Impaired Driving and “Over 80” – Section 320.14 of the Criminal Code of Canada

Driving under the influence of alcohol or drugs is one of the most frequently prosecuted offences in Canada. Section 320.14 of the Criminal Code sets out the main offences relating to impaired operation of a motor vehicle, vessel, aircraft, or railway equipment. Commonly referred to as “impaired driving” and “over 80,” these charges carry significant legal and personal consequences.

What Section 320.14 Says

Under Section 320.14(1) of the Criminal Code, a person commits an offence if they:

1. Operate a vehicle while impaired by alcohol, drugs, or a combination of both;

2. Operate a vehicle with a blood alcohol concentration (BAC) equal to or over 80 milligrams of alcohol in 100 millilitres of blood (“Over 80”);

3. Operate a vehicle with a blood drug concentration equal to or over the prescribed limit (such as THC from cannabis);

4. Refuse or fail to comply with a demand for breath or blood samples without a reasonable excuse.

Impaired Driving vs. “Over 80”

Although often laid together, these are technically distinct offences:

• Impaired driving is proven by demonstrating that your ability to operate a vehicle was affected to any degree by alcohol or drugs. Police observations—such as erratic driving, slurred speech, poor balance, or failed sobriety tests—are typically used as evidence.

• Over 80 refers specifically to exceeding the legal blood alcohol concentration of 80 mg of alcohol per 100 mL of blood, regardless of whether you appear impaired. Evidence comes from a breathalyzer or blood sample.

This means you can be charged with impaired driving even if your BAC is below 80, and conversely, you can be charged with “over 80” even if you appear to be driving normally.

Consequences of a Conviction

The penalties for impaired and over 80 offences are among the harshest in the Criminal Code. A first-time conviction carries:

• A mandatory minimum fine ($1,000 or higher depending on BAC level);

• An automatic driving prohibition of at least 1 year;

• A criminal record that can affect employment, immigration status, and travel.

Subsequent convictions or cases involving bodily harm or death carry escalating penalties, including mandatory jail sentences and lengthy driving prohibitions.

Defences to Impaired and Over 80 Charges

Every case is unique, but some common legal issues that may be raised in defence include:

• Charter violations (e.g., unlawful stop, arbitrary detention, delay in right to counsel);

• Breathalyzer or blood testing errors (e.g., improper calibration, operator mistakes, or breaches of testing timelines);

• Insufficient evidence of impairment where the Crown relies solely on officer observations;

• Reasonable excuse for failing to provide a sample (in rare cases, such as medical conditions).

Because of the technical and scientific aspects involved, these cases often turn on the smallest details.

Why These Cases Require Skilled Defence

Impaired and over 80 prosecutions are complex. Police must follow strict procedures, and even a small error can make the difference between conviction and acquittal. The consequences of a conviction are serious and long-lasting, which is why anyone facing these charges should seek immediate legal advice.

Call us today for a free consultation at 1-866-720-2245.