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S.B. 352
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VETOES
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Article - Transportation
16-205.
(d) The Administration [may] SHALL suspend for [not more than 120 days] 1
YEAR the license of any person who, within a [3-year] 5-YEAR period, is convicted
under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle
while impaired by alcohol or while so far impaired by any drug, any combination of
drugs, or a combination of one or more drugs and alcohol that the person cannot drive
a motor vehicle safely and who was previously convicted of a violation under:
(1) § 21-902(a) of this article of driving or attempting to drive a motor
vehicle while under the influence of alcohol or while under the influence of alcohol per
se;
(2) § 21-902(b) of this article of driving or attempting to drive a motor
vehicle while impaired by alcohol;
(3) § 21-902(e) of this article of driving or attempting to drive a motor
vehicle while so far impaired by any drug, any combination of drugs, or a combination
of one or more drugs and alcohol that the person cannot drive a motor vehicle safely;
or
(4) § 21-902(d) of this article of driving or attempting to drive a motor
vehicle while impaired by a controlled dangerous substance.
(E) (1) IN THIS SUBSECTION, "MOTOR VEHICLE" DOES NOT INCLUDE A
COMMERCIAL MOTOR VEHICLE.
(2) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, THE
ADMINISTRATION SHALL SUSPEND FOR I YEAR THE LICENSE OF A PERSON WHO IS
CONVICTED OF A VIOLATION OF § 21-902(A) OF THIS ARTICLE MORE THAN ONCE
WITHIN A 5-YEAR PERIOD.
(3) ON RECEIVING A RECORD OF A CONVICTION OF A PERSON FOR A
VIOLATION OF § 21-902(A) OF THIS ARTICLE MORE THAN ONCE WITHIN A 5-YEAR
PERIOD, THE ADMINISTRATION SHALL ISSUE TO THE PERSON A NOTICE OF
SUSPENSION OF THE PERSON'S LICENSE THAT:
(I) STATES THAT THE PERSON'S LICENSE SHALL BE SUSPENDED
FOR 1 YEAR; AND
(II) ADVISES THE PERSON OF THE RIGHT TO REQUEST A HEARING
UNDER THIS PARAGRAPH.
(4) AFTER NOTICE UNDER PARAGRAPH (3) OF THIS SUBSECTION THE
ADMINISTRATION SHALL SUSPEND A PERSON'S LICENSE UNDER THIS SUBSECTION
IF:
(I) THE PERSON DOES NOT REQUEST A HEARING;
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- 4534 -
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