10 years (base) / 14 years (bodily harm) / life (death)
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.
Turning down a breath or blood demand is punished as heavily as failing one. On its own the ceiling is 10 years, rising to 14 years if someone was hurt and life if someone died. That puts a refusal in the same serious criminality tier as the impaired driving charge it was meant to avoid.
(1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28. (2) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in bodily harm to another person. (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in the death of another person or in bodily harm to another person whose death ensues. (4) A person who is convicted of an offence under this section is not to be convicted of another offence under this section with respect to the same transaction.