Maryland Law

§ 10-302. Chemical test for alcohol, drug or controlled dangerous substance content - Purpose.

In a prosecution for a violation of a law concerning a person who is driving or attempting to drive a vehicle in violation of § 16-113, § 16-813, or § 21-902 of the Transportation Article, or in violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, a test of the person's breath or blood may be administered for the purpose of determining alcohol concentration and a test or tests of 1 specimen of the person's blood may be administered for the purpose of determining the drug or controlled dangerous substance content of the person's blood. 

[An. Code 1957, art. 35, § 100; 1973, 1st Sp. Sess., ch. 2, § 1; 1977, ch. 14, § 6; ch. 164, § 3; 1980, ch. 41; 1986, ch. 369; 1989, ch. 284; 1990, chs. 11, 413; 1996, ch. 427, § 2; 2000, ch. 629; 2002, ch. 213, § 6.]  

 

§ 11-103.1. Alcohol.
 

"Alcohol" means any substance or substances containing any form of alcohol, including ethanol, methanol, propynol, and isopropynol. 
 

[1989, ch. 291, § 2.] 

 

§ 11-103.2. Alcohol concentration.
 

(a)  Alcohol concentration.- "Alcohol concentration" means: 

(1) The number of grams of alcohol per 100 milliliters of blood; or 

(2) The number of grams of alcohol per 210 liters of breath. 

(b)  Measurements.- If the alcohol concentration is indicated in the number of milligrams of alcohol per deciliter of blood or the number of milligrams of alcohol per 100 milliliters of blood, a court or an administrative law judge, as the case may be, shall convert the measurement into the number of grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000. 
 

[1989, ch. 291, § 2; 1998, ch. 457.]

 

§ 11-174.1. Under the influence of alcohol per se.
 

(a)  Under the influence of alcohol per se.- "Under the influence of alcohol per se" means having an alcohol concentration at the time of testing of 0.08 or more as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. 

(b)  Measurements.- If the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court or an administrative law judge, as the case may be, shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000. 
 

[1996, ch. 652, § 2; 1998, ch. 457; 2001, chs. 4, 5; 2005, ch. 25, § 4.] 

 

§ 13-705.1. Suspension of registration for driving when driver's license suspended or revoked.
 

(a)  Authorized.- If a person is convicted of driving or attempting to drive a motor vehicle while the driver's license of the person is suspended or revoked for a violation of § 21-902 or § 16-205.1 of this article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article, the Administration may, after a hearing, suspend, for not more than 120 days, the registration of the motor vehicle. 

(b)  Restrictions.- The Administration may not suspend the registration of the motor vehicle if: 

(1) The motor vehicle was operated by anyone other than the registered owner with his implied or express consent, and the registered owner neither knew nor should have known that the driver's license of the operator was suspended or revoked for a violation of § 21-902 or § 16-205.1 of this article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article; or 

(2) The motor vehicle was operated by anyone other than the registered owner without his implied or express consent; or 

(3) The motor vehicle is used as a common carrier or vehicle for hire and the owner or other person in charge of the vehicle was not a consenting party or privy to the unlawful action of the operator of the motor vehicle; or 

(4) The motor vehicle was operated after being obtained by the violator through duress or coercion from an owner or co-owner who is a member of the immediate family of the violator. 

(c)  Burden of proof.- The Administration shall bear the burden of proving that the registered owner knew or should have known that the driver's license of the operator of the vehicle was suspended or revoked for a violation of § 21-902 or § 16-205.1 of this article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article. 
 

[1982, ch. 94; 1983, chs. 8, 288; 1989, ch. 284; 1992, ch. 22, § 1; 1997, ch. 14, § 1; 2002, ch. 213, § 6; 2005, ch. 25,  § 13.]  

 

§ 16-103.1. Persons not to be licensed - Disqualifications.
 

The Administration may not issue a driver's license to an individual: 

(1) During any period for which the individual's license to drive is revoked, suspended, refused, or canceled in this or any other state, unless the individual is eligible for a restricted license under § 16-113 (e) of this subtitle; 

(2) Who is an habitual drunkard, habitual user of narcotic drugs, or habitual user of any other drug to a degree that renders the individual incapable of safely driving a motor vehicle; 

(3) Who previously has been adjudged to be suffering from any mental disability or mental disease and who, at the time of application, has not been adjudged competent; 

(4) Who is required by this title to take an examination, unless the individual has passed the examination; 

(5) Whose driving of a motor vehicle on the highways the Administration has good cause to believe would be inimical to public safety or welfare; 

(6) Who is unable to exercise reasonable control over a motor vehicle due to disease or a physical disability, including the loss of an arm or leg or both, except that, if the individual passes the examination required by this title, the Administration may issue the individual a restricted license requiring the individual to wear a workable artificial limb or other similar body attachment; 

(7) Who is unable to understand highway warning or direction signs written in the English language; 

(8) Who is unable to sign the individual's name for identification purposes; 

(9) Who is 70 years old or older and applying for a new license, unless the applicant presents to the Administration: 

(i) Proof of the individual's previous satisfactory operation of a motor vehicle; or 

(ii) A written certification acceptable to the Administration from a licensed physician attesting to the general physical and mental qualifications of the applicant; 

(10) Who does not provide satisfactory documentary evidence of lawful status; 

(11) Who does not provide: 

(i) Satisfactory documentary evidence that the applicant has a valid Social Security number by presenting the applicant's Social Security Administration account card or, if the Social Security Administration account card is not available, any of the following documents bearing the applicant's Social Security number: 

1. A current W-2 form; 

2. A current SSA-1099 form; 

3. A current non-SSA-1099 form; or 

4. A current pay stub with the applicant's name and Social Security number on it; or 

(ii) Satisfactory documentary evidence that the applicant is not eligible for a Social Security number; or 

(12) Who otherwise does not qualify for a license under this title. 
 

