Ch. 11 LAWS OF MARYLAND

(ii) The sworn statement of the police officer and of the test
technician or analyst shall be prima facie evidence of a test refusal or a test resulting in
an alcohol concentration of 0. 10 or more at the time of testing.

(7) (i) After the hearing, the Administration shall suspend the driver's
license or privilege to drive of the person charged under subsection (b) or (c) of this
section if:

1. The police officer who stops or detains the person had
reasonable grounds to believe the person was driving or attempting to drive 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. There was evidence of alcohol consumption;

3. The police officer requested a test to determine alcohol
concentration after the person was fully advised of the administrative sanctions that
shall be imposed; and

4. A. The person refused to take [a] THE test [to
determine alcohol concentration]; or

B. [A] THE test [to determine alcohol concentration] was
taken and the test result indicated an alcohol concentration of 0. 10 or more at the time
of testing.

(ii) AFTER THE HEARING, THE ADMINISTRATION SHALL
DISQUALIFY THE PERSON FROM DRIVING A COMMERCIAL MOTOR
VEHICLE IF:

1. THE PERSON WAS DETAINED WHILE OPERATING
A COMMERCIAL MOTOR VEHICLE;

2. THE POLICE OFFICER WHO STOPPED OR
DETAINED THE PERSON HAD REASONABLE GROUNDS TO BELIEVE THE
PERSON WAS DRIVING OR ATTEMPTING TO DRIVE WHILE INTOXICATED,
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;

3. THERE WAS EVIDENCE OF ALCOHOL
CONSUMPTION;

4. THE POLICE OFFICER REQUESTED A TEST TO

DETERMINE ALCOHOL CONCENTRATION AFTER THE 'PERSON WAS
FULLY ADVISED OF THE ADMINISTRATIVE SANCTIONS THAT SHALL BE
IMPOSED; AND

5. THE PERSON REFUSED TO TAKE THE TEST.
(III) IF THE PERSON IS LICENSED TO DRIVE A

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