1993 LAWS OF MARYLAND

(V) ADVISE THE: PERSON THAT REFUSAL TO TAKE THE TEST WILL
MAKE THE PERSON INELIGIBLE FOR THE MODIFICATION OF A SUSPENSION OR THE
ISSUANCE OF A RESTRICTIVE LICENSE AS PROVIDED UNDER SUBSECTION (M) OF
THIS SECTION.

(3) If the person refuses to take the test or takes a test which results in an
alcohol concentration of 0.10 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
concerning the refusal to take the test or for test results indicating an alcohol
concentration of 0.10 or more at the time of testing, and the hearing will be scheduled
within 45 days; and

2.       If a hearing request is not made at that time or within 10
days, but within 30 days the person requests a hearing, a hearing to show cause why the
driver's license should not be suspended concerning the refusal to take the test or for test
results indicating an alcohol concentration of 0.10 or more at the time of testing will be
scheduled, but a request made after 10 days does not extend a temporary license issued by
the police officer that allows the person to continue driving for 45 days;

(vi) Advise the person of the administrative sanctions that shall be
imposed in the event of failure to request a hearing, failure to attend a requested hearing,
or upon an adverse finding by the hearing officer; and

(vii) Within 72 hours after the issuance of the order of suspension, send
any confiscated driver's license, copy of the suspension order, and a sworn statement to
the Administration, that states:

1.       The officer had reasonable grounds to believe that the
person had been driving or attempting to drive a motor vehicle on a highway or on any
private property that is used by the public in general in this State while intoxicated, while
under the influence of alcohol, while so far under the influence of 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 under the influence of a controlled dangerous
substance, in violation of an alcohol restriction, or in violation of § 16-81,3 of this title;

2.       The person refused to take a test when requested by the
police officer or the person submitted to the test which indicated an alcohol
concentration of 0.10 or more at the time of testing; and

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Ch. 407