WILLIAM DONALD SCHAEFER, Governor

(I) THE LICENSEE DID NOT REFUSE TO TAKE AN
ALCOHOL TEST;

(II) THE LICENSEE HAS NOT HAD A LICENSE
SUSPENDED UNDER THIS SECTION DURING THE PAST 5 YEARS;

(III) THE LICENSEE HAS NOT BEEN CONVICTED UNDER
§ 21-902 OF THIS ARTICLE DURING THE PAST 5 YEARS; AND

(IV) 1. THE LICENSEE IS REQUIRED TO DRIVE A
MOTOR VEHICLE IN THE COURSE OF EMPLOYMENT;

2. THE LICENSE IS REQUIRED FOR THE
PURPOSE OF ATTENDING AN ALCOHOLIC PREVENTION OR TREATMENT
PROGRAM; OR

3.. IT FINDS THAT THE LICENSEE HAS NO
ALTERNATIVE MEANS OF TRANSPORTATION AVAILABLE TO OR FROM THE
LICENSEE'S PLACE OF EMPLOYMENT AND, WITHOUT THE LICENSE, THE
LICENSEE'S ABILITY TO EARN A LIVING WOULD BE SEVERELY IMPAIRED.

(2) IF THE LICENSEE REFUSED TO TAKE AN ALCOHOL TEST,
THE ADMINISTRATION MAY NOT MODIFY A SUSPENSION UNDER THIS SECTION
OR ISSUE A RESTRICTIVE LICENSE.---------------------------------------

16-405.

(a) [If] EXCEPT AS PROVIDED IN §§ 16-205 AND 16-205.1 §
16-205.1 OF THIS TITLE, IF the suspension or revocation of a
license would affect adversely the employment [or opportunity
for employment] of a licensee, the hearing officer may:

(1) Decline to order the suspension or revocation; or

(2) Cancel or modify the suspension or revocation.

(b) For purposes of § 16-404 of this subtitle, if a
licensee is required to drive a motor vehicle in the course of
his regular employment:

(1) Suspension requires 16 points; and

(2) Revocation requires 19 points.

(c) The provisions of subsection (b) of this section
[shall] DO not apply to an individual whose current accumulation
of points includes points resulting from a conviction for a
violation of § 21-902 of this article.

Article 48A - Insurance Code

242.

- 2345 -

Ch. 284