WILLIAM DONALD SCHAEFER, Governor

IN VIOLATION OF 49 CFR § 92.5, OR IN VIOLATION OF § 16-813 OF
THIS TITLE;----------------------------------------------------------

(III) THE POLICE OFFICER DID NOT HAVE
REASONABLE GROUNDS TO BELIEVE THE DRIVER WAS DRIVING WHILE
INTOXICATED, OR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL; AND

(IV) THE DRIVER REFUSED TO TAKE A CHEMICAL TEST
FOR ALCOHOL.

(8)  (I) A DISQUALIFICATION IMPOSED UNDER PARAGRAPH
(6) OR (7) OF THIS SUBSECTION SHALL BE FOR A PERIOD OF 1 YEAR FOR
A FIRST OFFENSE, 3 YEARS FOR A FIRST OFFENSE WHICH OCCURS WHILE
TRANSPORTING HAZARDOUS MATERIAL REQUIRED TO BE PLACARDED, AND
LIFE FOR A SECOND OR SUBSEQUENT OFFENSE WHICH OCCURS WHILE
OPERATING ANY COMMERCIAL MOTOR VEHICLE.

(II)  A DISQUALIFICATION OF A COMMERCIAL
DRIVER'S LICENSE IS NOT SUBJECT TO ANY MODIFICATIONS, NOR MAY A
RESTRICTED COMMERCIAL DRIVER'S LICENSE BE ISSUED IN LIEU OF A
DISQUALIFICATION.

(III)  A DISQUALIFICATION FOR LIFE MAY BE
REDUCED IF PERMITTED BY § 16-812(D) OF THIS SUBTITLE TITLE.

(9)  FAILURE OF THE DRIVER TO ATTEND A HEARING UNDER
THIS SECTION IS PRIMA FACIE EVIDENCE OF THE DRIVER'S INABILITY TO
ANSWER THE SWORN STATEMENT OF THE POLICE OFFICER, AND THE
ADMINISTRATION SUMMARILY SHALL:

(I)  SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE
TO DRIVE; AND

(II)  IF THE DRIVER IS DETAINED IN A COMMERCIAL
MOTOR VEHICLE, DISQUALIFY THE DRIVER FROM DRIVING A COMMERCIAL
MOTOR VEHICLE.

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

16-208.1.

(A) IN ADDITION TO ANY SUSPENSIONS OR REVOCATIONS OF AN
INDIVIDUAL'S LICENSE OR PRIVILEGE TO DRIVE PROVIDED FOR IN THIS
TITLE, IF THE INDIVIDUAL HOLDS A CLASS A, B, C, OR D LICENSE
ISSUED UNDER § 16-104 OF THIS TITLE, THE ADMINISTRATION SHALL
DISQUALIFY THE INDIVIDUAL FROM OPERATING A COMMERCIAL MOTOR
VEHICLE IF THE CONVICTIONS RESULTED FROM AN OFFENSE INVOLVING A
COMMERCIAL MOTOR VEHICLE AND THE OFFENSES WOULD SUBJECT THE
INDIVIDUAL TO DISQUALIFICATION UNDER § 16-812 OF THIS TITLE.

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