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Under section 320.14(1) of the Criminal Code, driving over 80 refers to operating a motor vehicle with a blood alcohol concentration equal to or over 80 mg of alcohol per 100 mL of blood. This offence is often known as “over 80”. The Crown does not need to prove that the driver was impaired by alcohol. This offence requires only that the driver’s alcohol concentration in their blood exceeded the legal limit. This means that a person can be charged with this offence even if they do not show obvious signs of impairment.

Like impaired driving, over 80 is a serious criminal offence in Canada and carries significant penalties, including fines, license suspensions, mandatory education programs, a criminal record, and potential imprisonment. Penalties for driving over 80 can vary depending on factors such as whether it is a first offence, whether it is a repeat offence, and the specific circumstances of the case. Provincial and territorial regulations may also affect the penalties and administrative consequences related to impaired driving offences.