If a police officer has reasonable grounds to believe that a person is committing, or has within the previous three (3) hours,
- an offence under section 253 (impaired driving) of the Criminal Code,
- the peace officer may, make a demand,
- requiring the person to provide, as soon as practicable,
- samples of their breath that, in a qualified technician’s opinion, will enable a proper analysis to be made to determine the concentration of alcohol in the person’s blood.
Everyone commits the offence of refusing a breathalyzer test who, without reasonable excuse, fails or refuses a demand made under section 254.1 of the Criminal Code of Canada.