Ch. 291

LAWS OF MARYLAND

PRIVILEGE TO OPERATE A COMMERCIAL MOTOR VEHICLE UNDER SUBSECTION
(F)(6) OF THIS SECTION AND REPORT THE REFUSAL AND
DISQUALIFICATION TO THE DRIVER'S RESIDENT STATE WHICH MAY RESULT
IN FURTHER PENALTIES IMPOSED BY THE DRIVER'S RESIDENT STATE.

(2) Except as provided in subsection (c) of this
section, if a police officer stops or detains any individual who
the police officer has reasonable grounds to believe is or has
been driving or attempting to drive a motor vehicle while
intoxicated, while under the influence of alcohol, [or] in
violation of an alcohol restriction, IN VIOLATION OF 49 CFR §
392.5, OR IN VIOLATION OF § 16-813 OF THIS ARTICLE TITLE, and who
is not unconscious or otherwise incapable of refusing to take a
chemical test for alcohol, the police officer shall:

(i) Detain the individual;                          '

(ii) Request that the individual permit a
chemical test to be taken of the individual's blood or breath to
determine the [alcoholic content] ALCOHOL CONCENTRATION of the
individual's blood;

(iii) Advise the individual of the
administrative penalties that shall be imposed for refusal to
take the test; and

(iv) If the individual refuses to take the
test, send a sworn report to the Administration within 72 hours
after detention, that states:

1.  The officer had reasonable grounds to
believe that the individual had been driving or attempting to
drive a motor vehicle on a highway or on any private property
that is used by the public in general in this State while
intoxicated, while under the influence of alcohol, [or] in
violation of an alcohol restriction, IN VIOLATION OF 49 CFR §
392.5, OR IN VIOLATION OF § 16-813 OF THIS ARTICLE TITLE; and

2.  The individual refused to take the
chemical test for alcohol when requested by the police officer
and after being informed of the administrative penalties that
shall be imposed for refusal.

(c) If a person is involved in a motor vehicle accident
that results in the death of another person and the person is
detained by a police officer who has reasonable grounds to
believe that the person has been driving or attempting to drive
while intoxicated [or], while under the influence of alcohol, IN
VIOLATION OF 49 CFR § 392.5, OR IN VIOLATION OF § 16-813 OF THIS
TITLE, the person shall be required to submit to a chemical test,
as directed by the officer, of the person's blood or breath to
determine the alcohol [content] CONCENTRATION of the person's
blood. If a police officer directs that a person's blood or

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