Driving “Over 80”

Section 253(1)(b) of the Criminal Code makes it an offence to operate or have care or control of a motor vehicle while having a blood alcohol content (BAC) of more than 80 mg of alcohol per 100 mL of blood (also called “0.08” or “over 80”). This is usually measured by breath analysis, but can also be measured by taking a blood sample.

Am I okay if I’m under 0.08?

It is not a criminal offence to drive with a BAC of less than 0.08, but this does not necessarily mean you will be completely off the hook. Most jurisdictions in Canada allow for license suspensions at lower BAC levels. In Manitoba, a BAC of 0.05 – 0.08 will result in an immediate 3‐day suspension of your driver’s license.

What about other substances?

There are currently no laws stating how much of other substances must be found in the body to create an offence. However, police officers may make demands for samples of oral fluid, urine, or blood if they suspect a driver is impaired by a drug, and their findings may lead to a charge of impaired driving.

Sentences for driving “over 80”

Disclaimer: this article is for information purposes only and is not legal advice. For legal advice, contact Matt Gould now to discuss your case.