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ROBERT L. EHRLICH, JR., Governor
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Ch. 167
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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) 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:
1. The officer had reasonable grounds to believe that the
person had been driving or attempting to drive a motor vehicle on a highway or on
any private property that is used by the public in general in this State 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. The person refused to take a test when requested by the
police officer or the person submitted to the test which indicated an alcohol
concentration of 0.08 or more at the time of testing; and
3. The person was fully advised 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) or (2) of this section.
(c) (1) If a person is involved in a motor vehicle accident that results in the
death of, or a life threatening injury to, another person and the person is detained by
a police officer who has reasonable grounds to believe that the person has been
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, or in violation of § 16-813
of this title, the person shall be required to submit, as directed by the officer, to a test
of:
(i) The person's breath to determine alcohol concentration;
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- 1035 -
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