|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor
|
|
|
|
|
|
H.B. 789
|
|
|
|
|
|
|
|
|
|
|
|
|
combination of drugs, or a combination of one or more 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 who is not unconscious or otherwise incapable of refusing to take a test, the police
officer shall:
(i) Detain the person;
(ii) Request that the person permit a test to be taken; and
(iii) Advise the person of the administrative sanctions that shall be
imposed for refusal to take the test, including ineligibility for modification of a
suspension or issuance of a restrictive license under subsection (n)(l) or (2) of this
section, and for test results indicating an alcohol concentration of 0.08 or more at the
time of testing.
(3) If the person refuses to take the test or takes a test which results in
an alcohol concentration of 0.08 or more at the time of testing, the police officer shall:
(i) Confiscate the person's driver's license issued by this State;
(ii) Acting on behalf of the Administration, personally serve an
order of suspension on the person;
(iii) Issue a temporary license to drive;
(iv) Inform the person that the temporary license allows the person
to continue driving for 45 days if the person is licensed under this title;
(v) Inform the person that:
1. The person has a right to request, at that time or within
10 days, a hearing to show cause why the driver's license should not be suspended
concerning the refusal to take the test or for test results indicating an alcohol
concentration of 0.08 or more at the time of testing, and the hearing will be scheduled
within 45 days; and
2. If a hearing request is not made at that time or within 10
days, but within 30 days the person requests a hearing, a hearing to show cause why
the driver's license should not be suspended concerning the refusal to take the test or
for test results indicating an alcohol concentration of 0.08 or more at the time of
testing will be scheduled, but a request made after 10 days does not extend a
temporary license issued by the police officer that allows the person to continue
driving for 45 days;
(vi) Advise the person of the administrative sanctions that shall be
imposed in the event of failure to request a hearing, failure to attend a requested
hearing, or upon an adverse finding by the hearing officer; and
(vii) Within 72 hours after the issuance of the order of suspension,
send any confiscated driver's license, copy of the suspension order, and a sworn
statement to the Administration, that states:
- 4187 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
