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Session Laws, 1990 Session
Volume 436, Page 285   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 11
A. For a first offense, suspend the driver's license for 120 days;

or

B. For a second or subsequent offense, suspend the driver's
license for 1 year; [or]

(ii) In the case of a nonresident or unlicensed person:

1. For a test result indicating an alcohol concentration of 0. 10
or more at the time of testing:

A. For a first offense, suspend the person's driving privilege
for 45 days; or

B. For a second or subsequent offense, suspend the person's
driving privilege for 90 days; or

for 120 days; or

2. For a test refusal:

A. For a first offense, suspend the person's driving privilege

B. For a second or subsequent offense, suspend the person's
driving privilege for 1 year[.]; Oft AND

(iii) [1. In] IN ADDITION TO ANY APPLICABLE DRIVER'S
LICENSE SUSPENSIONS AUTHORIZED UNDER THIS SECTION, IN the case of
a [driver] PERSON operating a commercial motor vehicle[, disqualify] WHO
REFUSES TO TAKE A TEST:

1. DISQUALIFY the person's commercial driver's license for

a period of 1 year for a first offense, 3 years for a first offense which occurs while
transporting hazardous materials required to be placarded, and disqualify for life for a
second or subsequent offense which occurs while operating any commercial motor
vehicle; or

2. [In the case of a driver] IF THE PERSON IS licensed as a

commercial driver by another state, disqualify the [driver's] PERSON'S privilege to
operate a commercial motor vehicle [under subsection (f)(6) of this section] and report
the refusal and disqualification to the [driver's] PERSON'S resident state which may
result in further penalties imposed by the [driver's] PERSON'S resident state.

(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 intoxicated, while
under the influence of alcohol, in violation of an alcohol restriction, in violation of 49
CFR § 392. 5,
or in violation of § 16-813 of this title, and who is not unconscious or
otherwise incapable of refusing to take a test [for] TO DETERMINE alcohol
CONCENTRATION, the police officer shall:

(i) Detain the person;

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Session Laws, 1990 Session
Volume 436, Page 285   View pdf image (33K)
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