HARRY HUGHES, Governor

1251

[(2)] (II) 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] (2) EXCEPT AS PROVIDED IN SUBSECTION (C) OF
THIS SECTION, 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 under the influence
of alcohol, the police officer shall:

[(1)] (I) Detain the individual;

[(2)] (II) 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)] (III) Advise the individual of the
administrative penalties that shall be imposed for refusal
to take the test; and

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

[(i)] 1. 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 under the influence of
alcohol; and

[(ii)] 2. 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 shall be imposed for refusal.

(C) IF A PERSON IS INVOLVED IN A MOTOR VEHICLE
ACCIDENT THAT RESULTS IN DEATH OR BODILY INJURY TO ANOTHER
PERSON, THE DEATH OF ANOTHER PERSON OR IN BODILY INJURY, TO
ANOTHER PERSON, WHICH REQUIRES IMMEDIATE MEDICAL ATTENTION
AND REMOVAL TO A MEDICAL FACILITY, AND THE PERSON IS
DETAINED ON SUSPICION OF BY A POLICE OFFICER WHO HAS
REASONABLE GROUNDS TO BELIEVE THAT THE PERSON HAS BEEN
DRIVING OR ATTEMPTING TO DRIVE WHILE INTOXICATED OR WHILE
UNDER THE INFLUENCE OF ALCOHOL, THE PERSON SHALL SUBMIT
SHALL BE REQUIRED TO SUBMIT TO A CHEMICAL TEST, AS DIRECTED
BY THE OFFICER, OF THE PERSON'S BLOOD OR BREATH TO DETERMINE
THE ALCOHOL CONTENT OF THE PERSON'S BLOOD. MEDICAL
PERSONNEL SHALL COMPLETE THE TEST UPON THE DIRECTION OF THE
DETAINING OFFICER OR OFFICERS. ANY MEDICAL PERSONNEL WHO
PERFORM ANY TEST REQUIRED BY THIS SECTION ARE NOT LIABLE FOR
ANY CIVIL DAMAGES AS THE RESULT OF ANY ACT OR OMISSION
RELATED TO SUCH TEST, NOT AMOUNTING TO GROSS NEGLIGENCE.