WILLIAM DONALD SCHAEFER, Governor Ch. 11

(iii) The police officer did not have reasonable grounds to believe the
driver was driving while intoxicated or driving while under the influence of alcohol; and

(iv) The driver refused to take a chemical test for alcohol.

(8) (i) A disqualification imposed under paragraph (6) or (7) of this
subsection shall be for a period of 1 year for a first offense, 3 years for a first offense
which occurs while transporting hazardous material required to be placarded, and life
for a second or subsequent offense which occurs while operating any commercial motor
vehicle.

(ii) A disqualification of a commercial driver's license is not subject
to any modifications, nor may a restricted commercial driver's license be issued in lieu
of a disqualification.

(iii) A disqualification for life may be reduced if permitted by §
16-812(d) of this title.

(9) Failure of the driver to attend a hearing under this section is prima
facie evidence of the driver's inability to answer the sworn statement of the police
officer, and the Administration summarily shall:

(i) Suspend the driver's license or privilege to drive; and

(ii) If the driver is detained in a commercial motor vehicle, disqualify
the driver from driving a commercial motor vehicle.

(g)] (1) At the time of, or within 10 days from the date of, the issuance of an
order of suspension, a person may submit a written request for a hearing before an
officer of the [Motor Vehicle] Administration if:

(i) The person is arrested for driving or attempting to drive a motor
vehicle while intoxicated [or], WHILE under the influence of alcohol, IN VIOLATION
OF AN ALCOHOL RESTRICTION, IN VIOLATION OF 19 CFR § 392. 5, OR IN
VIOLATION OF § 16-813 OF THIS TITLE; and

(ii) 1. There is an alcohol concentration of 0. 10 or more at the
time of testing; or

2. The person refused [the] TO TAKE A test [for] TO
DETERMINE alcohol CONCENTRATION.

(2) A request for a hearing made by mail shall be deemed to have been
made on the date of the United States Postal Service postmark on the mail.

(3) If the driver's license has not been previously surrendered, the license
must be surrendered at the time the request for a hearing is made.

(4) If a hearing request is not made within the 10-day period, the
Administration shall [make]:

(I) MAKE the suspension order effective suspending the license:
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