Wednesday, October 5th, 2022

What is the difference between “Over 80″ and “Impaired Driving” charges?

“Over 80” charges are for cases where a breathalyzer test was conducted, and the breathalyzer’s readout indicated that the driver’s blood alcohol level was over the legal limit in Ontario. “Impaired Driving” charges can occur with or without a breathalyzer test – for example, if the driver had been caught driving erratically on a highway and admitted to drinking multiple alcoholic beverages before driving. Impaired driving charges usually occur if there is physical evidence of inebriation such as stumbling, staggering, slurring, or glassy eyes.

There is a third type of Ontario drinking and driving charge as well: refusing to provide a breath sample. For more information on all three, check out our blog post entitled Types of Drinking and Driving Charges in Ontario.

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