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ROBERT L. EHRLICH, JR., Governor Ch. 167
2. There was evidence of the use by the person of alcohol, any
drug, any combination of drugs, a combination of one or more drugs and alcohol, or a
controlled dangerous substance;
3. The police officer requested a test after the person was
fully advised of the administrative sanctions that shall be imposed, including the fact
that a person who refuses to take the test is ineligible for modification of a suspension
or issuance of a restrictive license under subsection (n)(1) and (2) of this section; and
4. A. The person refused to take the test; or
B. A test to determine alcohol concentration was taken and
the test result indicated an alcohol concentration of 0.08 or more at the time of
testing.
(ii) After a hearing, the Administration shall disqualify the person
from driving a commercial motor vehicle if:
1. The person was detained while operating a commercial
motor vehicle OR WHILE HOLDING A COMMERCIAL DRIVER'S LICENSE;
2. The police officer who stopped or detained the person had
reasonable grounds to believe that the person was driving or attempting to drive
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;
3. There was evidence of the use by the person of alcohol, any
drug, any combination of drugs, a combination of one or more drugs and alcohol, or a
controlled dangerous substance;
4. The police officer requested a test after the person was
fully advised of the administrative sanctions that shall be imposed; and
5. The person refused to take the test.
(iii) If the person is licensed to drive a commercial motor vehicle, the
Administration shall disqualify the person in accordance with subparagraph (ii) of
this paragraph, but may not impose a suspension under subparagraph (i) of this
paragraph, if:
1. The person was detained while operating a commercial
motor vehicle OR WHILE HOLDING A COMMERCIAL DRIVER'S LICENSE;
2. The police officer had reasonable grounds to believe the
person was in violation of an alcohol restriction or in violation of § 16-813 of this title;
3. The police officer did not have reasonable grounds to
believe the driver was driving while under the influence of alcohol, driving while
impaired by alcohol, while so far impaired by any drug, any combination of drugs, or
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