By Jordan EllisReviewed by the DUI Lawyer Toronto defence teamUpdated 7 min read

There is no reliable number of drinks that equals 0.08, and there is no number you can count on as safe. How many drinks it takes to reach a blood alcohol concentration (BAC) of 0.08 depends on your body weight, sex, what you have eaten, how quickly you drink, the strength of each drink and your own metabolism. Two people who drink exactly the same amount can blow very different readings, and the same person can blow differently from one night to the next.
That is frustrating if you want a simple rule, but it is the honest answer. This guide explains what 0.08 means in Ontario, what counts as a standard drink, why calculators and apps are only estimates, and why you can be charged even below the limit.
What Does 0.08 Mean in Ontario?
A BAC of 0.08 means 80 milligrams of alcohol in 100 millilitres of blood. It is the criminal limit set by the Criminal Code. Under section 320.14(1)(b), it is an offence to have a BAC of 80 mg or more within two hours after you stop driving. This is the charge usually called over 80.
The two-hour window matters. The offence is not only about your reading at the moment you were pulled over. It covers your BAC at any point in the two hours after you stopped driving, which is one reason drinking shortly before you get behind the wheel is so risky. Alcohol continues to be absorbed after your last drink, so your level can keep rising for a while even after you stop.
How Much Alcohol Is in a Standard Drink in Canada?
In Canada, a standard drink contains 13.45 grams of pure alcohol. Common examples look like this:
| Type of drink | Amount | Alcohol strength |
|---|---|---|
| Beer | 341 mL (a regular bottle) | 5 percent |
| Wine | 142 mL (a modest glass) | 12 percent |
| Spirits such as vodka, rum or whisky | 43 mL (a single shot) | 40 percent |
Real drinks rarely match these sizes. A tall can of beer, a strong craft beer, a generous restaurant pour of wine or a cocktail made with a double shot can each count as more than one standard drink. If you are counting "drinks" rather than standard drinks, you are probably undercounting.
How Many Beers Is 0.08?
There is no fixed number of beers that equals 0.08. You may have seen charts claiming that a person of a certain weight reaches the limit after a set number of bottles. Those charts assume an average body, a particular stomach content, a steady drinking pace and beer of one specific strength. Your evening rarely looks like the chart.
The same is true for wine and spirits. How much alcohol is 0.08 for one person may leave another well below or well above it. The factors that change the result include:
- Body weight and build. Alcohol spreads through the water in your body. A smaller person generally reaches a higher BAC from the same drinks.
- Sex. Women often reach a higher BAC than men of the same weight after the same amount of alcohol.
- Food. Eating before or while drinking can slow how quickly alcohol is absorbed. It does not remove the alcohol.
- Time and pace. Several drinks in a short period push your BAC up faster than the same drinks spread across an evening.
- Drink strength and size. Stronger beer, large pours and doubles add up quickly.
- Metabolism and health. Age, medication, fatigue and individual differences all affect how your body handles alcohol.
Only time lowers your BAC. Coffee, water, a cold shower or a meal after drinking will not bring a reading down, although they may make you feel more alert. Feeling fine is not a reliable guide to what a breath instrument will show. For more on how long alcohol stays measurable, see our guide to how long a breathalyzer can detect alcohol.
Are BAC Calculators and Apps Accurate?
Online BAC calculators and phone apps give estimates only. They use general formulas, ask for a few details such as weight, sex, number of drinks and hours, and then produce a number. They cannot measure the alcohol actually in your blood, and they cannot account for everything that affects absorption on a particular day.
Personal breathalyzers bought for home use are also different from the approved screening devices and approved instruments police use, which are maintained and tested under strict rules. A home device or app telling you that you are "under" should never be the reason you decide to drive.
What Are the Alcohol Limits for Ontario Drivers?
Ontario drivers face more than one limit. The criminal limit is 0.08, but provincial rules begin much lower, and some drivers must have no alcohol at all.
| Driver or reading | Type of rule | What can happen |
|---|---|---|
| Novice drivers (G1, G2, M1, M2) | Zero alcohol | Roadside licence suspension |
| Drivers 21 and under | Zero alcohol | Roadside licence suspension |
| Commercial drivers | Zero alcohol | Roadside licence suspension |
| Fully licensed, BAC 50 to 79 mg (warn range) | Provincial, not criminal | 3-day suspension the first time, then 7 and 30 days for repeats within five years |
| BAC of 80 mg or more (0.08) | Criminal offence | Over 80 charge, 90-day licence suspension and 7-day vehicle impoundment |
If you hold a G1 or G2 licence, or you are 21 or under, the question of how many drinks is 0.08 does not really apply to you. Any alcohol at all is a breach. Our post on G2 licence restrictions in Ontario covers those rules in more detail.
