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ROBERT L. EHRLICH, JR., Governor Ch. 461
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B. For a second or subsequent offense, suspend the person's
driving privilege for 1 year; and
(2) Except as provided in subsection (c) of this section, if a police officer
stops or detains any person who the police officer has reasonable grounds to believe is
or has been driving or attempting to drive a motor vehicle while under the influence
of alcohol, while impaired by alcohol, while so far impaired by any drug, any
combination of drugs, or a combination of one or more drugs and alcohol that the
person could not drive a vehicle safely, while impaired by a controlled dangerous
substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title.
and who is not unconscious or otherwise incapable of refusing to take a test, the police
officer shall:
(i) Detain the person:
(ii) Request that the person permit a test to be taken;
(III) ADVISE THE PERSON OF THE ADMINISTRATIVE SANCTIONS
THAT SHALL BE IMPOSED FOR TEST RESULTS INDICATING AN ALCOHOL
CONCENTRATION OF AT LEAST 0.08 BUT LESS THAN 0.15 AT THE TIME OF TESTING;
[(iii)] (IV) Advise the person of the administrative sanctions,
INCLUDING INELIGIBILITY FOR MODIFICATION OF A SUSPENSION OR ISSUANCE OF A
RESTRICTIVE LICENSE UNLESS THE PERSON PARTICIPATES IN THE IGNITION
INTERLOCK SYSTEM PROGRAM UNDER § 16-404.1 OF THIS TITLE, that shall he
imposed for refusal to take the test[, including ineligibility for modification of a
suspension or issuance of a restrictive license under subsection (n)(1) or (2) of this
section,] and for test results indicating an alcohol concentration of [0.08] 0.15 or
more at the time of testing; and
[(iv)] (V) Advise the person of the additional criminal penalties that
may be imposed under § 27-101(x) of this article on conviction of a violation of §
21-902 of this article if the person knowingly refused to take a test arising out of the
same circumstances as the violation.
(3) If the person refuses to take the test or, takes a test which results in
an alcohol concentration of 0.08 or more at the time of testing, the police officer shall:
(i) Confiscate the person's driver's license issued by this State;
(ii) Acting on behalf of the Administration, personally serve an
order of suspension on the person:
(iii) Issue a temporary license to drive;
(iv) Inform the person that the temporary license allows the person
to continue driving for 45 days if the person is licensed under this title:
(v) Inform the person that;
1. The person has a right to request, at that time or within
10 days, a hearing to show cause why the driver's license should not be suspended
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