HARRY HUGHES, Governor 1429
take a chemical test for alcohol. Failure of the driver to
attend the hearing is prima facie evidence of the driver's
inability to answer the sworn statement of the police officer,
and the Administration summarily shall suspend the driver's
license or privilege to drive. The suspension imposed may be not
less than 60 days nor more than 6 months for a first offense and
may not be less than 120 days nor more than 1 year for a second
or subsequent offense.
(5) EXCEPT WHERE THE SUSPENSION IS ON A REFUSAL TO
TAKE A CHEMICAL TEST WITH RESPECT TO AN ALLEGED VIOLATION OF AN
ALCOHOL RESTRICTION, [The] THE Administration may modify this
suspension or issue a restrictive license if:
(i) The licensee is required to drive a motor
vehicle in the course of employment;
(ii) The license is required for the purpose of
attending an alcoholic prevention or treatment program; or
(iii) It finds that the licensee has no
alternative means of transportation available and without the
license, the licensee's ability to earn a living would be
severely impaired.
(g) If the Administration imposes a suspension after a
hearing, the individual whose license or privilege to drive has
been suspended may appeal the final order of suspension as
provided in Title 12, Subtitle 2 of this article.
21-902.
(E) A LICENSEE WHO IS RESTRICTED BY ORDER OF A COURT OR BY
THE ADMINISTRATION FROM DRIVING OR ATTEMPTING TO DRIVE A MOTOR
VEHICLE WHILE HAVING ANY ALCOHOL IN HIS BODY MAY NOT DRIVE OR
ATTEMPT TO DRIVE A VEHICLE WHILE HAVING ANY ALCOHOL IN HIS BODY.
26-202.
(a) A police officer may arrest without a warrant a person
for a violation of the Maryland Vehicle Law, including any rule
or regulation adopted under it, or for a violation of any traffic
law or ordinance of any local authority of this State, if:
(3) The officer has probable cause to believe that
the person has committed the violation, and the violation is any
of the following offenses:
(i) Driving or attempting to drive while
intoxicated . [or] while under the influence of alcohol, OR IN
VIOLATION OF AN ALCOHOL RESTRICTION;
27-101.
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