Ch. 291

LAWS OF MARYLAND

(2)  The Administration shall set the hearing for a
date within 30 days of the driver's detention. However, the
hearing may be held at any other time on agreement   of the driver
and the Administration.

(3)  At the hearing, the driver may present evidence
about the driver's refusal to take the test and may be
represented by an attorney.

(4)   [After] SUBJECT TO PARAGRAPHS (5), (6), (7), AND
(8) OF THIS SUBSECTION, AFTER the hearing, the Administration
shall suspend the driver's license or privilege to drive if the
Administration determines that the driver was charged as set
forth in subsection (b) or (c) of this section and refused to
take a chemical test for alcohol. [Failure of the driver to
attend the hearing is prima facie evidence of the driver's.
inability to answer the sworn statement of the police officer,
and the Administration summarily shall suspend the driver's
license or privilege to drive.] The suspension imposed may be
not less than 60 days nor more than 6 months for a first offense
and may not be less than 120 days nor more than 1 year for a
second or subsequent offense.

(5)   [The] AFTER SUSPENDING THE DRIVER'S LICENSE UNDER
PARAGRAPH (4) OF THIS SUBSECTION, THE Administration may modify
[this] THE suspension or issue a restrictive license if:

(i) The licensee is required to drive a motor
vehicle in the course of employment;

(ii) The license is required for the purpose of
attending an alcoholic prevention or treatment program; or

(iii) It finds that the licensee has no

alternative means of transportation available and without the

license, the licensee's ability to earn a living would be
severely impaired.

(6)   IF THE DRIVER IS LICENSED TO DRIVE A COMMERCIAL
MOTOR VEHICLE, THE ADMINISTRATION SHALL DISQUALIFY THE DRIVER
FROM DRIVING A COMMERCIAL MOTOR VEHICLE IF THE DRIVER:

(I)  WAS DETAINED WHILE DRIVING A COMMERCIAL
MOTOR VEHICLE;

(II)  WAS CHARGED AS SET FORTH IN SUBSECTIONS
(B) AND (C) SUBSECTION (B) OR (C) OF THIS SECTION; AND

(III)  REFUSED TO TAKE A CHEMICAL TEST FOR
ALCOHOL.

(7) IF THE DRIVER IS DETAINED WHILE DRIVING A

COMMERCIAL MOTOR VEHICLE AND THE POLICE OFFICER HAD REASONABLE

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