WILLIAM DONALD SCHAEFER, Governor

1.   THE POLICE OFFICER WHO STOPS OR
DETAINS THE PERSON HAD REASONABLE GROUNDS TO BELIEVE THE PERSON
WAS DRIVING OR ATTEMPTING TO DRIVE WHILE INTOXICATED, WHILE UNDER
THE INFLUENCE OF ALCOHOL, OH. IN VIOLATION OF AN ALCOHOL
RESTRICTION;

2.   THERE WAS EVIDENCE OF ALCOHOL
CONSUMPTION;

3.   THE POLICE OFFICER REQUESTED A TEST TO
DETERMINE ALCOHOL CONCENTRATION AFTER THE PERSON WAS FULLY
ADVISED OF THE ADMINISTRATIVE SANCTIONS THAT SHALL BE IMPOSED;
AND

4.  A. THE PERSON REFUSED TO TAKE A TEST
TO DETERMINE ALCOHOL CONCENTRATION; OR

B. A TEST TO DETERMINE ALCOHOL
CONCENTRATION WAS TAKEN AND THE TEST RESULT INDICATED AN ALCOHOL
CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING.

(II) IN THE ABSENCE OF A COMPELLING REASON FOR
FAILURE TO ATTEND THE HEARING, FAILURE OF A PERSON TO ATTEND THE
HEARING IS PRIMA FACIE EVIDENCE OF THE PERSON'S INABILITY TO
ANSWER THE SWORN STATEMENT OF THE POLICE OFFICER OR THE TEST
TECHNICIAN OR ANALYST, AND THE ADMINISTRATION SUMMARILY SHALL
SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE.---------------

(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
45 DAYS; OR

B. FOR A SECOND OR SUBSEQUENT OFFENSE, A
SUSPENSION FOR 90 DAYS; OR-----------------------------------------

2. FOR A TEST REFUSAL:

A. FOR A FIRST OFFENSE, A SUSPENSION FOR
120 DAYS; OR                         --------------------------------------------

B. FOR A SECOND OR SUBSEQUENT OFFENSE, A
SUSPENSION FOR 1 YEAR. --------------------------------------------

(g) If the Administration imposes a suspension after a
hearing, the [individual] PERSON whose license or privilege to
drive has been suspended may appeal the final order of suspension
as provided in Title 12, Subtitle 2 of this article.

- 4643 -