HARRY HUGHES, Governor                                    1427

and not less than 120 days nor more than 1 year for a second or
subsequent offense.

(2) Except as provided in subsection (c) of this
section, if a police officer stops or detains any individual who
the police officer has reasonable grounds to believe is or has
been driving or attempting to drive a [motor] vehicle while

intoxicated . [or] while under the influence of alcohol, OR IN

VIOLATION OF AN ALCOHOL RESTRICTION, and who is not unconscious

or otherwise incapable of refusing to take a chemical test for
alcohol, the police officer shall:

(i) Detain the individual;

(ii) Request that the individual permit a
chemical test to be taken of the individual's blood or breath to
determine the alcoholic content of the individual's blood;

(iii) Advise the individual of the
administrative penalties that shall be imposed for refusal to
take the test; and

(iv) If the individual refuses to take the
test, send a sworn report to the Administration within 72 hours
after detention, that states:

1.  The officer had reasonable grounds to
believe that the individual had been driving or attempting to
drive a [motor] vehicle on a highway or on any private property
that is used by the public in general in this State while

intoxicated . [or] while under the influence of alcohol, OR IN

VIOLATION OF AN ALCOHOL RESTRICTION; and

2.  The individual refused to take the
chemical test for alcohol when requested by the police officer
and after being informed of the administrative penalties that
shall be imposed for refusal,

(c) If a person is involved in a motor vehicle accident
that results in the death of another person and the person is
detained by a police officer who has reasonable grounds to
believe that the person has been driving or attempting to drive
while intoxicated or while under the influence of alcohol, OR IF

A PERSON IS DETAINED BY A POLICE OFFICER WHO HAS REASONABLE
GROUNDS TO BELIEVE THAT THE PERSON HAS BEEN DRIVING OR ATTEMPTING
TO DRIVE A VEHICLE IN VIOLATION OF AN ALCOHOL RESTRICTION, the

person shall be required to submit to a chemical test, as
directed by the officer, of the person's blood or breath to
determine the alcohol content of the person's blood. If a
police officer directs that a person's blood or breath be tested
for alcohol, then the provisions of § 10-304 of the Courts and
Judicial Proceedings Article shall apply. Any medical personnel
who perform any test required by this section are not liable for
any civil damages as the result of any act or omission related to
such test, not amounting to gross negligence.