WILLIAM DONALD SCHAEFER, Governor
2. FOR A TEST REFUSAL:

A.  FOR A FIRST OFFENSE, SUSPEND THE
PERSON'S DRIVING PRIVILEGE FOR 6 MONTHS 120 DAYS; OR

B.  FOR A SECOND OR SUBSEQUENT OFFENSE,
SUSPEND THE PERSON'S DRIVING PRIVILEGE FOR 1 YEAR.

(2)  Except as provided in subsection (c) of this
section, if a police officer stops or detains any [individual]
PERSON 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, WHILE
UNDER THE INFLUENCE OF DRUGS OR DRUGS AND ALCOHOL, WHILE UNDER
THE INFLUENCE OF A CONTROLLED DANGEROUS SUBSTANCES, or in
violation of an alcohol restriction, and who is not unconscious
or otherwise incapable of refusing to take a [chemical] test for
alcohol OR DRUBS OR BOTH, the police officer shall:

(i) Detain the [individual] PERSON;

(ii) Request that the [individual] PERSON
permit a [chemical] test OR TESTS to be taken of the
[individual's] PERSON'S blood [or] breath, URINE, OR OTHER BODY
FLUIDS to determine the [alcoholic content] ALCOHOL CONCENTRATION
OR DRUG CONTENT of the [individual's blood] PERSON'S BODY; AND

(iii) Advise the [individual] PERSON of the
administrative [penalties] SANCTIONS that shall be imposed for
refusal to take the test OR TESTS AND FOR TEST RESULTS
INDICATING AN ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE TIME
OF TESTING. [; 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; 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.]

(3)  IF THE PERSON REFUSES TO TAKE THE TEST OR TESTS
OR TAKES A TEST FOR ALCOHOL WHICH RESULTS IN AN ALCOHOL

- 4635 -