Marvin Mandel, Governor                        1403

motor vehicle, for a period not to exceed 60 days, upon receipt of a
sworn statement from the detaining officer and, after a hearing on
said statement, that I was so charged and refused to take a chemical
test for alcohol." The Department shall not issue or renew any
license where the applicant refuses to sign an application containing
the express consent to take the chemical test to determine the alco-
holic content of his blood, breath, or urine.

(b)    In return for the privilege of operating a motor vehicle on
the highways of this State given to a nonresident under this Article,
any nonresident who operates or attempts to operate a motor vehicle
upon the highways of this State, shall be deemed to have given con-
sent to take a chemical test for alcohol. Any unlicensed person who
operates or attempts to operate a motor vehicle upon the highways
of this State shall be deemed to have given consent to take a chemical
test for alcohol. Such nonresident or unlicensed person shall not be
compelled to take such chemical test for alcohol but shall be advised
that his refusal is an abuse of the privilege granted by the State to
operate on the highways thereof and the Department of Motor Vehi-
cles may suspend said privilege for a period not to exceed 60 days
upon receipt of the sworn statement from the officer that said non-
resident was so charged and refused to submit to take a chemical test
for alcohol.

(c)    It shall be the duty of any police officer who stops or detains
any person who he has reasonable grounds to believe is or has been
operating or attempting to operate a motor vehicle under the influ-
ence of alcohol, or who is or has been operating or attempting to
operate a motor vehicle while his ability was impaired by the con-
sumption of alcohol to do all the following things:

1.    Detain such person.

2.    Request that he take a chemical test or tests of his blood,
breath or urine, for the purpose of determining the alcoholic content
of his blood, to be administered by a person examined and certified
as sufficiently equipped and trained to administer such tests by the
Department of Maryland State Police, which is authorized to pro-
mulgate rules and regulations for the examination and certification,
if detained by a member of the Department of Maryland State Police
or by a member of a local police agency which has a member examined
and certified to administer the tests.

3.    Advise the person of the administrative penalties that may be
imposed for such refusal.

4. File with the Department of Motor Vehicles within 48 hours
after such detention, a sworn report that he had reasonable grounds
to believe that said person had been operating or attempting to
operate a motor vehicle upon the highways of this State while under
the influence of alcohol, or that said person operated or attempted to
operate a motor vehicle upon the highways of this State, while his
ability was impaired by the consumption of alcohol and that said
person refused to take the chemical test for alcohol, upon the request
of the police officer and after having been informed of the adminis-
trative penalties that may be imposed for said refusal.

(d)     Upon receipt of the sworn statement of the police officer
filed in compliance with subsection (c) above, the Department shall