, worked tirelessly on short notice, and delivered outstanding legal documents on time. Their teamwork, professionalism, patience, and understanding of our situation gave us tremendous peace of mind. Most importantly, we sleep better at night knowing that we are in good hands, with a legal team that has the expertise and compassion to handle sensitive matters with care.
I had a great experience working with Ryan at Legal Solutions. He is professional, responsive, and very knowledgeable. Any time I had questions, he got back to me quickly and provided practical advice. I wouldn’t hesitate to use him again.
I was going through anxiety not knowing what to expect with my case. Ryan explained everything simply and stood up for me at my hearing. I’m really thankful for his help!
I had such a stressful time trying to find legal help. I felt lost and hopeless when I got a notice to appear at the LTB. When I found Ryan, he stepped up and defended me. He’s knowledgeable about both the LTB and criminal law, and most importantly he’s tough! Exactly what I was looking for. I’m so glad I found him.
Ryan is a tough lawyer who defended us during a very difficult time. He helped me with a Landlord and Tenant Board issue. People told me to get a paralegal, but the ones I contacted either wouldn’t help or couldn’t communicate well in English. When I found Ryan, he explained the situation clearly and told me what to do. He showed up to the hearing tough and ready to go. I’m so glad I found him!
One of the best. Well poised, smart articulate. Know his stuff and one of the best lawyer out there to work with.
Common Questions
Frequently Asked Questions
Defending Clients Across Toronto and the GTA
Our Reach
Serving Every Toronto Neighbourhood
From over 80 charges arising downtown to cases across the inner suburbs, Legal Solutions Law Firm defends clients throughout Toronto.
From My Experience: Over 80 Cases Live and Die in the Machine's Paperwork
People often walk into my office having already convicted themselves in their own mind because they know their reading was over the limit. What they don't realize is that the reading itself is only reliable if everything around it was done correctly — and it frequently wasn't.
The Detail Most Lawyers Skip
Requesting the full maintenance and calibration history for the specific Approved Instrument used is not optional in my practice — it's standard on every file. I've seen cases collapse because a required calibration check was missed by days, or because the technician's certification had lapsed without anyone at the station noticing.
The other thing I tell clients is that timing is everything. Breath samples must be taken within specific legislated windows, and any deviation — even one that seems minor — can open the door to a Charter application. If you've been charged with Over 80, don't assume the number is the end of the story. Call me first: 416-274-2222.
Free Resources
Tools & Guides
Wondering what an Over 80 charge could cost you, or whether you can refuse a roadside test? These free tools and guides can help:
Speak With an Over 80 Defence Lawyer Today
Charged with Over 80 in Toronto? Contact Legal Solutions Law Firm for a free, confidential consultation. Available 24 hours a day, 7 days a week — including emergency appointments.