Impaired & Over .80

What Happens When You Are Charged with Impaired Driving (DUI)

In Canada, we have two types of DUI crimes: Impaired Driving and Over .80. There is no specific crime of driving under the influence or DUI.

These offences carry serious consequences — financial, legal, and personal. A conviction means a mandatory driving prohibition, forcing you to find other ways to get around, often for a year or longer. When your licence is reinstated, insurance premiums typically soar, and you will be required to install an alcohol interlock device at your own expense. Altogether, the loss of your licence and the cost of regaining it can reach tens of thousands of dollars. On top of that, a conviction usually invalidates your insurance coverage, leaving you personally responsible for injuries or property damage — even to your own vehicle.

What is Impaired Driving?

Impaired driving in Ontario means operating a vehicle while your ability is affected by alcohol, drugs, or a combination of both, or having a blood alcohol concentration of 80 milligrams or more within two hours of driving. Even if you feel fine, you can still be charged if you are over the legal limit. Police can require roadside testing, and a conviction can result in fines, jail time, a mandatory licence suspension, and a permanent criminal record.

The consequences extend far beyond the courtroom. An impaired conviction almost always leads to skyrocketing insurance rates, mandatory installation of an alcohol interlock device at your own expense, and serious limits on employment and travel. For professionals, military members, and anyone who depends on a clean record, the impact can be devastating.

Because the stakes are so high, it is essential to have a skilled impaired driving lawyer on your side. A strong defence can challenge the evidence, protect your rights, and help ensure that one mistake does not define your future.

What is Driving Over 80

In Ontario, the “Over 80” rule means that if you operate a vehicle with 80 milligrams or more of alcohol in 100 millilitres of blood, you are legally considered to be driving under the influence. Even if you feel fine, being over the 80 mg limit can result in an impaired driving charge, licence suspension, major fines, and lasting consequences.

How Many Drinks is Over 80?

How quickly you reach the legal alcohol limit depends on your weight, gender, and how quickly you drink. Standard serving sizes in Canada are:

• Beer: 12 ounces at 5% ABV

• Wine: 5 ounces at 12% ABV

• Spirits: 1.5 ounces at 40% ABV

For women:

• 57 kg (125 lbs) or less: usually at or over 80 mg after two drinks

• 57–80 kg (125–176 lbs): typically reach the limit after three drinks

For men:

• 68 kg (150 lbs) or less: usually at or over 80 mg after three drinks

• 68–91 kg (150–200 lbs): typically reach the limit after four drinks

These numbers are only guidelines — your body type, food intake, and time between drinks all matter. But the reality is that even two drinks can put you at risk of being “Over 80” in Ontario. If you are charged, the penalties include a mandatory licence suspension, skyrocketing insurance, and the possibility of jail.

The Financial Consequences of an Impaired Driving, or “Over 80” Charge in Ontario

The true cost of an impaired driving conviction in Ontario goes far beyond the courtroom. A DUI or “Over 80” charge brings mandatory fines, surcharges, and expensive court-ordered programs. For a first offence, drivers face a minimum fine of $1,000 plus a 30% victim fine surcharge, licence reinstatement fees, and mandatory participation in the Back on Track program, which costs over $700. In addition, anyone convicted must install an ignition interlock device at their own expense. Installation fees, monthly lease payments, and eventual removal typically cost thousands of dollars.

The financial burden only grows with time. Most people underestimate the effect of insurance after an impaired driving conviction in Ontario. Being found guilty almost always results in high-risk insurance premiums, often adding $5,000 to $10,000 per year for five or more years. That alone can add $25,000–$50,000 in extra costs in future years. For those who rely on driving for work, the added expense of taxis, rideshares, or replacement transportation during a licence suspension makes the situation even more costly.

Employment and career consequences can be even more damaging. A DUI conviction can mean losing your job if driving is part of your employment, and it can limit professional licensing, security clearances, or cross-border travel opportunities. These indirect financial consequences can quickly outpace the fines and fees. For many clients, the combination of lost income, legal costs, and insurance increases pushes the real price of an impaired conviction into the tens of thousands of dollars.

Altogether, the financial consequences of an impaired driving conviction in Ontario can easily exceed $40,000 to $70,000 over a ten-year period — and that is for a first offence. For repeat offenders or cases involving accidents, injuries, or refusal charges, the penalties and costs are far greater. This is why consulting an experienced impaired driving lawyer is critical.

Strong defence strategies can reduce or avoid a conviction, saving you not only your licence and your record, but also years of financial hardship.