Ch. 11 LAWS OF MARYLAND

driver should not be disqualified from driving a commercial motor vehicle.

(2) The Administration shall set the hearing for a date within 30 days of
the driver's detention. However, the hearing may be held at any other time on
agreement of the driver and the Administration.

(3) At the hearing, the driver may present evidence about the driver's
refusal to take the test and may be represented by an attorney.

(4) Subject to paragraphs (5), (6), (7), and (8) of this subsection, after the
hearing, the Administration shall suspend the driver's license or privilege to drive if the
Administration determines that the driver was charged as set forth in subsection (b) or
(c) of this section and refused to take a chemical test for alcohol. The suspension
imposed may be not less than 60 days nor more than 6 months for a first offense and
may not be less than 120 days nor more than 1 year for a second or subsequent offense.

(5) After suspending the driver's license under paragraph (4) of this
subsection, the Administration may modify the suspension of issue a restrictive license
if:

(i) The licensee is required to drive a motor vehicle in the course of
employment;

(ii) The license is required for the purpose of attending an alcoholic
prevention or treatment program; or

(iii) It finds that the licensee has no alternative mean's of
transportation available and without the license, the licensee's ability to earn a living
would be severely impaired.

(6) If the driver is licensed to drive a commercial motor Vehicle, the
Administration shall disqualify the driver from driving a commercial motor Vehicle if
the driver:

(i) Was detained while driving a commercial motor vehicle;

(ii) Was charged as set forth in subsection (b) or (c) of this section;
and

(iii) Refused to take a chemical test fbf alcohol.

(7) If the driver is licensed to drive a commercial motor vehicle, the
Administration shall disqualify the driver in accordance with paragraph (6) of this
subsection, but may not impose a suspension under paragraph (4) of this subsection, if:

(i) The driver was detained while driving a commercial motor
vehicle;

(ii) The police officer had reasonable grounds to believe the driver
was in violation of an alcohol restriction, in violation of 49 Cf R § 392.5, of in violation
of § 16-813 of this title;

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