[An. Code 1957, art. 661/2, § 6-103; 1977, ch. 14, § 2; 1992, ch. 376; 1993, ch. 209; 1998, ch. 21, § 1; ch. 483; 2009, ch. 390, § 2.] 
 

§ 16-113. Restricted licenses.
 

(a)  Authority to issue.-  

(1) In addition to the vision and other restrictions provided for in this subtitle, when it issues a driver's license, the Administration for good cause may impose on the licensee: 

(i) Any restrictions suitable to the licensee's driving ability with respect to the type of special mechanical control devices required on motor vehicles that the licensee may drive; 

(ii) An alcohol restriction which prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee's blood; and 

(iii) Any other restrictions applicable to the licensee that the Administration determines appropriate to assure the safe driving of a motor vehicle by the licensee. 

(2) An alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee's blood may, as described in subsections (b) and (g) of this section, include a restriction that prohibits the licensee from driving or attempting to drive a motor vehicle unless the licensee is a participant in the Ignition Interlock System Program established under § 16-404.1 of this title. 

(b)  Licensees under age of 21.-  

(1) Notwithstanding the licensee's driving record, the Administration shall impose on each licensee under the age of 21 years an alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee's blood. 

(2) An alcohol restriction imposed under this subsection expires when the licensee reaches the age of 21 years. 

(3) This subsection may not be construed or applied to limit: 

(i) The authority of the Administration to impose on a licensee an alcohol restriction described in subsection (a) (2) of this section; or 

(ii) The application of any other provision of law that prohibits consumption of an alcoholic beverage by an individual under the age of 21 years. 

(4) An individual under the age of 21 years who is convicted of a violation of § 21-902 (a), (b), or (c) of this article may be required, for a period of not more than 3 years, to participate in the Ignition Interlock System Program in order to retain the individual's driver's license. 

(c)  Form; indication of restrictions.-  

(1) Subject to the provisions of paragraph (2) of this subsection, the Administration may: 

(i) Issue a special restricted license; or 

(ii) Set forth the restrictions on the usual license form. 

(2) The Administration shall indicate on the license of a licensee under the age of 21 years that an alcohol restriction has been imposed on the licensee under subsection (b) of this section. 

(d)  Provisional license.-  

(1) Notwithstanding the licensee's driving record, the Administration shall impose an hour restriction on a provisional driver's license issued to an applicant under the age of 18. 

(2) The restriction under this subsection shall limit the holder of a provisional license to driving unsupervised only between the hours of 5 a.m. and 12 midnight. 

(3) This subsection does not preclude the holder of a provisional license from driving between the hours of 12 midnight and 5 a.m. the following day if the licensee is: 

(i) Accompanied and supervised by a licensed driver who is at least 21 years old; 

(ii) Driving to or from or in the course of the licensee's employment; 

(iii) Driving to or from a school class or official school activity; 

(iv) Driving to or from an organized volunteer program; or 

(v) Driving to or from an opportunity to participate in an athletic event or related training session. 

(4) The hour restriction and the supervision requirement under this subsection expire on the date the holder of the provisional license turns 18 years of age. 

(d-1)  Restraint requirements on provisional driver's licenses.-  

(1) Notwithstanding the licensee's driving record, and subject to paragraph (2) of this subsection, the Administration shall impose a restriction on each provisional driver's license prohibiting the licensee from operating a motor vehicle if the driver and each passenger in the motor vehicle are not restrained by a seat belt or, in accordance with § 22-412.2 of this article, by a child safety seat. 

(2) It is not a violation of the restriction under paragraph (1) of this subsection if an individual covered by a medical exception under § 22-412.2 (f) or § 22-412.3 (d) and (e) of this article is not restrained. 

(3) The restrictions under paragraph (1) of this subsection expire on the date that the holder of a provisional license turns 18 years of age. 

(e)  "Maryland only" license.-  

(1) In addition to the other restrictions provided under this subtitle, the Administration may issue: 

(i) A driver's license that is valid only in the State of Maryland to an applicant who has been suspended in another jurisdiction as a result of failing to comply with the financial responsibility requirements of that jurisdiction; or 

(ii) A temporary driver's license that is valid only in the State of Maryland to an applicant for reinstatement of a suspended or revoked driver's license, renewal of a driver's license, or a duplicate or corrected driver's license if, at the time of application: 

1. The applicant's privilege to drive in another jurisdiction is revoked or suspended as a result of failing to comply with the licensing requirements of that jurisdiction for which a comparable violation in this State would not have resulted in revocation or suspension; 

2. The initial violation that led to the revocation or suspension did not occur within the preceding 5 years; 

3. The applicant is otherwise qualified to be licensed in this State; and 

4. The Administration determines that the applicant will be able to take any actions required by the other jurisdiction for reinstatement of the privilege to drive in that jurisdiction. 

(2) A temporary license issued under paragraph (1) of this subsection shall be valid for 90 days. 

(3) The Administration shall adopt regulations for the issuance of temporary licenses under paragraph (1) of this subsection. 

(f)  Suspension or revocation for violation of restriction.- After receiving satisfactory evidence of any violation of a restricted or provisional driver's license, the Administration may suspend or revoke the license. However, the licensee may request a hearing as provided for a suspension or revocation under Subtitle 2 of this title. 

(g)  Alcohol restriction; record of order not to drive or attempt to drive.-  

(1) The Administration shall impose an alcohol restriction under subsection (a) (1) (ii) of this section that prohibits an individual for a period of 3 years from driving or attempting to drive with alcohol in the individual's blood on any licensee who is convicted within 5 years of any combination of two or more violations under § 21-902 (a), (b), or (c) of this article. 

(2) If a circuit court or the District Court orders a licensee not to drive or attempt to drive a motor vehicle with alcohol in the licensee's blood or orders, under § 27-107 of this article, the licensee to participate in the Ignition Interlock System Program established under § 16-404.1 of this title, the Administration shall have the licensee's driving record and driver's license reflect that the court ordered restriction was imposed, and shall keep records of the order. 

