It Only Takes One Number (.o8)
to Change Everything

It Only Takes One Number to Change Everything

If you were charged with driving “over 80,” it means your blood alcohol concentration (BAC) was measured at 80 milligrams or more of alcohol per 100 millilitres of blood — the legal limit in Canada.

👉 That single number is enough to trigger a criminal charge — even if you felt fine to drive.

A conviction means a criminal record, a one-year licence suspension, huge insurance hikes, and possibly jail time.

But just because you were charged doesn’t mean you’ll be convicted. These cases can be challenged.

👉 Call Bobby Russon, a Windsor DUI lawyer, at (519) 792-9391 for a free consultation.

✅ Honest Advice
✅ Experienced Representation
✅ A Focus on Getting Charges Dismissed or Reduced

What Is a “Over 80” Charge?

Driving “over 80” is shorthand for being over the legal BAC limit.

Unlike impaired driving charges based on observation, “over 80” is based on a breathalyzer or blood test result that puts you above 0.08.

It doesn’t matter how you felt. It doesn’t matter if your driving seemed normal. If the number says 0.08 or higher, the Crown can pursue the charge.

But breath tests aren’t perfect — and that’s where your defence starts.

Can I Still Fight the Charge?

Yes. Many “over 80” charges are withdrawn or dismissed because of:

• Improper roadside screening procedures

• Breathalyzer machine maintenance or calibration issues

• Delay between time of driving and time of test

• Violations of your Charter rights

A skilled DUI lawyer will examine every detail — from the initial stop to the final reading.

👉 Call Bobby Russon at (519) 792-9391 to review your case.

🔍 Real Example: (The Reading Was Over — But the Case Didn’t Hold Up)

A driver blew 0.10 on a breath test and was charged. But the defence discovered that the machine hadn’t been properly calibrated and that the officer skipped a key step during the roadside test. The results were excluded, and the case was dismissed.

One missed step can make the difference between a conviction and a clean record.

💬 What People Say: (I Thought There Was No Hope — I Was Wrong)

"I thought I had no chance. I failed the breath test, and everyone said it was open and shut. But my lawyer found problems with the test that I never would’ve seen. The charges were dropped."

A good DUI lawyer sees things you won’t — and knows how to use them.

What Are the Penalties for Driving Over 80?

If convicted, you face:

• A criminal record

• Minimum $1,000 fine (first offence)

• Minimum 1-year licence suspension

• Higher fines or jail for second and third offences

• Massive increases in insurance

• Travel issues (especially to the U.S.)

👉 Call now at (519) 792-9391 to protect your licence, record, and future.

How Bobby Russon Can Help

Bobby Russon will:

• Review police notes and test results for legal errors

• Challenge the admissibility of the breath or blood test

• Identify Charter violations

• Seek to have the charge reduced or withdrawn

• Represent you in court and protect your rights

👉 Book your free consultation with Bobby Russon at (519) 792-9391.

FAQs — Driving Over 80 in Canada

Is driving over 0.08 always a criminal offence?
Yes. It’s a Criminal Code offence and can’t be treated like a traffic ticket.

Can I go to jail for this?
Possibly. Jail is more likely for repeat offences or aggravating factors like an accident.

What if I felt sober but blew over?
Feeling fine doesn’t matter legally. The reading alone can lead to a charge.

Can breath test results be wrong?
Yes. Technical or procedural errors can result in the evidence being thrown out.

What if I refused the test?
Refusing a test is also a criminal offence and carries the same penalties as over 80.

👉 Charged With Driving Over 80 in Windsor?

Call Bobby Russon at (519) 792-9391 today — and find out what can be done to fight it.