A Kelowna man may face charges for refusing a breath sample while already on conditions for allegedly killing someone while driving drunk.

The 35 year old was pulled over Sunday morning around 11:20 on Highway 33 at Loseth Drive.

Before police caught up with the driver in Rutland, they received reports of a black Yukon GMC that couldn't maintain a lane and had been driving down the wrong side of the highway.

"Records checks indicated that the man had been placed under certain conditions by a Judge stemming from previous charges of Impaired Driving Causing Death, Dangerous Driving Causing Death and Causing a Motor Vehicle Accident Resulting in Death in Surrey. The man's driver's license had also been suspended."

Cst. Kris Clark says the driver blew a fail during a roadside test.

He is being held in custody until he appears in court.