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1037
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HARRY HUGHES, Governor
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(iii) If a chemical test for alcohol would not
jeopardize the health or well-being of the individual, direct a
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 (B) OR (c) of this section.
(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.
(f) (1) On receipt of the sworn statement of a police
officer filed under subsection (B) OR (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 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 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
(B) OR (c) and refused to take a chemical test for alcohol.
Failure of the driver to attend the hearing is prima facie
evidence of the driver's inability to answer the sworn statement
of the police officer, and the Administration summarily shall
suspend the driver's license or privilege to drive [for not less
than 60 days nor more than 6 months]. THE SUSPENSION IMPOSED MAY
BE MOT LESS THAN 60 DAYS NOR MORE THAN 6 MONTHS FOR A FIRST
OFFENSE AND MAY NOT BE LESS THAN 6 MONTHS 120 DAYS NOR MORE THAN
1 YEAR FOR A SECOND OR SUBSEQUENT OFFENSE.
(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 employment;
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