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Ch. 461 2006 LAWS OF MARYLAND
A. FOR A FIRST OFFENSE. A SUSPENSION OF 90 DAYS; OR
B. FOR A SECOND OR SUBSEQUENT OFFENSE. A SUSPENSION
OF 180 DAYS; OR
[2.] 3. For a test refusal:
A. For a first offense, a suspension for 120 days; or
B. For a second or subsequent offense, a suspension for 1
year.
(n) (1) The Administration may modify a suspension under this section or
issue a restrictive license if:
(i) The licensee did not refuse to take a test:
(ii) The licensee has not had a license suspended under this section
during the past 5 years;
(iii) The licensee has not been convicted under § 21-902 of this
article during the past 5 years; [and]
(IV) THE LICENSEE HAS A TEST RESULT INDICATING AN ALCOHOL
CONCENTRATION OF LESS THAN 0.15: AND
[(iv)] (V) 1. The licensee is required to drive a motor vehicle in
the course of employment;
2. The license is required for the purpose of attending an
alcoholic prevention or treatment program; [or]
3. [It] THE ADMINISTRATION finds that the licensee has no
alternative means of transportation available to or from the licensee's place of
employment and, without the license, the licensee's ability to earn a living would be
severely impaired; OR
4. THE ADMINISTRATION FINDS THAT THE LICENSE IS
REQUIRED FOR THE PURPOSE OF OBTAINING HEALTH CARE TREATMENT.
INCLUDING A PRESCRIPTION. THAT IS NECESSARY FOR THE LICENSEE OR A MEMBER
OF THE LICENSEE'S IMMEDIATE FAMILY AND THE LICENSEE AND THE LICENSEE'S
IMMEDIATE FAMILY HAVE NO ALTERNATIVE MEANS OF TRANSPORTATION
AVAILABLE TO OBTAIN THE HEALTH CARE TREATMENT.
(2) In addition to the authority to modify a suspension or issue a
restrictive license under paragraph (1) or (4) of this subsection, the Administration
may modify a suspension under this section or issue a restrictive license, including a
restriction that prohibits the licensee from driving or attempting to drive a motor
vehicle unless the licensee is a participant in the Ignition Interlock System Program
established under § 16-404.1 of this title, if:
(i) The licensee did not refuse to take a test:
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