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ROBERT L. EHRLICH, JR., Governor
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H.B. 789
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(i) Obtain prompt medical attention for the person;
(ii) If necessary, arrange for removal of the person to a nearby
medical facility; and
(iii) If a test would not jeopardize the health or well-being of the
person, direct a qualified medical person to withdraw blood for a test.
(2) If a person regains consciousness or otherwise becomes capable of
refusing before the taking of a test, the police officer shall follow the procedure set
forth in subsection (b) or (c) of this section.
(e) (1) The tests to determine alcohol concentration may be administered by
an individual who has been examined and is certified by the Department of State
Police as sufficiently equipped and trained to administer the tests.
(2) The Department of State Police may adopt regulations for the
examination and certification of individuals trained to administer tests to determine
alcohol concentration.
(f) (1) Subject to the provisions of this subsection, at the time of, or within
30 days from the date of, the issuance of an order of suspension, a person may submit
a written request for a hearing before an officer of the Administration if:
(i) The person is arrested for 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 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
(ii) 1. There is an alcohol concentration of 0.08 or more at the
time of testing; or
2. The person refused to take a test.
(2) A request for a hearing made by mail shall be deemed to have been
made on the date of the United States Postal Service postmark on the mail.
(3) If the driver's license has not been previously surrendered, the
license must be surrendered at the time the request for a hearing is made.
(4) If a hearing request is not made at the time of or within 10 days after
the issuance of the order of suspension, the Administration shall:
(i) Make the suspension order effective suspending the license:
1. For a test result indicating an alcohol concentration of
0.08 or more at the time of testing:
A. For a first offense, for 45 days; or
B. For a second or subsequent offense, for 90 days; or
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