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Session Laws, 2006
Volume 750, Page 2368   View pdf image
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Ch. 461                                        2006 LAWS OF MARYLAND concerning the refusal to take the test or, for test results indicating an alcohol
concentration of 0.08 or more at the time of testing, and the hearing will be scheduled
within 45 days; and 2. If a hearing request is not made at that time or within 10
days, but within 30 days the person requests a hearing, a hearing to show cause why
the driver's license should not be suspended concerning the refusal to take the test or
for test results indicating an alcohol concentration of 0.08 or more at the time of
testing will be scheduled, but a request made after 10 days does not extend a
temporary license issued by the police officer that allows the person to continue
driving for 45 days; (vi) Advise the person of the administrative sanctions that shall be
imposed in the event of failure to request a hearing, failure to attend a requested
hearing, or upon an adverse finding by the hearing officer; [and] (VII) INFORM THE PERSON THAT, SUBJECT TO THE SAME TIME
LIMITS SET FORTH IN ITEM (V) OF THIS PARAGRAPH. THE PERSON HAS THE RIGHT TO
ELECT TO PARTICIPATE IN THE IGNITION INTERLOCK SYSTEM PROGRAM UNDER §
16-404.1 OF THIS TITLE FOR 1 YEAR INSTEAD OF REQUESTING A HEARING UNDER
THIS PARAGRAPH. IF THE PERSON REFUSED A TEST OR TAKES A TEST THAT
INDICATES AN ALCOHOL CONCENTRATION OF 0.15 OR MORE AT THE TIME OF
TESTING; AND
(VII) INFORM THE PERSON THAT, IF THE PERSON REFUSES A TEST
OR TAKES A TEST THAT INDICATES AN ALCOHOL CONCENTRATION OF 0.15 OR MORE
AT THE TIME OF TESTING. THE PERSON MAY PARTICIPATE IN THE IGNITION
INTERLOCK SYSTEM PROGRAM UNDER §
16-404.1 OF THIS TITLE INSTEAD OF
REQUESTING A HEARING UNDER THIS PARAGRAPH. IF THE FOLLOWING CONDITIONS
ARE MET:
1. THE PERSON'S DRIVER'S LICENSE IS NOT CURRENTLY
SUSPENDED, REVOKED, CANCELED, OR REFUSED;
2. THE PERSON WAS NOT CHARGED WITH A MOVING
VIOLATION ARISING OUT OF THE SAME CIRCUMSTANCES AS AN ADMINISTRATIVE
OFFENSE UNDER THIS SECTION THAT INVOLVED A DEATH OF, OR SERIOUS
PHYSICAL INJURY TO, ANOTHER PERSON; AND
3. WITHIN THE SAME TIME LIMITS SET FORTH IN ITEM (V)
OF THIS PARAGRAPH, THE PERSON:
A. SURRENDERS A VALID MARYLAND DRIVER'S LICENSE OR
SIGNS A STATEMENT CERTIFYING THAT THE DRIVER'S LICENSE IS NO LONGER IN
THE PERSON'S POSSESSION; AND
B. ELECTS IN WRITING TO PARTICIPATE IN THE IGNITION
INTERLOCK SYSTEM PROGRAM FOR 1 YEAR; AND
[(vii)] (VIII) Within 72 hours after the issuance of the order of
suspension, send any confiscated driver's license, copy of the suspension order, and a
sworn statement to the Administration, that states; - 2368 -


 
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Session Laws, 2006
Volume 750, Page 2368   View pdf image
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