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Ch. 167 2005 LAWS OF MARYLAND
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(i) The licensee did not refuse to take a test;
(ii) The licensee has not had a license suspended under this section
during the past 5 years;
(iii) The licensee has not been convicted under § 21-902 of this
article during the past 5 years; and
(iv) 1. The licensee is required to drive a motor vehicle in the
course of employment;
2. The license is required for the purpose of attending an
alcoholic prevention or treatment program; or
3. It finds that the licensee has no alternative means of
transportation available to or from the licensee's place of employment and, without
the license, the licensee's ability to earn a living would be severely impaired.
(2) In addition to the authority to modify a suspension or issue a
restrictive license under paragraph (1) or (4) of this subsection, the Administration
may modify a suspension under this section or issue a restrictive license, including a
restriction that prohibits the licensee from driving or attempting to drive a motor
vehicle unless the licensee is a participant in the Ignition Interlock System Program
established under § 16-404.1 of this title, if:
(i) The licensee did not refuse to take a test;
(ii) The licensee has not been convicted under § 21-902 of this
article; and
(iii) The license is required for the purpose of attending:
1. A noncollegiate educational institution as defined in §
2-206(a) of the Education Article; or
2. A regular program at an institution of postsecondary
education.
(3) If the licensee refused to take a test, the Administration may not
modify a suspension under this section or issue a restrictive license except as
provided under paragraph (4) of this subsection.
(4) In addition to the authority to modify a suspension or issue a
restrictive license under paragraph (1) or (2) of this subsection, the Administration
may modify a suspension under this section or issue a restrictive license to a licensee
who participates in the Ignition Interlock System Program established under §
16-404.1 of this title for at least 1 year.
(O) THE PROVISIONS OF THIS SECTION RELATING TO DISQUALIFICATION DO
NOT APPLY TO OFFENSES COMMITTED BY AN INDIVIDUAL IN A NONCOMMERCIAL
MOTOR VEHICLE BEFORE:
(1) SEPTEMBER 30, 2005; OR
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