Ch. 407

1993 LAWS OF MARYLAND

(8) (i) After a hearing, the Administration shall suspend the driver's
license or privilege to drive of the person charged under subsection (b) or (c) of this
section if:

1. The police officer who stopped or detained the 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.       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.       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; and

4.       A. The person refused to take the test; 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) After a hearing, the administration shall disqualify the person from
driving a commercial motor vehicle if:

1.       The person was detained while operating a commercial
motor vehicle;

2.       The police officer who stopped or detained the person had
reasonable grounds to believe that 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;

3.   . 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;

4.       The police officer requested a test after the person was fully
advised of the administrative sanctions that shall be imposed; and

5.       The person refused to take the test.

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