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Session Laws, 1990 Session
Volume 436, Page 286   View pdf image (33K)
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Ch. 11 LAWS OF MARYLAND

(ii) Request that the person permit a test to be taken of the person's
blood or breath to determine [the] alcohol concentration [of the person's body]; and

(iii) Advise the person of the administrative sanctions that shall be
imposed for refusal to take the test and for test results indicating an alcohol
concentration of 0. 10 or more at the time of testing.

(3) If the person refuses to take the test or takes a test [for alcohol] which
results in an alcohol concentration of 0. 10 or more at the time of testing, the police
officer shall:

(i) Confiscate the [driver's] PERSON'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 the person has 10 days in which to request
a hearing to show cause why the driver's license should not be suspended concerning
the refusal to take [a] THE test [for alcohol] or for TEST RESULTS INDICATING an
alcohol concentration of 0. 10 or more at the time of testing;

(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, [or] in violation of an alcohol restriction, IN
VIOLATION OF 19 CFR § 392. 5, OR IN VIOLATION OF § 16-813 OF THIS TITLE;

2. The person refused to take the test [for] TO DETERMINE

alcohol CONCENTRATION when requested by the police officer or the person
submitted to the test [for alcohol] which indicated an alcohol concentration of 0. 10 or
more at the time of testing; and

3. The person was fully advised of the administrative sanctions
that shall be imposed.

(c) (1) If a person, is involved in a motor vehicle accident that results in the
death of another person and the person is detained by a police officer who has
reasonable grounds to believe that the person has been driving or attempting to drive
while intoxicated, while under the influence of alcohol, in violation of 49 CFR § 392. 5,

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Session Laws, 1990 Session
Volume 436, Page 286   View pdf image (33K)
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