|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
Ch. 167
|
|
|
|
|
|
|
|
|
|
a combination of one or more drugs and alcohol that the person could not drive a
vehicle safely, or while impaired by a controlled dangerous substance; and
4. The driver refused to take a test.
(iv) In the absence of a compelling reason for failure to attend a
hearing, failure of a person to attend a hearing is prima facie evidence of the person's
inability to answer the sworn statement of the police officer or the test technician or
analyst, and the Administration summarily shall:
1. Suspend the driver's license or privilege to drive; and
2. If the driver is detained in a commercial motor vehicle OR
HOLDS A COMMERCIAL DRIVER'S LICENSE, disqualify the person from operating a
commercial motor vehicle.
(v) The suspension imposed shall be:
1. For a test result indicating an alcohol concentration of
0.08 or more at the time of testing:
A. For a first offense, a suspension for 45 days; or
B. For a second or subsequent offense, a suspension for 90
days; or
2. 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.
(vi) A disqualification imposed under subparagraph (ii) or (iii) of
this paragraph shall be for a period of 1 year for a first offense, 3 years for a first
offense which occurs while transporting hazardous material required to be placarded,
and life for a second or subsequent offense which occurs while operating or
attempting to operate any commercial motor vehicle.
(vii) A disqualification of a commercial driver's license is not subject
to any modifications, nor may a restricted commercial driver's license be issued in
lieu of a disqualification.
(viii) A disqualification for life may be reduced if permitted by §
16-812(d) of this title.
(g) (1) An initial refusal to take a test that is withdrawn as provided in this
subsection is not a refusal to take a test for the purposes of this section.
(2) A person who initially refuses to take a test may withdraw the initial
refusal and subsequently consent to take the test if the subsequent consent:
(i) Is unequivocal;
- 1042 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
