WILLIAM DONALD SCHAEFER, Governor

qualified medical person to withdraw blood for a chemical test
for alcohol to determine the alcohol [content] CONCENTRATION of
the individual's blood.

(2) If an individual regains consciousness or
otherwise becomes capable of refusing before the taking of a
chemical test to determine the alcohol [content] CONCENTRATION of
the individual's blood, the police officer shall follow the
procedure set forth in subsection (b) or (c) of this section.

(e)  (1) The chemical tests for alcohol may be administered
by an individual who has been examined and is certified by the
Maryland State Police as sufficiently equipped and trained to
administer the tests.

(2) The Maryland State Police may adopt rules and
regulations for the examination and certification of individuals
trained to administer chemical tests for alcohol.

(f)  (1) On receipt of the sworn statement of a police
officer filed under subsection (b) or (c) of this section, the
Administration shall give reasonable notice to the driver, in
accordance with Title 12, Subtitle 2 of this article, to attend a
hearing on a date specified in the notice and show cause why:

(I)   [the] THE driver's license or privilege to
drive should not be suspended; AND

(II)  IF THE DRIVE:. WAS DETAINED IN A COMMERCIAL
MOTOR VEHICLE, WHY THE DRIVER SHOULD NOT BE DISQUALIFIED FROM
DRIVING A COMMERCIAL MOTOR VEHICLE.

(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

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