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H.B. 789 VETOES
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A. For a first offense, suspend the driver's license for 45 days;
or
B. For a second or subsequent offense, suspend the driver's
license for 90 days; or
2. For a test refusal:
A. For a first offense, suspend the driver's license for 120
days; or
B. For a second or subsequent offense, suspend the driver's
license for 1 year;
(ii) In the case of a nonresident or unlicensed person:
1. For a test result indicating an alcohol concentration of
0.08 or more at the time of testing:
A. For a first offense, suspend the person's driving privilege
for 45 days; or
B. For a second or subsequent offense, suspend the person's
driving privilege for 90 days; or
2. For a test refusal:
A. For a first offense, suspend the person's driving privilege
for 120 days; or
B. For a second or subsequent offense, suspend the person's
driving privilege for 1 year; and
(iii) In addition to any applicable driver's license suspensions
authorized under this section, 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:
1. Disqualify the person's commercial driver's license 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 disqualify for life for
a second or subsequent offense which occurs while operating any commercial motor
vehicle; or
2. If the person [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 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.
(2) Except as provided in subsection (c) of this section, if a police officer
stops or detains any person who the police officer has reasonable grounds to believe is
or has been driving or attempting to drive a motor vehicle while under the influence
of alcohol, while impaired by alcohol, while so far impaired by any drug, any
- 4186 -
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