Ch. 284

LAWS OF MARYLAND

(F) (1) AT THE TIME OF, OR WITHIN 7 10 DAYS FROM THE DATE
OF, THE ISSUANCE OF AN ORDER OF SUSPENSION, A PERSON MAY SUBMIT A
WRITTEN REQUEST FOR A HEARING BEFORE AN OFFICER OF THE MOTOR
VEHICLE ADMINISTRATION IF:

(I)  THE PERSON IS ARRESTED FOR DRIVING OR
ATTEMPTING TO DRIVE A MOTOR VEHICLE WHILE INTOXICATED , OR UNDER
THE INFLUENCE OF ALCOHOL, WHILE UNDER THE INFLUENCE OF DRUGS OR
DRUGS AND ALCOHOL, OR WHILE UNDER THE INFLUENCE OF A CONTROLLED
DANGEROUS SUBSTANCE; AND

(II) 1. THERE IS AN ALCOHOL CONCENTRATION OF
0.10 OR MORE AT THE TIME OF TESTING; OR

2. THE PERSON REFUSED THE TESTS TEST FOR
ALCOHOL OR DRUGS OR BOTH.

(2) A REQUEST FOR A HEARING MADE BY MAIL SHALL BE
DEEMED TO HAVE BEEN MADE ON THE DATE OF THE UNITED STATES POSTAL
SERVICE POSTMARK ON THE MAIL.

(2) (3) IF THE DRIVER'S LICENSE HAS NOT BEEN
PREVIOUSLY SURRENDERED, THE LICENSE MUST BE SURRENDERED AT THE
TIME THE REQUEST FOR A HEARING IS MADE.

(3) (4) IF A HEARING REQUEST IS NOT MADE WITHIN THE
7-DAY 10-DAY PERIOD, THE ADMINISTRATION SHALL EFFECT MAKE THE
SUSPENSION ORDER EFFECTIVE SUSPENDING THE LICENSE FOR 1 YEAR FOR
A TEST REFUSAL OR 120 DAYS FOR A TEST RESULT INDICATING AN
ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING:

(I) FOR A TEST RESULT INDICATING AN ALCOHOL
CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING;

1. FOR A FIRST OFFENSE, FOR AT LEAST 30
DAYS AND NOT MORE THAN 90 45 DAYS; OR

2.  FOR A SECOND OR SUBSEQUENT OFFENSE,
FOR AT LEAST 60 DAYS AND NOT MORE THAN 180 90 DAYS; OR

(II) FOR A TEST REFUSAL;

1. FOR A FIRST OFFENSE, FOR AT LEAST 60
DAYS AND NOT MORE THAN 180 120 DAYS; OR

2.  FOR A SECOND OFFENSE OR SUBSEQUENT
OFFENSE, FOR AT LEAST 120 DAYS AND NOT MORE THAN 1 YEAR.

(4) (5) (I) IF THE PERSON REQUESTS A HEARING WITHIN
THE 7 DAY 10-DAY PERIOD AND SURRENDERS THE DRIVER'S LICENSE, THE
ADMINISTRATION SHALL SET A HEARING FOR A DATE WITHIN 30 DAYS OF
THE RECEIPT OF THE REQUEST.

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