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VETOES
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H.B. 789
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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;
3. 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;
4. The police officer requested a test after the person was
fully advised of the administrative sanctions that shall be imposed; and
5. The person refused to take the test.
(iii) If the person is licensed to drive a commercial motor vehicle, the
Administration shall disqualify the person in accordance with subparagraph (ii) of
this paragraph, but may not impose a suspension under subparagraph (i) of this
paragraph, if:
1. The person was detained while operating a commercial
motor vehicle OR WHILE HOLDING A COMMERCIAL DRIVER'S LICENSE;
2. The police officer had reasonable grounds to believe the
person was in violation of an alcohol restriction or in violation of § 16-813 of this title;
3. The police officer did not have reasonable grounds to
believe the driver was driving while under the influence of alcohol, driving 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, or while impaired by a controlled dangerous substance; and
4. The driver refused to take a test.
(iv) In the absence of a compelling reason for failure to attend a
hearing, failure of a person to attend a hearing is prima facie evidence of the person's
inability to answer the sworn statement of the police officer or the test technician or
analyst, and the Administration summarily shall:
1. Suspend the driver's license or privilege to drive; and
2. If the driver is detained in a commercial motor vehicle OR
HOLDS A COMMERCIAL DRIVER'S LICENSE, disqualify the person from operating a
commercial motor vehicle.
(v) The suspension imposed shall be:
1. For a test result indicating an alcohol concentration of
0.08 or more at the time of testing:
A. For a first offense, a suspension for 45 days; or
B. For a second or subsequent offense, a suspension for 90
days; or
2. For a test refusal:
- 4194 -
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