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ROBERT L. EHRLICH, JR., Governor
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Ch. 167
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(ii) Does not substantially interfere with the timely and efficacious
administration of the test; and
(iii) Is given by the person:
1. Before the delay in testing would materially affect the
outcome of the test; and
2. A. For the purpose of a test for determining alcohol
concentration, within 2 hours of the person's apprehension; or
B. For the purpose of a test for determining the drug or
controlled dangerous substance content of the person's blood, within 4 hours of the
person's apprehension.
(3) In determining whether a person has withdrawn an initial refusal for
the purposes of paragraph (1) of this subsection, among the factors that the
Administration shall consider are the following:
(i) Whether the test would have been administered properly:
1. For the purpose of a test for determining alcohol
concentration, within 2 hours of the person's apprehension; or
2. For the purpose of a test for determining the drug or
controlled dangerous substance content of the person's blood, within 4 hours of the
person's apprehension;
(ii) Whether a qualified person, as defined in § 10-304 of the
Courts Article, to administer the test and testing equipment were readily available;
(iii) Whether the delay in testing would have interfered with the
administration of a test to another person;
(iv) Whether the delay in testing would have interfered with the
attention to other duties of the arresting officer or a qualified person, as defined in §
10-304 of the Courts Article;
(v) Whether the person's subsequent consent to take the test was
made in good faith; and
(vi) Whether the consent after the initial refusal was while the
person was still in police custody.
(4) In determining whether a person has withdrawn an initial refusal for
the purposes of paragraph (1) of this subsection, the burden of proof rests with the
person to establish by a preponderance of the evidence the requirements of paragraph
(2) of this subsection.
(h) Notwithstanding any other provision of this section, if a driver's license is
suspended based on multiple administrative offenses of refusal to take a test, or a test
to determine alcohol concentration taken that indicated an alcohol concentration of
0.08 or more at the time of testing, or any combination of these administrative
- 1043 -
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