HARRY HUGHES, Governor

1217

QUALIFIED MEDICAL PERSON TO WITHDRAW BLOOD FOR A CHEMICAL
TEST FOR ALCOHOL TO DETERMINE THE ALCOHOL CONTENT OF THE
INDIVIDUAL'S BLOOD.

(2) IF AN INDIVIDUAL REGAINS CONSCIOUSNESS OR
OTHERWISE BECOMES CAPABLE OF REFUSING BEFORE THE TAKING OF A
CHEMICAL TEST TO DETERMINE THE ALCOHOL CONTENT OF THE
INDIVIDUAL'S BLOOD, THE POLICE OFFICER SHALL FOLLOW THE
PROCEDURE SET FORTH IN SUBSECTION (C) OF THIS SECTION.

[(d)] (E) (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.

(2) The Maryland State Police may adopt rules
and regulations for the examination and certification of
individuals trained to administer chemical tests for
alcohol.

[(e)] (F) (1) On receipt of the sworn statement of a
police officer filed under subsection (c) of this section,
the Administration shall give reasonable notice to the
driver, in accordance with Title 12, Subtitle 2 of this
article, to attend a hearing on a date specified in the
notice and show cause why [his] THE DRIVER'S license or
privilege to drive should not be suspended.

(2)  The Administration shall set the hearing for
a date within 30 days of the driver's detention. However,
the hearing may be held at any other time on agreement of
the driver and the Administration.

(3)  At the hearing, the driver may present
evidence about [his] THE DRIVER'S refusal to take the test
and may be represented by an attorney.

(4)  After the hearing, the Administration shall
suspend the driver's license or privilege to drive for not
less than 60 days nor more than 6 months if the
Administration determines that the driver was charged as set
forth in subsection (c) and refused to take a chemical test
for alcohol. Failure of the driver to attend the hearing is
prima facie evidence of [his] THE DRIVER'S inability to
answer the sworn statement of the police officer, and the
Administration summarily shall suspend [his] THE DRIVER'S
license or privilege to drive for not less than 60 days nor
more than 6 months.

(5)  The Administration may modify this
suspension or issue a restrictive license if:

(i) The licensee is required to drive a
motor vehicle in the course of [his] employment;