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← Back to Law ExplorerLast verified: March 2026 · Source: laws-lois.justice.gc.ca
Impaired Driving & TransportationHybrid
§320.15

Failure or Refusal to Comply with Demand

Failure or refusal to comply with demand

Impaired Driving
Maximum Sentence

10 years (base) / 14 years (bodily harm) / life (death)

Classification: Hybrid
🍁 Immigration Impact

Hybrid offence. Refusal to provide a breath sample carries the same maximum sentences as impaired driving itself. Treated as serious criminality under IRPA s.36(1) due to the 10-year maximum.

Legal Text — Criminal Code s. 320.15

Everyone commits an offence who, knowing that a demand has been made under section 320.27 or 320.28, fails or refuses to comply, without reasonable excuse, with a demand made under that section. Everyone commits an offence who, knowing that a demand has been made under section 320.27 or 320.28, fails or refuses to comply with a demand made under that section and, as a result, causes bodily harm. Everyone commits an offence who, knowing that a demand has been made under section 320.27 or 320.28, fails or refuses to comply with a demand made under that section and, as a result, causes the death of another person.

Amendment History (1)
2018, c. 21, s. 15
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