(h)  Violation of restrictions - In general.- An individual may not drive a vehicle in any manner that violates any restriction imposed by the Administration in a restricted license issued to the individual. 

(i)  Violation of restrictions - Provisional licenses.- An individual may not drive a vehicle in any manner that violates any restriction imposed in a provisional license issued to the individual. 

(j)  Violation of restrictions - Alcohol in blood.- An individual may not drive or attempt to drive a motor vehicle with alcohol in the individual's blood in violation of a restriction. 
 

[An. Code 1957, art. 661/2, § 6-113; 1977, ch. 14, § 2; 1978, ch. 803; 1980, ch. 404, §§ 1, 2; 1985, chs. 404, 584; 1986, ch. 369; ch. 472, § 1; 1988, ch. 254; 1989, ch. 438; ch. 551, §§ 1, 2; 1991, ch. 335; 1993, ch. 308; 1996, ch. 10, § 1; ch. 394; 1998, chs. 483, 526; 1999, ch. 34, § 1; 2000, chs. 385, 629; 2001, chs. 6, 456; 2009, chs. 497, 498.] 

 

 

§ 16-205. Suspension or revocation on conviction of certain alcohol- or drug-related offenses.

(a)  Revocation for violation of § 21-902 of this article.- The Administration may revoke the license of any person who:  
  
(1) Is convicted under § 21-902(a) or (d) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by a controlled dangerous substance; or  
(2) Within a 3-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 vehicle safely and who was previously convicted of any combination of two or more violations under:  
  
(i) § 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;  
(ii) § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;  
(iii) § 21-902(c) 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 vehicle safely; or  
(iv) § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.  

(b)  Revocation for violation of Title 2, Subtitle 5 of the Criminal Law Article.- The Administration:  
  
(1) Shall revoke the license of any person who has been convicted, under Title 2, Subtitle 5 of the Criminal Law Article, of homicide by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance; and  
(2) May not issue a temporary license to drive for any person whose license has been revoked under item (1) of this subsection during an administrative appeal of the revocation.  
  
(c)  60-day suspension.- Subject to subsection (d-1) of this section, the Administration may suspend for not more than 60 days the license of any person who 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 vehicle safely.  
  
(d)  1-year suspension.-   
  
(1) Subject to subsection (d-1) and subsection (e) of this section, the Administration may suspend for not more than 1 year the license of any person who, within a 5-year period, is convicted of any violation of § 21-902 of this article after the person was previously convicted of any violation under § 21-902 of this article.  
(2) If requested by the person, the Administration may issue a restricted license for the period of a suspension to a person who participates in the Ignition Interlock System Program under § 16-404.1 of this title.  
(3) A suspension under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for the violation of § 21-902 of this article described in this subsection.  
  
(d-1)  Violations by person under 21 years of age.-   
  
(1) Notwithstanding subsections (c) and (d) of this section, for a person who is under the age of 21 years on the date of a violation of § 21-902 of this article, and who is subsequently convicted of the violation under § 21-902 of this article, the Administration shall suspend the person's license to drive for:  
  
(i) 1 year for a first conviction of § 21-902 of this article; and  
(ii) 2 years for a second or subsequent conviction of § 21-902 of this article.  
  
(2) A suspension imposed under this subsection shall:  
  
(i) Be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21-902 of this article described in this subsection; and  
(ii) Receive credit for any suspension period imposed under § 16-113(f) of this title or § 16-205.1 of this subtitle that arises out of the circumstances of the conviction for a violation of § 21-902 of this article described in this subsection.  
  
(3) (i) Subject to the provisions of this paragraph, a person may request on the record that a hearing on a suspension under this subsection and any other hearing on another suspension or revocation under this section, § 16-206(c)(3) or § 16-213 of this subtitle, or § 16-404 of this title that arises out of the circumstances of the conviction for a violation of § 21-902 of this article described in this subsection be consolidated.  
  
(ii) A person who requests consolidation of hearings under this paragraph shall waive on the record each applicable notice of right to request a hearing required under Title 12, Subtitle 1 or 2 of this article or Title 10, Subtitle 2 of the State Government Article that applies to the other suspensions or revocations arising out of the same circumstances.  
  
(iii) A hearing under this paragraph may not be postponed at the request of the person who requests consolidation of hearings under subparagraph (i) of this paragraph due to a consolidation of the hearings.  
 
(iv) Subject to the provisions of this paragraph, the Administration shall consolidate the hearings described in this paragraph unless the administrative law judge finds in writing that good cause exists not to consolidate the hearings.  
  
(e)  1-year suspension; hearing; notice.-   
  
(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 1 year the license of a person who is convicted of:  
  
(i) A violation of § 21-902(a) of this article more than once within a 5-year period;  
(ii) A violation of § 21-902(a) of this article within a 5-year period after the person was previously convicted of a violation of § 21-902(d) of this article; or  
(iii) A violation of § 21-902(d) of this article within a 5-year period after the person was previously convicted of a violation of § 21-902(a) of this article.  
  
