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VETOES
and may not be less than 120 days nor more than 1 year for a
second or subsequent offense.
(5) [The] AFTER SUSPENDING THE DRIVER'S LICENSE UNDER
PARAGRAPH (4) OF THIS SUBSECTION, THE Administration may modify
[this] THE suspension or issue a restrictive license if:
(i) The licensee is required to drive a motor
vehicle in the course of employment;
(ii) The license is required for the purpose of
attending an alcoholic prevention or treatment program; or
(iii) It finds that the licensee has no
alternative means of transportation available and without the
license, the licensee's ability to earn a living would be
severely impaired.
(6) IF THE DRIVER IS LICENSED TO DRIVE A COMMERCIAL
MOTOR VEHICLE, THE ADMINISTRATION SHALL DISQUALIFY THE DRIVER
FROM DRIVING A COMMERCIAL MOTOR VEHICLE IF THE DRIVER:
(I) WAS DETAINED WHILE DRIVING A COMMERCIAL
MOTOR VEHICLE;
(II) WAS CHARGED AS SET FORTH IN SUBSECTIONS
(B) AND (C) SUBSECTION (B) OR (C) OF THIS SECTION; AND
(III) REFUSED TO TAKE A CHEMICAL TEST FOR
ALCOHOL.
(7) IF THE DRIVER IS DETAINED WHILE DRIVING A
COMMERCIAL MOTOR VEHICLE AND 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 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 (4) 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,
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