DUI Over 80mg Charge vs. Impaired Driving Charge

DUI Over 80mg Charge vs. Impaired Driving Charge

Explore the critical distinctions between DUI Over 80mg and Impaired Driving charges in Toronto. Know your legal options and penalties.

When you’re facing legal issues related to impaired driving in Toronto, understanding the differences between a DUI Over 80mg charge and an Impaired Driving charge is crucial. As a reputable criminal lawyer in the city, it’s essential to guide your clients through these distinctions. In this article, we will delve into the significant variations between these charges and provide insights into the legal landscape in Toronto.

Understanding the Basics

DUI Over 80mg Charge

DUI Over 80mg, or Driving Under the Influence over 80 milligrams, is a specific charge that hinges on the concentration of alcohol in your bloodstream. In Ontario, the legal limit is 80 milligrams of alcohol per 100 milliliters of blood. Exceeding this limit constitutes a DUI Over 80mg charge.

Impaired Driving Charge

Impaired Driving charges, on the other hand, don’t rely solely on blood alcohol concentration. These charges focus on impaired driving due to any substance, including alcohol, drugs, or a combination of both. You can be charged with Impaired Driving if your ability to operate a vehicle is impaired by any substance, even if you’re under the legal alcohol limit.

Legal Framework in Toronto

DUI Over 80mg Charge

In Toronto, DUI Over 80mg charges are governed by the Criminal Code of Canada, specifically sections 320.14(1)(b) and 320.19(1). The police determine your blood alcohol concentration through breathalyzer tests, and evidentiary breath tests are conducted to gather evidence.

Impaired Driving Charge

Impaired Driving charges in Toronto are regulated by sections 320.14(1)(b) and 320.19(1) of the Criminal Code, however the police assess impairment through various means. They might conduct standardized field sobriety tests or drug recognition evaluations to determine impairment.

Key Differences

BAC vs. Impairment

The primary distinction between these charges is what they focus on. DUI Over 80mg charges hinge on your blood alcohol concentration, while Impaired Driving charges are centered on impairment. Understanding this difference is critical, as it will influence your legal strategy and potential defences.


The penalties for these charges can vary significantly. DUI Over 80mg charges come with fines, license suspension, and possible imprisonment, which may escalate with previous convictions. Impaired Driving charges entail similar penalties. However, the legal consequences can differ based on specific circumstances.

Defences and Strategies

Each charge requires a tailored legal defence strategy. For DUI Over 80mg, you might challenge the accuracy of the testing equipment or the procedures followed during testing. In Impaired Driving cases, you might argue that your impairment was not a result of alcohol or drugs but another factor. Legal representation from an experienced criminal lawyer in Toronto is vital for building a strong defence tailored to your case.

The Role of a Criminal Lawyer

Hiring a skilled criminal lawyer in Toronto is essential when dealing with either of these charges. They will guide you through the legal process, ensure your rights are protected, and work on building a robust defence.


Understanding the differences between DUI Over 80mg charges and Impaired Driving charges is pivotal for anyone dealing with these legal issues in Toronto. Seek professional legal counsel to navigate the intricacies of your case, protect your rights, and work towards a favorable outcome.

Free Consultation

If you’re facing DUI Over 80mg or Impaired Driving charges in Toronto, don’t hesitate to schedule a free consultation with our experienced legal team. We are here to provide expert legal assistance and guidance tailored to your specific situation. Your future may depend on it.