(3) On receiving a record of a conviction of a person for a violation described in paragraph (2) of this subsection, 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;  
(ii) States that the period of the first 45 days of the 1-year period of suspension is not subject to modification by the Administration;  
(iii) States a restricted license may be issued for the remainder of the 1-year period of suspension if:  
  
1. The person maintains an ignition interlock system on a motor vehicle owned or operated by the person for the remainder of the 1-year period of suspension;  
2. The license is restricted to prohibit the person from driving a motor vehicle that is not equipped with an ignition interlock system;  
3. The license is restricted to permit the person to drive only to and from work, school, an alcohol treatment program, or an ignition interlock system service facility, if the person was convicted of a violation of § 21-902(a) of this article more than once within a 5-year period; and  
4. The license is restricted to permit the person to drive only to and from work, school, an alcohol treatment program, a drug treatment program, or an ignition interlock system service facility, if the person was convicted of:  
  
A. A violation of § 21-902(a) of this article within a 5-year period after the person was previously convicted of a violation of § 21-902(d) of this article; or  
B. A violation of § 21-902(d) of this article within a 5-year period after the person was previously convicted of a violation of § 21-902(a) of this article;  
  
(iv) Advises the person of the requirements under paragraph (7) of this subsection for a person who does not participate in the Ignition Interlock System Program in accordance with this paragraph during the 1-year period of suspension;  
(v) Advises the person of the right to request a hearing on a suspension under this paragraph; and  
(vi) Advises the person of the right, instead of requesting a hearing on a suspension under this paragraph, to be subject to a 1-year period of suspension, with the period of the first 45 days of the suspension not subject to modification by the Administration, and for the remainder of the 1-year period of suspension to be issued a restricted license under this paragraph if the following conditions are met:  
  
1. The person's driver's license is not currently suspended, revoked, canceled, or refused;  
2. The violation did not arise out of circumstances that involved a death of, or serious physical injury to, another person;  
3. The person surrenders a valid Maryland driver's license or signs a statement certifying that the driver's license is no longer in the person's possession; and  
4. The person elects in writing, within the same time limit for requesting a hearing, to meet the ignition interlock system requirements under this paragraph for the remainder of the 1-year period of suspension.  
  
(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;  
(ii) After a hearing, the Administration finds that the person was convicted of:  
  
1. More than one violation of § 21-902(a) of this article within a 5-year period;  
2. A violation of § 21-902(a) of this article within a 5-year period after the person was previously convicted of a violation of § 21-902(d) of this article; or  
3. A violation of § 21-902(d) of this article within a 5-year period after the person was previously convicted of a violation of § 21-902(a) of this article; or  
  
(iii) The person fails to appear for a hearing requested by the person.  
  
(5) The Administration may modify a suspension under paragraph (4) of this subsection to:  
  
(i) Impose a suspension of 45 days;  
(ii) Order the person to maintain, for the remainder of the 1-year period of suspension, an ignition interlock system on a motor vehicle owned or operated by the person; and  
(iii) Impose a restriction on the person's license for the remainder of the 1-year period of suspension that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system and permits the person to drive only to and from:  
  
1. Work, school, an alcohol treatment program, or an ignition interlock system service facility, if the person was convicted of a violation of § 21-902(a) of this article more than once within a 5-year period;  
2. Work, school, an alcohol treatment program, a drug treatment program, or an ignition interlock system service facility, if the person was convicted of:  
 
A. A violation of § 21-902(a) of this article within a 5-year period after the person was previously convicted of a violation of § 21-902(d) of this article; or  
B. A violation of § 21-902(d) of this article within a 5-year period after the person was previously convicted of a violation of § 21-902(a) of this article.  
  
(6) A person who participates in the Ignition Interlock System Program for at least 3 months under paragraph (5) of this subsection is exempt from the requirements of paragraphs (7) through (11) of this subsection.  

(7) The Administration shall, within 90 days of the expiration of the 1-year period of suspension, issue to the person a notice, unless this notice requirement was waived at a hearing described in paragraph (4) of this subsection, that:  
  
(i) States that the person shall maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person;  
(ii) States that the Administration shall impose a restriction on the person's license that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system for a period of not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension; and  
(iii) Advises the person of the right to request a hearing under this paragraph.  
  
(8) After notice under paragraph (7) of this subsection, or a waiver of notice, the Administration shall order a person to maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person and impose a license restriction that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system if:  
  
(i) The person does not request a hearing;  
(ii) The Administration finds at a hearing that the person owns one or more motor vehicles and that no financial hardship, as described in paragraphs (9) and (10) of this subsection, will be created by requiring the person to maintain an ignition interlock system on each motor vehicle owned by the person; or  
(iii) The person fails to appear for a hearing requested by the person.  
  
(9) If the Administration finds at a hearing that maintenance of an ignition interlock system on a motor vehicle owned by the person creates a financial hardship on the person, the family of the person, or a co-owner of the motor vehicle, the Administration:  
  
(i) Shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system; and  
(ii) May not require the person to maintain an ignition interlock system on any motor vehicle to which the financial hardship applies.  
  
(10) An exemption under paragraph (9)(ii) of this subsection applies only under circumstances that:  
  
(i) Are specific to the person's motor vehicle; and  
(ii) Meet criteria contained in regulations that shall be adopted by the Administration.  
  
(11) If a person requests a hearing and the Administration finds that the person does not own a motor vehicle at the expiration of the 1-year period of suspension, the Administration shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system.  

(12) Each notice and hearing under this subsection shall meet the requirements of Title 12, Subtitle 2 of this article.  

(13) This subsection does not limit any provision of this article that allows or requires the Administration to:  
  
(i) Revoke or suspend a license of a person; or  
(ii) Prohibit a person from driving a motor vehicle that is not equipped with an ignition interlock system.  
  
(14) A suspension imposed under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21-902(a) or (d) of this article described in this subsection.  
  
(f)  Modification upon participation in Ignition Interlock System Program.-   
  
 (1) Subject to paragraph (2) of this subsection, the Administration may modify any suspension under this section or any suspension under § 16-205.1 of this subtitle and issue a restrictive license to a licensee who participates in the Ignition Interlock System Program established under § 16-404.1 of this title.  
  
(2) The Administration may not modify a suspension and issue a restrictive license during a mandatory period of suspension described in subsection (e) of this section.  
  
(g)  Administration to reinstate license after suspension.- When a suspension imposed under subsection (c), (d), (d-1), or (e) of this section or § 16-206(b) of this subtitle expires, the Administration immediately shall return the license or reinstate the privilege of the driver, unless the license or privilege has been refused, revoked, suspended, or canceled under any other provisions of the Maryland Vehicle Law. 

