WILLIAM DONALD SCHAEFER, Governor
(III) THE SUSPENSION IMPOSED SHALL BE 1 YEAR
FOR A TEST REFUSAL AND 120 DAYS FOR A TEST RESULT INDICATING AN
ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING.
(III) THE SUSPENSION IMPOSED SHALL BE:
1. FOR A TEST RESULT INDICATING AN
ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING:
A. FOR A FIRST OFFENSE, A SUSPENSION FOR
60 DAYS; OR
B. FOR A SECOND OR SUBSEQUENT OFFENSE, A
SUSPENSION FOR 120 DAYS; OR
2. FOR A TEST REFUSAL:
A. FOR A FIRST OFFENSE, A SUSPENSION FOR
6 MONTHS; OR
B. FOR A SECOND OR SUBSEQUENT OFFENSE, A
SUSPENSION FOR 1 YEAR.
(II) SUBJECT TO THE PROVISIONS OF THIS
PARAGRAPH, A POSTPONEMENT OF A HEARING UNDER THIS SECTION DOES
NOT EXTEND THE PERIOD FOR WHICH THE PERSON IS AUTHORIZED TO DRIVE
AND THE SUSPENSION SHALL BECOME EFFECTIVE ON THE EXPIRATION OF
THE 45-DAY PERIOD.
(III) A POSTPONEMENT OF A HEARING SHALL EXTEND
THE PERIOD FOR WHICH THE PERSON IS AUTHORIZED TO DRIVE IF:
1. BOTH THE PERSON AND THE ADMINISTRATION
AGREE TO THE POSTPONEMENT;
2. THE ADMINISTRATION CANNOT PROVIDE A
HEARING WITHIN THE PERIOD REQUIRED UNDER THIS SUBSECTION; OR
3. UNDER CIRCUMSTANCES IN WHICH THE
PERSON MADE A REQUEST, WITHIN 10 DAYS OF THE DATE THAT THE ORDER
OF SUSPENSION WAS SERVED UNDER THIS SECTION, FOR THE ISSUANCE OF
A SUBPOENA UNDER § 12-108 OF THIS ARTICLE EXCEPT AS TIME LIMITS
ARE CHANGED BY THIS SUBSECTION:-------------------------------------
A. THE SUBPOENA WAS NOT ISSUED BY THE
ADMINISTRATION;
B. AN ADVERSE WITNESS FOR WHOM THE
SUBPOENA WAS REQUESTED, AND ON WHOM THE SUBPOENA WAS SERVED NOT
LESS THAN 5 DAYS BEFORE THE HEARING, FAILS TO COMPLY WITH THE
SUBPOENA AT AN INITIAL OR SUBSEQUENT HEARING HELP WITHIN THE
45-DAY PERIOD; OR---------------------------------------------------
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