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Ch. 167
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2005 LAWS OF MARYLAND
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(iii) In addition to any applicable driver's license suspensions
authorized under this section, in the case of a person operating a commercial motor
vehicle OR WHO HOLDS A COMMERCIAL DRIVER'S LICENSE who refuses to take a test:
1. Disqualify the person's commercial driver's license for a
period of 1 year for a first offense, 3 years for a first offense which occurs while
transporting hazardous materials required to be placarded, and disqualify for life for
a second or subsequent offense which occurs while operating any commercial motor
vehicle; or
2. If the person [is licensed as a commercial driver] HOLDS A
COMMERCIAL DRIVER'S LICENSE ISSUED by another state, disqualify the person's
privilege to operate a commercial motor vehicle and report the refusal and
disqualification to the person's resident state which may result in further penalties
imposed by the person's resident state.
(2) Except as provided in subsection (c) of this section, if a police officer
stops or detains any person who the police officer has reasonable grounds to believe is
or has been driving or attempting to drive a motor vehicle 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,
and who is not unconscious or otherwise incapable of refusing to take a test, the police
officer shall:
(i) Detain the person;
(ii) Request that the person permit a test to be taken; and
(iii) Advise the person of the administrative sanctions that shall be
imposed for refusal to take the test, including ineligibility for modification of a
suspension or issuance of a restrictive license under subsection (n)(1) or (2) of this
section, and for test results indicating an alcohol concentration of 0.08 or more at the
time of testing.
(3) If the person refuses to take the test or takes a test which results in
an alcohol concentration of 0.08 or more at the time of testing, the police officer shall:
(i) Confiscate the person's driver's license issued by this State;
(ii) Acting on behalf of the Administration, personally serve an
order of suspension on the person;
(iii) Issue a temporary license to drive;
(iv) Inform the person that the temporary license allows the person
to continue driving for 45 days if the person is licensed under this title;
(v) Inform the person that:
1. The person has a right to request, at that time or within
10 days, a hearing to show cause why the driver's license should not be suspended
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