[An. Code 1957, art. 661/2, § 6-205.2; 1977, ch. 14, § 2; 1981, ch. 242; 1989, ch. 284; 1994, ch. 521; 1996, ch. 652, § 2; 1997, ch. 261; 2000, ch. 61, § 6; ch. 666; 2001, chs. 3, 4, 5; 2002, ch. 110; ch. 213, § 6; 2006, chs. 219, 220; 2009, ch. 60, § 5; ch. 496.]

 

16-205.1 Suspension or disqualification for refusal to submit to chemical tests for intoxication.

(a)(1)(i) In this section the following words have the meanings indicated.

(ii) "Under the influence of alcohol" includes under the influence of alcohol per se as defined by § 11-174.1 of this article.

(iii) "Specimen of blood" and "1 specimen of blood" means 1 sample of blood that is taken, in a single procedure, in 2 or more portions in 2 or more separate vials.

(iv) "Test" means, unless the context requires otherwise:

1. A test of a person's breath or of 1 specimen of a person's blood to determine alcohol concentration;

2. A test or tests of 1 specimen of a person's blood to determine the drug or controlled dangerous substance content of the person's blood; or

3. Both:

A. A test of a person's breath or a test of 1 specimen of a person's blood, to determine alcohol concentration; and

B. A test or tests of 1 specimen of a person's blood to determine the drug or controlled dangerous substance content of the person's blood.

(2) Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented, subject to the provisions of §§ 10-302 through 10-309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title.

(b)(1) Except as provided in subsection (c) of this section, a person may not be compelled to take a test. However, the detaining officer shall advise the person that, on receipt of a sworn statement from the officer that the person was so charged and refused to take a test, or was tested and the result indicated an alcohol concentration of 0.08 or more, the Administration shall:

(i) In the case of a person licensed under this title:

1. For a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

A. For a first offense, suspend the driver's license for 45 days; or

B. For a second or subsequent offense, suspend the driver's license for 90 days; or

2. For a test refusal:

A. For a first offense, suspend the driver's license for 120 days; or

B. For a second or subsequent offense, suspend the driver's license for 1 year;

3. For a test refusal:

A. For a first offense, suspend the driver's license for 120 days; or

b. For a second or subsequent offense, suspend the driver's license for 1 year

(ii) In the case of a nonresident or unlicensed person:

1. For a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

A. For a first offense, suspend the person's driving privilege for 45 days; or

B. For a second or subsequent offense, suspend the person's driving privilege for 90 days; or

2. For a test refusal:

A. For a first offense, suspend the person's driving privilege for 120 days; or

B. For a second or subsequent offense, suspend the person's driving privilege for 1 year; and

3. For a test refusal:

A. For a first offense, suspend the driver's license for 120 days; or

b. For a second or subsequent offense, suspend the driver's license for 1 year

(iii) In addition to any applicable driver's license suspensions authorized under this section, in the case of a person operating a commercial motor vehicle or who holds a commercial driver's license who refuses to take a test:

1. Disqualify the person's commercial driver's license for a period of 1 year for a first offense, 3 years for a first offense which occurs while transporting hazardous materials required to be placarded, and disqualify for life if the person's commercial driver's license has been previously disqualified for at least 1 year under:

A. 16-812 (a) or (b) of this title;

B. A federal law; or

C. Any other state's law; or 

2. If the person holds a commercial driver's license issued by another state, disqualify the person's privilege to operate a commercial motor vehicle and report the refusal and disqualification to the person's resident state which may result in further penalties imposed by the person's resident state.

(2) Except as provided in subsection (c) of this section, if a police officer stops or detains any person who the police officer has reasonable grounds to believe is or has been driving or attempting to drive a motor vehicle while under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title, and who is not unconscious or otherwise incapable of refusing to take a test, the police officer shall:

(i) Detain the person;

(ii) Request that the person permit a test to be taken;

(iii) Advise the person of the administrative sanctions that shall be imposed for test results indicating an alcohol concentration of  at least 0.08 but less than 0.15 at the time of testing;

(iv) Advise the person of the additional criminal penalties that may be imposed under 27-101(x) of this article on conviction of a violation of 21-902 of this article if the person knowingly refused to take a test arising out of the same circumstances as the violation.

(3) If the person refuses to take the test or takes a test which results in an alcohol concentration of 0.08 or more at the time of testing, the police officer shall:

(i) Confiscate the person's driver's license issued by this State;

(ii) Acting on behalf of the Administration, personally serve an order of suspension on the person;

(iii) Issue a temporary license to drive;

(iv) Inform the person that the temporary license allows the person to continue driving for 45 days if the person is licensed under this title;

(v) Inform the person that:

1. The person has a right to request, at that time or within 10 days, a hearing to show cause why the driver's license should not be suspended concerning the refusal to take the test or for test results indicating an alcohol concentration of 0.08 or more at the time of testing, and the hearing will be scheduled within 45 days; and

2. If a hearing request is not made at that time or within 10 days, but within 30 days the person requests a hearing, a hearing to show cause why the driver's license should not be suspended concerning the refusal to take the test or for test results indicating an alcohol concentration of 0.08 or more at the time of testing will be scheduled, but a request made after 10 days does not extend a temporary license issued by the police officer that allows the person to continue driving for 45 days;

(vi) Advise the person of the administrative sanctions that shall be imposed in the event of failure to request a hearing, failure to attend a requested hearing, or upon an adverse finding by the hearing officer; and

(vii) Inform the person that , if the person refuses a test or takes a test that indicates an alcohol concentration of 0.15 or more at the time of testing, the person may participate in the Ignition Interlock System Program under 16-404.1 of this title instead of requesting a hearing under this paragraph, if the following conditions are met:

