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Ch. 110
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2002 LAWS OF MARYLAND
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(2) A person who is convicted of a SECOND violation of § 21-902[(a)] of
this article within [3] 5 years after a prior conviction under that [subsection]
SECTION is subject to a mandatory minimum penalty of:
(i) Imprisonment for not less than [48 consecutive] 120 hours 5
DAYS; or
(ii) Community service for not less than [80 hours] 30 DAYS AS A
MANDATORY CONDITION OF PROBATION OR A SUSPENDED SENTENCE OF NOT LESS
THAN 5 DAYS.
(3) A PERSON WHO IS CONVICTED OF A THIRD OR SUBSEQUENT
OFFENSE UNDER § 21-902 § 21-902(A) OF THIS ARTICLE WITHIN 5 YEARS AFTER A
PRIOR CONVICTION OF ANY OFFENCE UNDER THAT SECTION IS SUBJECT TO A
MANDATORY MINIMUM PENALTY OF;
(I) IMPRISONMENT FOR NOT LESS THAN 10 DAYS; OR
(II) COMMUNITY SERVICE FOR NOT LESS THAN 60 DAYS AS A
MANDATORY CONDITION OF PROBATION OR A SUSPENDED SENTENCE OF NOT LESS
THAN 10 DAYS.
(4) A PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT AN
OFFENSE UNDER § 21-902 § 21-902(A) OF THIS ARTICLE WITHIN 5 YEARS OF A PRIOR
CONVICTION OF ANY OFFENSE UNDER THAT SECTION SUBSECTION SHALL BE
REQUIRED BY THE COURT TO:
(I) UNDERGO A COMPREHENSIVE DRUG AND ALCOHOL ABUSE
ASSESSMENT; AND
(II) IF RECOMMENDED AT THE CONCLUSION OF THE ASSESSMENT,
PARTICIPATE IN A DRUG OR AN ALCOHOL PROGRAM CERTIFIED BY THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE AS ORDERED BY THE COURT.
[(3)] (5) The penalties provided by this subsection are mandatory and
are not subject to suspension or probation BEFORE JUDGMENT UNDER § 6-220 OF THE
CRIMINAL PROCEDURE ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding the
provisions of § 16-205(e) of the Transportation Article, the Motor Vehicle
Administration may modify a suspension imposed under that subsection and issue a
restrictive license or modify any ignition interlock, system maintenance requirement
or both to the extent that enactment of any amendments to 23 U.S.C. § 154, § 164, or
enactment of any other federal statute or adoption of any federal regulation, allows a
state statute to include that authority to modify a suspension and issue a restrictive
license or modify any ignition interlock maintenance requirement or both.
SECTION 3. AND BE IT FURTHER ENACTED, That the Motor Vehicle
Administration shall certify to the General Assembly and the Office of Administrative
Hearings whether any federal statute enacted or regulation adopted on or after April
1, 2002, satisfies the contingency described in Section 2 of this Act.
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- 1346 -
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