WILLIAM DONALD SCHAEFER, Governor Ch. 284

(6)(I) AFTER THE HEARING, THE ADMINISTRATION SHALL
SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE IF THE
ADMINISTRATION DETERMINES THAT THE PERSON CHARGED AS SET FORTH IN
SUBSECTION (B) OR (C) OF THIS SECTION EITHER:

1. REFUSED TO TAKE A TEST OR TESTS; OR

2. A TEST WAS TAKEN AND THE TEST RESULT
INDICATED AN ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE TIME OF
TESTING.

(7) (I) AFTER THE HEARING, THE ADMINISTRATION SHALL
SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE OF THE PERSON
CHARGED UNDER SUBSECTION (B) OR (C) OF THIS SECTION IF;

1.  THE POLICE OFFICER WHO STOPS OR
DETAINS THE PERSON HAD REASONABLE GROUNDS TO BELIEVE THE PERSON
WAS DRIVING OR ATTEMPTING TO DRIVE WHILE INTOXICATED, WHILE UNDER
THE INFLUENCE OF ALCOHOL, OR IN VIOLATION OF AN ALCOHOL
RESTRICTION;

2.  THERE WAS EVIDENCE OF ALCOHOL
CONSUMPTION;

3.  THE POLICE OFFICER REQUESTED A
CHEMICAL TEST TO DETERMINE ALCOHOL CONCENTRATION AFTER THE PERSON
WAS FULLY ADVISED OF THE ADMINISTRATIVE SANCTIONS THAT SHALL BE
IMPOSED; AND

4. A. THE PERSON:

A. REFUSED TO TAKE A CHEMICAL TEST TO
DETERMINE ALCOHOL CONCENTRATION; OR

B. A CHEMICAL TEST TO DETERMINE ALCOHOL
CONCENTRATION WAS TAKEN AND THE TEST RESULT INDICATED AN ALCOHOL
CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING.

(II)   IN THE ABSENCE OF A COMPELLING REASON FOR
FAILURE TO ATTEND THE HEARING, FAILURE OF A PERSON TO ATTEND THE
HEARING IN THE ABSENCE OF A COMPELLING REASON FOR FAILURE TO
ATTEND, IS PRIMA FACIE EVIDENCE OF THE PERSON'S INABILITY TO
ANSWER THE SWORN STATEMENT OF THE POLICE OFFICER OR THE TEST
TECHNICIAN OR ANALYST, AND THE ADMINISTRATION SUMMARILY SHALL
SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE.

(III) THE SUSPENSION IMPOSED SHALL BE 1 YEAR
FOR A TEST REFUSAL AND 120 DAYS FOR A TEST RESULT INDICATING AN
ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING.

(III) THE SUSPENSION IMPOSED SHALL BE:

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