1. The person's driver's license is not currently suspended, revoked, canceled, or refused;

2. The person was not charged with a moving violation arising out of the same circumstances as an administrative offense under this section that involved a death of, or serious physical injury to, another person; and

3. Within the same time limits set forth in item (v) of this paragraph, the person:

A. Surrenders a valid Maryland driver's license or signs a statement certifying that the driver's license is no longer in the person's possession and;

B. Elects in writing to participate in the Ignition Interlock System Program for 1 year; and

(viii) Within 72 hours after the issuance of the order of suspension, send any confiscated driver's license, copy of suspension order, and a sworn statement to the Administration, that states:

1. The officer had reasonable grounds to believe that the person had been driving or attempting to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State while under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title;

2. The person refused to take a test when requested by the police officer or the person submitted to the test which indicated an alcohol concentration of 0.08 or more at the time of testing; and

3. The person was fully advised of the administrative sanctions that shall be imposed, 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 under subsection (n)(1) or (2) of this section.

(c)(1) If a person is involved in a motor vehicle accident that results in the death of, or a life threatening injury to, another person and the person is detained by a police officer who has reasonable grounds to believe that the person has been driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by a controlled dangerous substance, or in violation of § 16-813 of this title, the person shall be required to submit, as directed by the officer, to a test of:

(i) The person's breath to determine alcohol concentration;

(ii) One specimen of the person's blood, to determine alcohol concentration or to determine the drug or controlled dangerous substance content of the person's blood; or

(iii) Both the person's breath under item (i) of this paragraph and one specimen of the person's blood under item (ii) of this paragraph.

(2) If a police officer directs that a person be tested, then the provisions of § 10-304 of the Courts and Judicial Proceedings Article shall apply.

(3) Any medical personnel who perform any test required by this section are not liable for any civil damages as the result of any act or omission related to such test, not amounting to gross negligence.

(d)(1) If a police officer has reasonable grounds to believe that a person has been driving or attempting to drive a motor vehicle while under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by a controlled dangerous substance, or in violation of § 16-813 of this title, and if the police officer determines that the person is unconscious or otherwise incapable of refusing to take a test, the police officer shall:

(i) Obtain prompt medical attention for the person;

(ii) If necessary, arrange for removal of the person to a nearby medical facility; and

(iii) If a test would not jeopardize the health or well-being of the person, direct a qualified medical person to withdraw blood for a test.

(2) If a person regains consciousness or otherwise becomes capable of refusing before the taking of a test, the police officer shall follow the procedure set forth in subsection (b) or (c) of this section.

(e)(1) The tests to determine alcohol concentration may be administered by an individual who has been examined and is certified by the Department of State Police as sufficiently equipped and trained to administer the tests.

(2) The Department of State Police may adopt regulations for the examination and certification of individuals trained to administer tests to determine alcohol concentration.

(f)(1) Subject to the provisions of this subsection, at the time of, or within 30 days from the date of, the issuance of an order of suspension, a person may submit a written request for a hearing before an officer of the Administration if:

(i) The person is arrested for driving or attempting to drive a motor vehicle while under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title; and

(ii) 1. There is an alcohol concentration of 0.08 or more at the time of testing; or

2. The person refused to take a test.

(2) A request for a hearing made by mail shall be deemed to have been made on the date of the United States Postal Service postmark on the mail.

(3) If the driver's license has not been previously surrendered, the license must be surrendered at the time the request for a hearing is made.

(4) If a hearing request is not made at the time of or within 10 days after the issuance of the order of suspension, the Administration shall:

(i) Make the suspension order effective suspending the license:

1. For a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

A. For a first offense, for 45 days; or

B. For a second or subsequent offense, for 90 days; or

2. For a test refusal:

A. For a first offense, for 120 days; or

B. For a second offense or subsequent offense, for 1 year; and

(ii) 1. In the case of a person operating a commercial motor vehicle or who holds a commercial driver's license who refuses to take a test, disqualify the person from operating a commercial motor vehicle for a period of 1 year for a first offense, 3 years for a first offense which occurs while transporting hazardous materials required to be placarded, and for life for a second or subsequent offense which occurs while operating any commercial vehicle; or

2. In the case of a person operating a commercial motor vehicle who refuses to take a test, and who holds a commercial driver's license issued by another state, disqualify the person's privilege to operate a commercial motor vehicle in this State and report the refusal and disqualification to the person's resident state which may result in further penalties imposed by the person's resident state.

(5)(i) If the person requests a hearing at the time of or within 10 days after the issuance of the order of suspension and surrenders the driver's license or, if applicable, the person's commercial driver's license, the Administration shall set a hearing for a date within 30 days of the receipt of the request.

(ii) Subject to the provisions of this paragraph, a postponement of a hearing under this paragraph does not extend the period for which the person is authorized to drive and the suspension and, if applicable, the disqualification shall become effective on the expiration of the 45-day period after the issuance of the order of suspension.

(iii) A postponement of a hearing described under this paragraph shall extend the period for which the person is authorized to drive if:

1. Both the person and the Administration agree to the postponement;

2. The Administration cannot provide a hearing within the period required under this paragraph; or

3. Under circumstances in which the person made a request, within 10 days of the date that the order of suspension was served under this section, for the issuance of a subpoena under § 12-108 of this article except as time limits are changed by this paragraph:

A. The subpoena was not issued by the Administration;

B. An adverse witness for whom the subpoena was requested, and on whom the subpoena was served not less than 5 days before the hearing described under this paragraph, fails to comply with the subpoena at an initial or subsequent hearing described under this paragraph held within the 45-day period; or

C. A witness for whom the subpoena was requested fails to comply with the subpoena, for good cause shown, at an initial or subsequent hearing described under this paragraph held within the 45-day period after the issuance of the order of suspension.

