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VETOES
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H.B. 789
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(ii) Whether a qualified person, as defined in § 10-304 of the
Courts Article, to administer the test and testing equipment were readily available;
(iii) Whether the delay in testing would have interfered with the
administration of a test to another person;
(iv) Whether the delay in testing would have interfered with the
attention to other duties of the arresting officer or a qualified person, as defined in §
10-304 of the Courts Article;
(v) Whether the person's subsequent consent to take the test was
made in good faith; and
(vi) Whether the consent after the initial refusal was while the
person was still in police custody.
(4) In determining whether a person has withdrawn an initial refusal for
the purposes of paragraph (1) of this subsection, the burden of proof rests with the
person to establish by a preponderance of the evidence the requirements of paragraph
(2) of this subsection.
(h) Notwithstanding any other provision of this section, if a driver's license is
suspended based on multiple administrative offenses of refusal to take a test, or a test
to determine alcohol concentration taken that indicated an alcohol concentration of
0.08 or more at the time of testing, or any combination of these administrative
offenses committed at the same time, or arising out of circumstances simultaneous in
time and place, or arising out of the same incident, the Administration:
(1) Shall suspend the driver's license for the administrative offense that
results in the lengthiest period of suspension; and
(2) May not impose any additional periods of suspension for the
remainder of the administrative offenses.
(i) Notwithstanding any other provision of this section, a test for drug or
controlled dangerous substance content under this section:
(1) May not be requested as described under subsection (b) of this
section, required as described under subsection (c) of this section, or directed as
described under subsection (d) of this section, by a police officer unless the law
enforcement agency of which the officer is a member has the capacity to have such
tests conducted;
(2) May only be requested as described under subsection (b) of this
section, required as described under subsection (c) of this section, or directed as
described under subsection (d) of this section, by a police officer who is a trainee, has
been trained, or is participating directly or indirectly in a program of training that is:
(i) Designed to train and certify police officers as drug recognition
experts; and
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- 4196 -
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