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220
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Ch. 60
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LAWS OF MARYLAND
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(d) (1) If a police officer has reasonable grounds to
believe an individual has been driving or attempting to drive a
motor vehicle while intoxicated or while under the influence of
alcohol, and if the police officer determines the individual is
unconscious or otherwise incapable of refusing to take a chemical
test for alcohol, the police officer shall:
(i) Obtain prompt medical attention for the
individual;
(ii) If necessary, arrange for removal of the
individual to a nearby medical facility; and
(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 [(c)] (B) OR (C) of this section.
(f) (1) On receipt of the sworn statement of a police
officer filed under subsection [(c)] (B) 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
[(c)] (B) THIS SECTION 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.
(5) The Administration may modify this suspension or
issue a restrictive license if:
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