(iv) If a witness is served with a subpoena for a hearing under this paragraph, the witness shall comply with the subpoena within 20 days from the date that the subpoena is served.

(v) If a hearing is postponed beyond the 45-day period after the issuance of the order of suspension under the circumstances described in subparagraph (iii) of this paragraph, the Administration shall stay the suspension and issue a temporary license that authorizes the person to drive only until the date of the rescheduled hearing described under this paragraph.

(vi) To the extent possible, the Administration shall expeditiously reschedule a hearing that is postponed under this paragraph.

(6)(i) If a hearing request is not made at the time of, or within 10 days from the date of the issuance of an order of suspension, but within 30 days of the date of the issuance of an order of suspension, the person requests a hearing and surrenders the driver's license or, if applicable, the person's commercial driver's license, the Administration shall:

1. A. Make a suspension order effective suspending the license for the applicable period of time described under paragraph (4)(i) of this subsection; and

B. In the case of a person operating a commercial motor vehicle or who holds a commercial driver's license who refuses to take a test, disqualify the person's commercial driver's license, or privilege to operate a commercial motor vehicle in this State, for the applicable period of time described under paragraph (4)(ii) of this subsection; and

2. Set a hearing for a date within 45 days of the receipt of a request for a hearing under this paragraph.

(ii) A request for hearing scheduled under this paragraph does not extend the period for which the person is authorized to drive, and the suspension and, if applicable, the disqualification shall become effective on the expiration of the 45-day period that begins on the date of the issuance of the order of suspension.

(iii) A postponement of a hearing described under this paragraph shall stay the suspension only if:

1. Both the person and the Administration agree to the postponement;

2. The Administration cannot provide a hearing under this paragraph within the period required under this paragraph; or

3. Under circumstances in which the person made a request, within 10 days of the date that the person requested a hearing under this paragraph, for the issuance of a subpoena under § 12-108 of this article except as time limits are changed by this paragraph:

A. The subpoena was not issued by the Administration;

B. An adverse witness for whom the subpoena was requested, and on whom the subpoena was served not less than 5 days before the hearing, fails to comply with the subpoena at an initial or subsequent hearing under this paragraph held within the 45-day period that begins on the date of the request for a hearing under this paragraph; or

C. A witness for whom the subpoena was requested fails to comply with the subpoena, for good cause shown, at an initial or subsequent hearing under this paragraph held within the 45-day period that begins on the date of the request for a hearing under this paragraph.

(iv) If a witness is served with a subpoena for a hearing under this paragraph, the witness shall comply with the subpoena within 20 days from the date that the subpoena is served.

(v) If a hearing is postponed beyond the 45-day period that begins on the date of the request for a hearing under this paragraph under circumstances described in subparagraph (iii) of this paragraph, the Administration shall stay the suspension and issue a temporary license that authorizes the person to drive only until the date of the rescheduled hearing.

(vi) To the extent possible, the Administration shall expeditiously reschedule a hearing that is postponed under this paragraph.

(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 under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by 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, 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 under subsection (n)(1) and (2) of this section;

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 0.08 or more at the time of testing; or

6. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.15 or more at the time of testing; or

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

(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 0.08 or more at the time of testing.

(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 under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by 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, 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 under subsection (n)(1) and (2) of this section; 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 0.08 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 or while holding a commercial driver's license;

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 under the influence of alcohol, while impaired by alcohol, while so far impaired by 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 impaired by 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.

(iii) If the person is licensed to drive a commercial motor vehicle, the Administration shall disqualify the person in accordance with subparagraph (ii) of this paragraph, but may not impose a suspension under subparagraph (i) of this paragraph, if:

1. The person was detained while operating a commercial motor vehicle or while holding a commercial driver's license;

2. The police officer had reasonable grounds to believe the person was in violation of an alcohol restriction or in violation of § 16-813 of this title;

3. The police officer did not have reasonable grounds to believe the driver was driving while under the influence of alcohol, driving while impaired by alcohol, while so far impaired by 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, or while impaired by a controlled dangerous substance; and

4. The driver refused to take a test.

(iv) In the absence of a compelling reason for failure to attend a hearing, failure of a person to attend a hearing is prima facie evidence of the person's inability to answer the sworn statement of the police officer or the test technician or analyst, and the Administration summarily shall:

1. Suspend the driver's license or privilege to drive; and

2. If the driver is detained in a commercial motor vehicle or holds a commercial driver's license, disqualify the person from operating a commercial motor vehicle.

(v) The suspension imposed shall be:

1. For a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

A. For a first offense, a suspension for 45 days; or

B. For a second or subsequent offense, a suspension for 90 days; or

2. For a test refusal:

A. For a first offense, a suspension for 120 days; or

B. For a second or subsequent offense, a suspension for 1 year.

3. For a test refusal:

A. For the first offense, a suspension for 120 days; or

B. For a second or subsequest offense, a suspension for 1 year.

(vi) A disqualification imposed under subparagraph (ii) or (iii) of this paragraph shall be for a period of 1 year for a first offense, 3 years for a first offense which occurs while transporting hazardous material required to be placarded, and life for a second or subsequent offense which occurs while operating or attempting to operate any commercial motor vehicle.

(vii) A disqualification of a commercial driver's license is not subject to any modifications, nor may a restricted commercial driver's license be issued in lieu of a disqualification.

(viii) A disqualification for life may be reduced if permitted by § 16- 812(d) of this title.

(g)(1) An initial refusal to take a test that is withdrawn as provided in this subsection is not a refusal to take a test.

(2) A person who initially refuses to take a test may withdraw the initial refusal and subsequently consent to take the test if the subsequent consent:

(i) Is unequivocal;

(ii) Does not substantially interfere with the timely and efficacious administration of the test; and

(iii) Is given by the person:

1. Before the delay in testing would materially affect the outcome of the test; and

2. A. For the purpose of a test for determining alcohol concentration, within 2 hours of the person's apprehension; or

B. For the purpose of a test for determining the drug or controlled dangerous substance content of the person's blood, within 4 hours of the person's apprehension.

