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ROBERT L. EHRLICH, JR., Governor H.B. 789
A. For a first offense, a suspension for 120 days; or
B. For a second or subsequent offense, a suspension for 1
year.
(vi) A disqualification imposed under subparagraph (ii) or (iii) of
this paragraph shall be for a period of 1 year for a first offense, 3 years for a first
offense which occurs while transporting hazardous material required to be placarded,
and life for a second or subsequent offense which occurs while operating or
attempting to operate any commercial motor vehicle.
(vii) A disqualification of a commercial driver's license is not subject
to any modifications, nor may a restricted commercial driver's license be issued in
lieu of a disqualification.
(viii) A disqualification for life may be reduced if permitted by §
16-812(d) of this title.
(g) (1) An initial refusal to take a test that is withdrawn as provided in this
subsection is not a refusal to take a test for the purposes of this section.
(2) A person who initially refuses to take a test may withdraw the initial
refusal and subsequently consent to take the test if the subsequent consent:
(i) Is unequivocal;
(ii) Does not substantially interfere with the timely and efficacious
administration of the test; and
(iii) Is given by the person:
1. Before the delay in testing would materially affect the
outcome of the test; and
2. A. For the purpose of a test for determining alcohol
concentration, within 2 hours of the person's apprehension; or
B. For the purpose of a test for determining the drug or
controlled dangerous substance content of the person's blood, within 4 hours of the
person's apprehension.
(3) In determining whether a person has withdrawn an initial refusal for
the purposes of paragraph (1) of this subsection, among the factors that the
Administration shall consider are the following:
(i) Whether the test would have been administered properly:
1. For the purpose of a test for determining alcohol
concentration, within 2 hours of the person's apprehension; or
2. For the purpose of a test for determining the drug or
controlled dangerous substance content of the person's blood, within 4 hours of the
person's apprehension;
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