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ROBERT L. EHRLICH, JR., Governor Ch. 167
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
(ii) 1. There is an alcohol concentration of 0.08 or more at the
time of testing; or
2. The person refused to take a test.
(2) A request for a hearing made by mail shall be deemed to have been
made on the date of the United States Postal Service postmark on the mail.
(3) If the driver's license has not been previously surrendered, the
license must be surrendered at the time the request for a hearing is made.
(4) If a hearing request is not made at the time of or within 10 days after
the issuance of the order of suspension, the Administration shall:
(i) Make the suspension order effective suspending the license:
1. For a test result indicating an alcohol concentration of
0.08 or more at the time of testing:
A. For a first offense, for 45 days; or
B. For a second or subsequent offense, for 90 days; or
2. For a test refusal:
A. For a first offense, for 120 days; or
B. For a second offense or subsequent offense, for 1 year; and
(ii) 1. 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,
disqualify the [person's commercial driver's license] PERSON FROM OPERATING A
COMMERCIAL MOTOR VEHICLE 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 for life for a second or subsequent offense which occurs while
operating any commercial vehicle; or
2. In the case of a person operating a commercial motor
vehicle who refuses to take a test, and who [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 in this State 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.
(5) (i) If the person requests a hearing at the time of or within 10 days
after the issuance of the order of suspension and surrenders the driver's license or, if
applicable, the person's commercial driver's license, the Administration shall set a
hearing for a date within 30 days of the receipt of the request.
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- 1037 -
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