What is an Exceed or Over 80 Charge

Definition

• The charge for driving with greater than 80 mg. of alcohol in 100 ml. of blood (commonly referred to as an ‘exceed’ or ‘over 80' charge) is found under section 253(1)(b) of the Criminal Code.
• An exceed charge is laid when a driver is taken to the police station, provides two separate breath samples (at least 15 minutes apart) into a Breathalyzer or Intoxilyzer machine and the results of the lower of the two readings show that the person exceeds the legal limit of 80 mg. of alcohol in 100 ml. of blood.
• However, an over 80 charge is often very difficult for the Crown to prove beyond a reasonable doubt.

How Does the Crown Prove It

• To successfully prove an exceed case, the Crown is required to prove beyond a reasonable doubt that the accused’s blood alcohol level at the time the breath samples were taken is the same as his or her blood alcohol level at the time of driving.