HARRY HUGHES, Governor                                1441

(B) A PERSON MAY NOT BE COMPELLED TO TAKE A CHEMICAL
TEST FOR ALCOHOL, HOWEVER, THE DETAINING OFFICER SHALL
ADVISE HIM THAT ON RECEIPT OF A SWORN STATEMENT FROM THE
OFFICER THAT THE DRIVER WAS SO CHARGED AND REFUSED TO TAKE A
CHEMICAL TEST FOR ALCOHOL, THE ADMINISTRATION SHALL:

(1)  IN THE CASE OF A DRIVER LICENSED UNDER THIS
TITLE, SUSPEND HIS DRIVER'S LICENSE FOR A PERIOD OF NOT LESS
THAN 60 DAYS NOR MORE THAN 6 MONTHS; OR

(2)  IN THE CASE OF A NONRESIDENT OR UNLICENSED
DRIVER, SUSPEND THE PERSON'S DRIVING PRIVILEGE FOR A PERIOD
OF NOT LESS THAN 60 DAYS NOR MORE THAN 6 MONTHS.

(c)  If a police officer stops or detains any
individual who the police officer has reasonable grounds to
believe is or has been driving or attempting to drive a
motor vehicle while intoxicated or while his driving ability
UNDER THE INFLUENCE is impaired by the consumption of
alcohol, the police officer shall:

(1)  Detain the individual;

(2)  Request that the individual permit a
chemical test to be taken of his blood or breath to
determine the alcoholic content of his blood;

(3)  Advise the individual of the administrative
penalties that may SHALL be imposed for refusal to take the
test; AND

(4) If the individual is licensed under this
title, furnish him with a copy of the statement set forth in
subsection (a) of this section and inform the individual
that he signed this statement when applying for a license;
and

(5) (4) If the individual refuses to take the
test, file with the Administration, within 48 hours after
detention, a sworn report that:

(i) The officer had reasonable grounds to
believe that the individual had been driving or attempting
to drive a motor vehicle on a highway or on any private
property that is used by the public in general in this State
while intoxicated or while his driving ability was impaired
by the consumption UNDER THE INFLUENCE of alcohol; and

(ii) The individual refused to take the
chemical test for alcohol when requested by the police
officer and after being informed of the administrative
penalties that may SHALL be imposed for refusal.

(d) (1) The chemical tests for alcohol may be
administered by an individual who has been examined and is
certified by the Maryland State Police as sufficiently
equipped and trained to administer the tests.