MARVIN MANDEL, Governor                          391

within 7 15 days of the detention, or sooner upon agreement of the
operator and the Department, but under no circumstances, after said
7 15 day period., EXCEPT UPON GOOD CAUSE SHOWN TO THE
SATISFACTION OF THE DEPARTMENT OR BY AGREEMENT
OF THE PARTIES. At said hearing the operator shall present evi-
dence relating to his refusal to take the test, and he may be represented
by an attorney. After a complete and thorough hearing, the Depart-
ment shall have the right to suspend the operator's license for a
period not to exceed 60 days. Failure to attend said hearing by the
detained person shall be prima facie evidence of his inability to
answer the sworn statement of the police officer, and the Depart-
ment may summarily suspend said person's license or privilege to
operate a motor vehicle on the highways of this State for a period
not to exceed 60 days.

(e)    If the suspension or determination that there should be a
denial of issuance is imposed after a hearing, the person whose
driver's license or non-resident operating privilege has been sus-
pended or to whom a license or permit is denied, under the provi-
sions of this section, may have a court review of the final order of
suspension or denial as provided in Section 109 of this Article.

(f)    If it has been finally determined under the procedure of this
section that a non-resident's privilege to operate a motor vehicle in
this State has been suspended, the Department of Motor Vehicles
shall give information in writing of the action taken to the Motor
Vehicle Administrator of the state of the person's residence and of
any state in which he has a license.

104A. Suspension and revocation of licenses of persons convicted
of certain offenses involving alcohol.

(a)    The Department shall revoke the driver's license of any per-
son who:

(1)    Is convicted of operating a motor vehicle while in an in-
toxicated condition; or

(2)    Is convicted of a third or subsequent violation committed
within a period of 3 years, of operating a motor vehicle while driving
ability is impaired.

(b)    The Department shall MAY suspend for a period of NOT
MORE THAN 60 days the driver's license of any person who is con-
victed of operating a motor vehicle while driving ability is impaired.

(c)    The Department shall MAY suspend for a period of NOT
MORE THAN 120 days the driver's license of any person who is
convicted of a second violation, committed within a period of 3 years,
of operating a motor vehicle while driving ability is impaired.

(D) AT THE EXPIRATION OF ANY SUSPENSION IM-
POSED UNDER SUBSECTIONS (B) AND (C) OF THIS SEC-
TION, THE DEPARTMENT SHALL RETURN FORTHWITH THE
LICENSE OR PRIVILEGE OF THE DRIVER, PROVIDED, HOW-
EVER, THE LICENSE OR PRIVILEGE SHALL NOT BE RE-
TURNED IF THE DRIVER'S LICEN