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219
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HARRY HUGHES, Governor
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(i) 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
(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.
(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 and who is
not unconscious or otherwise incapable of refusing to take a
chemical test for alcohol, the police officer shall:
(i) Detain the individual;
(ii) Request that the individual permit a
chemical test to be taken of the individual's blood or breath to
determine the alcoholic content of the individual's blood;
(iii) Advise the individual of the
administrative penalties that shall be imposed for refusal to
take the test; and
(iv) If the individual refuses to take the
test, file with the Administration, within 48 hours after
detention, a sworn report that:
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
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 the death of another person and the person is
detained 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 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.
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