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ROBERT L. EHRLICH, JR., Governor
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Ch. 167
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(2) Any person who drives or attempts to drive a motor vehicle on a
highway or on any private property that is used by the public in general in this State
is deemed to have consented, subject to the provisions of §§ 10-302 through 10-309,
inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person
should be detained on suspicion of 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.
(b) (1) Except as provided in subsection (c) of this section, a person may not
be compelled to take a test. However, the detaining officer shall advise the person
that, on receipt of a sworn statement from the officer that the person was so charged
and refused to take a test, or was tested and the result indicated an alcohol
concentration of 0.08 or more, the Administration shall:
(i) In the case of a person licensed under this title:
1. For a test result indicating an alcohol concentration of
0.08 or more at the time of testing:
A. For a first offense, suspend the driver's license for 45 days;
or
B. For a second or subsequent offense, suspend the driver's
license for 90 days; or
2. For a test refusal:
A. For a first offense, suspend the driver's license for 120
days; or
B. For a second or subsequent offense, suspend the driver's
license for 1 year;
(ii) In the case of a nonresident or unlicensed person:
1. For a test result indicating an alcohol concentration of
0.08 or more at the time of testing:
A. For a first offense, suspend the person's driving privilege
for 45 days; or
B. For a second or subsequent offense, suspend the person's
driving privilege for 90 days; or
2. For a test refusal:
A. For a first offense, suspend the person's driving privilege
for 120 days; or
B. For a second or subsequent offense, suspend the person's
driving privilege for 1 year; and
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- 1033 -
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