The warn range catches many drivers who believe they are fine because they are under 0.08. A warn range suspension is not a criminal offence, but it takes effect immediately at the roadside, and repeat suspensions within five years bring longer suspensions and program requirements.
Can You Be Charged With Impaired Driving Under 0.08?
Yes. You can be charged with impaired driving even if your BAC is below 0.08. Section 320.14(1)(a) of the Criminal Code makes it an offence to operate a vehicle while your ability is impaired to any degree by alcohol, a drug or both. That charge does not depend on a number.
Police and the Crown may rely on the driving itself, such as weaving or missed signals, along with observations like the smell of alcohol, slurred speech, unsteady balance or bloodshot eyes. A reading under 80 mg can still be part of an impaired driving charge. Mixing alcohol with cannabis creates another risk: a BAC of 50 mg or more combined with THC of 2.5 ng/mL or more is a separate offence, explained in our post on cannabis limits for Ontario drivers.
Why Your Exact Reading Still Matters
If you were charged, the number on the breath instrument affects more than whether you were over the limit. For a first offence, the mandatory minimum fine under the Criminal Code is $1,000, rising to $1,500 for a BAC of 120 to 159 mg and $2,000 for 160 mg or more. A reading of 120 mg or more is also an aggravating factor at sentencing.
That is why the way the reading was obtained deserves close attention. Disclosure in a breath case usually includes the Intoxilyzer 8000C records, maintenance logs, officer notes and video. Timing matters too, including when you stopped driving and when each sample was taken. Our first offence DUI page explains the other penalties that follow a conviction, including a driving prohibition and a criminal record.
What If You Were Charged After "Just a Few Drinks"?
Many people charged with over 80 are genuinely surprised by their reading. They counted three or four drinks, waited a while and felt fine. Surprise is not a defence, but it is also not the end of the story. A charge is an allegation, and the Crown still has to prove it with evidence that was lawfully obtained.
A defence review often looks at whether the stop and the breath demands were lawful, whether you were given your right to counsel without delay, how the samples were taken and whether the instrument records support the result. If you are weighing your options, our article on whether it is worth fighting a DUI in Ontario walks through that decision.
Over 80 charges come from Toronto Police Service RIDE stops, OPP patrols on the 400-series highways and Peel Regional Police stops west of the city. If you were charged in Peel, our Mississauga DUI lawyer page explains how those cases are handled locally.
Talk to a DUI Lawyer About Your Reading
The only way to be sure you are under the limit is not to drink before you drive. If you have already been charged, do not try to work out your chances from a calculator or a chart. Our Toronto DUI lawyers can review your disclosure, look closely at the timing and the breath records, and explain your options before your first court date.
A short conversation now can help you understand the charge and avoid mistakes that are hard to undo later.
Common questions
How many drinks does it take to reach 0.08?
There is no fixed number. How many drinks it takes to reach a blood alcohol concentration of 0.08 depends on your body weight, sex, food, how fast you drink, the strength of each drink and your metabolism. The same drinks can produce very different readings in two people, or in the same person on different days. No number of drinks can be treated as safe before driving.
How many beers is 0.08 in Ontario?
No chart can tell you how many beers will put you at 0.08. A Canadian standard drink is 341 mL of 5 percent beer, but many beers are stronger or larger than that, and your weight, sex, food and drinking pace all change the result. Ontario novice drivers and drivers 21 and under must have zero alcohol, so for them even one beer before driving is a breach.
What is the legal alcohol limit for driving in Ontario?
The criminal limit is 80 milligrams of alcohol per 100 millilitres of blood, often written as 0.08, within two hours of driving. Ontario also has a warn range starting at 50 mg, which brings an immediate roadside licence suspension for fully licensed drivers. Novice drivers, drivers 21 and under and commercial drivers must have no alcohol in their system at all.
Are BAC calculators and apps accurate?
BAC calculators and apps give rough estimates only. They apply general formulas to a few details you enter, such as your weight and number of drinks, and cannot measure the alcohol actually in your blood or account for everything that affects absorption that day. A calculator result should never be the reason you decide to drive, and it is not the same as a reading from an approved police instrument.
Can I be charged with impaired driving if I blow under 0.08?
Yes. Impaired driving under section 320.14(1)(a) of the Criminal Code does not depend on a specific reading. Police can lay the charge based on your driving and signs of impairment, such as slurred speech or poor balance, even when a breath reading is below 80 mg. Whether the Crown can prove impairment depends on the evidence, so it is worth having a lawyer review the case.


