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Ch. 461 2006 LAWS OF MARYLAND
that the person could not drive a vehicle safely, while impaired by a controlled
dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813
of this title;
2. "Whether there was evidence of the use by the person of
alcohol, any drug, any combination of drugs, a combination of one or more drugs and
alcohol, or a controlled dangerous substance;
3. Whether the police officer requested a test after the
person was fully advised of the administrative sanctions that shall be imposed,
including;
A. [the] THE fact that a person who refuses to take the test is
ineligible for modification of a suspension or issuance of a restrictive licence under
subsection (n)(1) and (2) of this section;
B. THE FACT THAT A PERSON WHOSE TEST RESULT
INDICATES AN ALCOHOL CONCENTRATION OF 0.15 OR MORE AT THE TIME OF
TESTING IS REQUIRED TO PARTICIPATE IN THE IGNITION INTERLOCK SYSTEM
PROGRAM FOR NOT LESS THAN 3 YEARS FOLLOWING THE PERIOD OF SUSPENSION
REQUIRED UNDER THIS SECTION; AND
C. THE FACT THAT A PERSON WHOSE TEST RESULT
INDICATES AN ALCOHOL CONCENTRATION OF 0.15 OR MORE AT THE TIME OF
TESTING IS INELIGIBLE FOR MODIFICATION OF A SUSPENSION OR ISSUANCE OF A
RESTRICTIVE LICENSE UNDER THIS SECTION UNLESS THE PERSON PARTICIPATES IN
THE IGNITION INTERLOCK SYSTEM PROGRAM FOR THE PERIOD OF SUSPENSION
REQUIRED UNDER THIS SECTION;
4. Whether the person refused to take the test;
5. Whether the person drove or attempted to drive a motor
vehicle while having an alcohol concentration of 0.08 or more at the time of testing;
6. WHETHER THE PERSON DROVE OR ATTEMPTED TO DRIVE
A MOTOR VEHICLE WHILE HAVING AN ALCOHOL CONCENTRATION OF 0.15 OR MORE
AT THE TIME OF TESTING; or
[6.] 7. If the hearing involves disqualification of a
commercial driver's license, whether the person was operating a commercial motor
vehicle or hold a commercial driver's license.
(8) (i) After a hearing, the Administration shall suspend the driver's
license or privilege to drive of the person charged under subsection (b) or (c) of this
section if:
1. The police officer who stopped or detained the person had
reasonable grounds to believe the person was driving or attempting to drive while
under the influence of alcohol, while impaired by alcohol, while so far impaired by any
drug, any combination of drugs, or a combination of one or more drugs and alcohol
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