Ch. 284

LAWS OF MARYLAND

1.  FOR A TEST RESULT INDICATING AN
ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING:

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

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

2. FOR A TEST REFUSAL;

A. FOR A FIRST OFFENSE, A SUSPENSION FOR
AT LEAST 60 DAYS AND NOT MORE THAN 90 180 120 DAYS; OR

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

(g) If the Administration imposes a suspension after a
hearing, the [individual] PERSON 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.

(H) THIS SECTION DOES NOT PROHIBIT THE IMPOSITION OF
FURTHER ADMINISTRATIVE SANCTIONS IF THE PERSON IS CONVICTED FOR
ANY VIOLATION OF THE MARYLAND VEHICLE LAW ARISING OUT OF THE SAME
OCCURRENCE.

(I) (1) THE DETERMINATION OF ANY FACTS BY THE
ADMINISTRATION IS INDEPENDENT OF THE DETERMINATION OF THE SAME OR
SIMILAR FACTS IN THE ADJUDICATION OF ANY CRIMINAL CHARGES ARISING
OUT OF THE SAME OCCURRENCE.

(2) THE DISPOSITION OF THOSE CRIMINAL CHARGES MAY NOT
AFFECT ANY SUSPENSION IMPOSED UNDER THIS SECTION.

(J) NOTWITHSTANDING ANY OTHER SECTION OF THIS TITLE

(1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION,
A SUSPENSION IMPOSED UNDER THIS SECTION MAY NOT BE STAYED BY THE
ADMINISTRATION PENDING APPEAL.

(2) IF THE PERSON FILES AN APPEAL AND REQUESTS IN
WRITING A STAY OF A SUSPENSION IMPOSED UNDER THIS SECTION, THE
DIRECTOR OF THE DIVISION OF ADMINISTRATIVE ADJUDICATION OF THE
ADMINISTRATION MAY STAY A SUSPENSION IMPOSED UNDER THIS SECTION.

(K) A SUSPENSION IMPOSED UNDER THIS SECTION MAY NOT BE
MODIFIED NOR MAY A RESTRICTED LICENSE BE ISSUED.

(K) (1) THE ADMINISTRATION MAY MODIFY A SUSPENSION UNDER
THIS SECTION OR ISSUE A RESTRICTIVE LICENSE IF:-------------------

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