WILLIAM DONALD SCHAEFER, Governor Ch. 11

COMMERCIAL MOTOR VEHICLE, THE ADMINISTRATION SHALL
DISQUALIFY THE PERSON IN ACCORDANCE WITH PARAGRAPH (7)(II) OF
THIS SUBSECTION, BUT MAY NOT IMPOSE A SUSPENSION UNDER
PARAGRAPH (7)(I) OF THIS SUBSECTION, IF:

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

2. THE POLICE OFFICER HAD REASONABLE

GROUNDS TO BELIEVE THE PERSON WAS IN VIOLATION OF AN ALCOHOL
RESTRICTION, IN VIOLATION OF 19 CFR § 392. 5, OR IN VIOLATION OF §
16-813 OF THIS TITLE;

3. 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

4. THE DRIVER REFUSED TO TAKE A TEST TO
DETERMINE ALCOHOL CONCENTRATION.

(IV) In the absence of a compelling reason for failure to attend the
hearing, failure of a person to attend [the] A hearing is prima facie evidence of the
person's inability to answer the sworn statement of the police officer or the test
technician or analyst, and the Administration summarily shall [suspend]:

1. SUSPEND the driver's license or privilege to drive; AND

2. IF THE DRIVER IS DETAINED IN A COMMERCIAL

MOTOR VEHICLE, DISQUALIFY THE PERSON FROM OPERATING A
COMMERCIAL MOTOR VEHICLE.

[(iii)] (V) The suspension imposed shall be:

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

A. For a first offense, a suspension for 45 days; or

B. For a second or subsequent offense, a suspension for 90
days; or

2. For a test refusal:

A. For a first offense, a suspension for 120 days; or

B. For a second or subsequent offense, a suspension for 1 year.

(VI) A DISQUALIFICATION IMPOSED UNDER PARAGRAPH
(7)(II) OR (III) 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

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