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Session Laws, 2002
Volume 800, Page 4540   View pdf image
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S.B. 352
VETOES
(ii) For a second conviction at least 5 years after the date of the
first conviction, not more than 9 months[;].
(3) THE FOLLOWING SUSPENSION PERIODS SHALL APPLY TO A
SUSPENSION FOR AN ACCUMULATION OF POINTS UNDER § 16-402(A)(24) OF THIS
SUBTITLE FOR A CONVICTION UNDER § 21-902(B) OR (C) OF THIS ARTICLE OR A
SUSPENSION IMPOSED UNDER § 16-404.1(B)(4)(III) OF THIS SUBTITLE
; [(iii)](I) For a second conviction less than 5 years after the date of
the first conviction UNDER
§ 21-902 OF THIS ARTICLE or for a third conviction UNDER
§ 21-902 OF THIS ARTICLE, [not more than] 12 months; and
[(iv)](II) For a fourth or subsequent conviction UNDER § 21-902 OF
THIS ARTICLE, not LESS THAN 12 MONTH
S NOR more than 24 months. [(3)](4) [The] SUBJECT TO PARAGRAPH (6) OF THIS SUBSECTION, THE
Administration may issue a restrictive license for the period of the suspension to an
individual who participates
in the Administration's Ignition Interlock System
Program under
§ 16-404.1 of this subtitle. [(4)](5) [This] SUBJECT TO PARAGRAPH (6) OF THIS SUBSECTION, THIS
subsection does not limit the authority of the Administration to issue a restrictive
license or modify a suspension imposed under this subsection.
(6) THE ADMINISTRATION MAY NOT ISSUE A RESTRICTIVE LICENSE OR
MODIFY A SUSPENSION DURING A MANDATORY PERIOD OF SUSPENSION DESCRIBED
UNDER PARAGRAPH (3) OF THIS SUBSECTION.
(7) IF THE SUSPENSION OR REVOCATION IS DUE TO A SECOND OR
SUBSEQUENT CONVICTION LESS THAN 5 YEARS FROM THE DATE OF THE FIRST
CONVICTION UNDER § 21-902 OF THIS
ARTICLE, RESTORATION OF THE INDIVIDUAL'S
DRIVING PRIVILEGE SHALL BE CONDITIONED ON THE INDIVIDUAL'
S MAINTENANCE
OF AN IGNITION INTERLOCK SYSTEM FOR NOT LESS THAN 13 MONTHS ON ALL
VEHICLES OWNED OR OPERATED BY THE INDIVIDUAL.
16-404.1. (e) (1) For purposes of an ignition interlock system used under § 16-205(E)
OF THIS TITLE, this section for under], OR a court order under §
27-107 of this
article, the Administration shall permit only the use of an ignition interlock system
that meets or exceeds the technical standards for breath alcohol ignition interlock
devices published in the Federal Register from time to time.
16-405. (a) Except as provided in § 16-205.1 §§ 16-205(E) AND 16-205.1 of this title AND
SUBSECTION (B) OF THIS SECTION, if the suspension or revocation of a license would
affect adversely the employment or opportunity for employment of a licensee, the
hearing officer may: (1) Decline to order the suspension or revocation; or (2) Cancel or modify the suspension or revocation.
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Session Laws, 2002
Volume 800, Page 4540   View pdf image
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