"Over 80" is the common name for the offence under section 320.14(1)(b) of the Criminal Code: operating a motor vehicle with a blood alcohol concentration (BAC) at or above 80 milligrams of alcohol per 100 millilitres of blood. It is one of the most commonly charged impaired driving offences in Canada.
The "over 80" charge is distinct from impaired driving under section 320.14(1)(a). Impaired driving requires evidence that the person's ability to operate a vehicle was actually impaired by alcohol or drugs. The "over 80" charge requires only that the person's BAC was at or above the legal limit — regardless of whether they showed signs of impairment. In practice, most people charged with impaired driving are charged with both offences.
Defence strategies for "over 80" charges focus on the reliability and admissibility of the breathalyzer results. Common challenges include: the timing of the breath tests relative to the accused's last drink (the "bolus drinking" defence), whether the approved instrument was functioning properly, whether the qualified technician followed proper procedures, and whether any Charter violations occurred during the investigation that would justify excluding the evidence.