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ROBERT L. EHRLICH, JR., Governor
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Ch. 461
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(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
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. 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. The police officer requested a test after the person was
fully advised. AS REQUIRED UNDER SUBSECTION (B)(2) OF THIS SECTION, of the
administrative sanctions that shall be imposed[, including the fact that a person who
refuses to take the test is ineligible for modification of a suspension or issuance of a
restrictive license under subsection (n)(1) and (2) of this section] AS REQUIRED
UNDER SUBSECTION (B)(2) OF THIS SECTION; and
4. A. The person refused to take the test; or
B. A test to determine alcohol concentration was taken and
the test result indicated an alcohol concentration of 0.08 or more at the time of
testing.
(iv) In the absence of a compelling reason for failure to attend a
hearing, failure of a person to attend a hearing in prima facie evidence of the person's
inability to answer the sworn statement of the police officer or the test technician or
analyst, and the Administration summarily shall:
1. Suspend the driver's license or privilege to drive; and
2. If the driver is detained in a commercial motor vehicle or
holds a commercial driver's licence, disqualify the person from operating a
commercial motor vehicle.
(v) The suspension imposed shall be:
1. [For] EXCEPT AS PROVIDED IN ITEM 2 OF THIS
SUBPARAGRAPH. FOR a test result indicating an alcohol concentration of 0.08 or more
at the time of testing:
A. For a first offense, a suspension for 45 days; or
B. For a second or subsequent offense, a suspension for 90
days; [or]
2. FOR A TEST RESULT INDICATING AN ALCOHOL
CONCENTRATION OF 0.15 OR MORE AT THE TIME OF TESTING:
- 2371 -
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