WILLIAM DONALD SCHAEFER, Governor Ch. 291

GROUNDS TO BELIEVE THE DRIVER WAS IN VIOLATION OF AN ALCOHOL
RESTRICTION, IN VIOLATION OF 49 CFR § 392.5, OR IN VIOLATION OF §
16-813 OF THIS ARTICLE BUT THE POLICE OFFICER DID NOT HAVE
REASONABLE GROUNDS TO BELIEVE THE DRIVER WAS DRIVING WHILE
INTOXICATED, OR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, THE
ADMINISTRATION SHALL DISQUALIFY THE DRIVER IN ACCORDANCE WITH
PARAGRAPH (6) OF THIS SUBSECTION, BUT MAY NOT IMPOSE A SUSPENSION
UNDER PARAGRAPH (4) OF THIS SUBSECTION.

(7) IF THE DRIVER IS LICENSED TO DRIVE A COMMERCIAL
MOTOR VEHICLE, THE ADMINISTRATION SHALL DISQUALIFY THE DRIVER IN
ACCORDANCE WITH PARAGRAPH (6) OF THIS SUBSECTION, BUT MAY NOT
IMPOSE A SUSPENSION UNDER PARAGRAPH (4) OF THIS SUBSECTION, IF:

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

(II) THE POLICE OFFICER HAD REASONABLE GROUNDS
TO BELIEVE THE DRIVER WAS IN VIOLATION OF AN ALCOHOL RESTRICTION,
IN VIOLATION OF 49 CFR § 392.5, OR IN VIOLATION OF § 16-813 OF
THIS TITLE;

(III) THE POLICE OFFICER DID NOT HAVE
REASONABLE GROUNDS TO BELIEVE THE DRIVER WAS DRIVING WHITE
INTOXICATED OR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL; AND

(IV) THE DRIVER REFUSED TO TAKE A CHEMICAL TEST
FOR ALCOHOL.

(8)  (I) A DISQUALIFICATION IMPOSED UNDER PARAGRAPH
(6) OR (7) OF THIS SUBSECTION SHALL BE FOR A PERIOD OF 1 YEAR FOR
A FIRST OFFENSE, 3 YEARS FOR A FIRST OFFENSE WHICH OCCURS WHILE
TRANSPORTING HAZARDOUS MATERIAL REQUIRED TO BE PLACARDED, AND
LIFE FOR A SECOND OR SUBSEQUENT OFFENSE WHICH OCCURS WHILE
OPERATING ANY COMMERCIAL MOTOR VEHICLE.

(II)  A DISQUALIFICATION OF A COMMERCIAL
DRIVER'S LICENSE IS NOT SUBJECT TO ANY MODIFICATIONS, NOR MAY A
RESTRICTED COMMERCIAL DRIVER'S LICENSE BE ISSUED IN LIEU OF A
DISQUALIFICATION.

(III)  A DISQUALIFICATION FOR LIFE MAY BE
REDUCED IF PERMITTED BY § 16-812(D) OF THIS SUBTITLE TITLE.

(9)  FAILURE OF THE DRIVER TO ATTEND A HEARING UNDER
THIS SECTION IS PRIMA FACIE EVIDENCE OF THE DRIVER'S INABILITY TO
ANSWER THE SWORN STATEMENT OF THE POLICE OFFICER, AND THE
ADMINISTRATION SUMMARILY SHALL:

(I) SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE
TO DRIVE; AND

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