WILLIAM DONALD SCHAEFER, Governor                         Ch. 407

3. The person was fully advised of the administrative sanctions
that shall be imposed AND OF THE CIRCUMSTANCES UNDER WHICH THE
ADMINISTRATION MAY MODIFY A SUSPENSION OR ISSUE A RESTRICTIVE LICENSE.

(4) IF THE OFFICER ADVISES A PERSON OF THE PERSON'S RIGHTS
UNDER THIS SECTION IN WRITING:

(I) THE DESCRIPTION OF THE CIRCUMSTANCES UNDER WHICH
THE ADMINISTRATION MAY MODIFY A SUSPENSION OR ISSUE A RESTRICTIVE
LICENSE SHALL BE PRINTED IN BOLD TYPE; AND

(II) THE FORM SHALL CONTAIN A LINE FOR THE PERSON TO SIGN
THE FORM AND A LINE TO INITIAL THE FORM WHERE THE DESCRIPTION OF THE
CIRCUMSTANCES UNDER WHICH THE ADMINISTRATION MAY MODIFY A
SUSPENSION OR ISSUE A RESTRICTIVE LICENSE IS CONTAINED, INCLUDING THE FACT
THAT A PERSON WHO REFUSES TO TAKE THE TEST IS INELIGIBLE FOR MODIFICATION OF
A SUSPENSION OR ISSUANCE OF A RESTRICTIVE LICENSE.

(f) (7) (i) At a hearing under this section, the person has the rights described
in § 12-206 of this article, but at the hearing the only issues shall be:

1.       Whether the police officer who stops or detains a person had
reasonable grounds to believe the person was driving or attempting to drive while
intoxicated, while under the influence of alcohol, while so far under the influence of any
drug, any combination of drugs, or a combination of one or more drugs and alcohol that
the person could not drive a vehicle safely, while under the influence of a controlled
dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of
this title;

2.       Whether there was evidence of the use by the person of
alcohol, any drug, any combination of drugs, a combination of one or more drugs and
alcohol, or a controlled dangerous substance;

3.       Whether the police officer requested a test after the person
was fully advised of the administrative sanctions that shall be imposed AND OF THE
CIRCUMSTANCES UNDER WHICH THE ADMINISTRATION MAY MODIFY A
SUSPENSION OR ISSUE A RESTRICTIVE LICENSE, INCLUDING THE FACT THAT A
PERSON WHO REFUSES TO TAKE THE TEST IS INELIGIBLE FOR MODIFICATION OF A
SUSPENSION OR ISSUANCE OF A RESTRICTIVE LICENSE;

4.       Whether the person refused to take the test;

5.       Whether the person drove or attempted to drive a motor
vehicle while having an alcohol concentration of 0.10 or more at the time of testing; or

6.       If the hearing involves disqualification of a commercial
driver's license, whether the person was operating a commercial motor vehicle.

(ii) The sworn statement of the police officer and of the test technician
or analyst shall be prima facie evidence of a test refusal or a test resulting in an alcohol
concentration of 0.10 or more at the time of testing.

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