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ROBERT L. EHRLICH, JR., Governor
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H.B. 789
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4. Whether the person refused to take the test;
5. Whether the person drove or attempted to drive a motor
vehicle while having an alcohol concentration of 0.08 or more at the time of testing; or
6. If the hearing involves disqualification of a commercial
driver's license, whether the person was operating a commercial motor vehicle OR
HELD A COMMERCIAL DRIVER'S LICENSE.
(ii) The sworn statement of the police officer and of the test
technician or analyst shall be prima facie evidence of a test refusal or a test resulting
in an alcohol concentration of 0.08 or more at the time of testing.
(8) (i) After a hearing, the Administration shall suspend the driver's
license or privilege to drive of the person charged under subsection (b) or (c) of this
section if:
1. The police officer who stopped or detained the person had
reasonable grounds to believe the person was driving or attempting to drive 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;
2. There was evidence of the use by the person of alcohol, any
drug, any combination of drugs, a combination of one or more drugs and alcohol, or a
controlled dangerous substance;
3. The police officer requested a test after the person was
fully advised of the administrative sanctions that shall be imposed, including the fact
that a person who refuses to take the test is ineligible for modification of a suspension
or issuance of a restrictive license under subsection (n)(l) and (2) of this section; and
4. A. The person refused to take the test; or
B. A test to determine alcohol concentration was taken and
the test result indicated an alcohol concentration of 0.08 or more at the time of
testing.
(ii) After a hearing, the Administration shall disqualify the person
from driving a commercial motor vehicle if:
1. The person was detained while operating a commercial
motor vehicle OR WHILE HOLDING A COMMERCIAL DRIVER'S LICENSE;
2. The police officer who stopped or detained the person had
reasonable grounds to believe that the person was driving or attempting to drive
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
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- 4193 -
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