(3) In determining whether a person has withdrawn an initial refusal for the purposes of paragraph (1) of this subsection, among the factors that the Administration shall consider are the following:

(i) Whether the test would have been administered properly:

1. For the purpose of a test for determining alcohol concentration, within 2 hours of the person's apprehension; or

2. For the purpose of a test for determining the drug or controlled dangerous substance content of the person's blood, within 4 hours of the person's apprehension;

(ii) Whether a qualified person, as defined in § 10-304 of the Courts Article, to administer the test and testing equipment were readily available;

(iii) Whether the delay in testing would have interfered with the administration of a test to another person;

(iv) Whether the delay in testing would have interfered with the attention to other duties of the arresting officer or a qualified person, as defined in § 10-304 of the Courts Article;

(v) Whether the person's subsequent consent to take the test was made in good faith; and

(vi) Whether the consent after the initial refusal was while the person was still in police custody.

(4) In determining whether a person has withdrawn an initial refusal for the purposes of paragraph (1) of this subsection, the burden of proof rests with the person to establish by a preponderance of the evidence the requirements of paragraph (2) of this subsection.

(h) Notwithstanding any other provision of this section, if a driver's license is suspended based on multiple administrative offenses of refusal to take a test, or a test to determine alcohol concentration taken that indicated an alcohol concentration of 0.08 or more at the time of testing, or any combination of these administrative offenses committed at the same time, or arising out of circumstances simultaneous in time and place, or arising out of the same incident, the Administration:

(1) Shall suspend the driver's license for the administrative offense that results in the lengthiest period of suspension; and

(2) May not impose any additional periods of suspension for the remainder of the administrative offenses.

(i) Notwithstanding any other provision of this section, a test for drug or controlled dangerous substance content under this section:

(1) May not be requested as described under subsection (b) of this section, required as described under subsection (c) of this section, or directed as described under subsection (d) of this section, by a police officer unless the law enforcement agency of which the officer is a member has the capacity to have such tests conducted;

(2) May only be requested as described under subsection (b) of this section, required as described under subsection (c) of this section, or directed as described under subsection (d) of this section, by a police officer who is a trainee, has been trained, or is participating directly or indirectly in a program of training that is:

(i) Designed to train and certify police officers as drug recognition experts; and

(ii) Conducted by a law enforcement agency of the State, or any county, municipal, or other law enforcement agency in the State described in items (3)(i)1 through 12 of this subsection:

1. In conjunction with the National Highway Traffic Safety Administration; or

2. As a program of training of police officers as drug recognition experts that contains requirements for successful completion of the training program that are the substantial equivalent of the requirements of the Drug Recognition Training Program developed by the National Highway Traffic Safety Administration; and

(3) May only be requested as described under subsection (b) of this section, required as described under subsection (c) of this section, or directed as described under subsection (d) of this section:

(i) In the case of a police officer who is a trainee, or who is participating directly or indirectly in a program of training described in paragraph (2) of this subsection, if the police officer is a member of, and is designated as a trainee or a participant by the head of:

1. The Department of State Police;

2. The Baltimore City Police Department;

3. A police department, bureau, or force of a county;

4. A police department, bureau, or force of an incorporated city or town;

5. The Maryland Transit Administration Police Force;

6. The Maryland Port Administration Police Force of the Department of Transportation;

7. The Maryland Transportation Authority Police Force;

8. The Police Force of the University of Maryland or Morgan State University;

9. The police force for a State university or college under the direction and control of the University System of Maryland;

10. A sheriff's department of any county or Baltimore City;

11. The Natural Resources Police Force or the Forest and Park Service Police Force of the Department of Natural Resources; or

12. The security force of the Department of General Services; or

(ii) In the case of a police officer who has been trained as a drug recognition expert, if the police officer is a member of, and certified as a drug recognition expert by the head of one of the law enforcement agencies described in items (3)(i)1 through 12 of this subsection.

(j) If the Administration imposes a suspension or disqualification after a hearing, the person whose license or privilege to drive has been suspended or disqualified may appeal the final order of suspension as provided in Title 12, Subtitle 2 of this article.

(k) Subject to § 16-812(p) of this title, this section does not prohibit the imposition of further administrative sanctions if the person is convicted for any violation of the Maryland Vehicle Law [FN1] arising out of the same occurrence.

(l)(1) The determination of any facts by the Administration is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence.

(2) The disposition of those criminal charges may not affect any suspension imposed under this section.

(m)(1) Except as otherwise provided in this subsection, a suspension imposed under this section may not be stayed by the Administration pending appeal.

(2) If the person files an appeal and requests in writing a stay of a suspension imposed under this section, the Director of the Division of Administrative Adjudication of the Administration may stay a suspension imposed under this section.

(n)(1) The Administration may modify a suspension under this section or issue a restrictive license if:

(i) The licensee did not refuse to take a test;

(ii) The licensee has not had a license suspended under this section during the past 5 years;

(iii) The licensee has not been convicted under § 21-902 of this article during the past 5 years; and

(2) The Administration may modify a suspension under this section or issue a restrictive license if the Administration finds that:

(i) The licensee is required to drive a motor vehicle in the course of employment;

(ii) The license is required for the purpose of attending an alcoholic prevention or treatment program; or

(iii) The licensee has no alternative means of transportation available to or from the licensee's place of employment and, without the license, the licensee's ability to earn a living would be severly impaired;

(iv) The license is requirede for the purpose of obtaining health care treatment, including a prescription, that is necessary for the licensee or a member of the licensee's immediate family and the licensee and the licensee's family have no alternate means of transportation available to obtain the health care treatment; or

(v) The license is required for the purpose of attending noncollegiate educational institution as defined in 2-206(a) of the Education Article or a regular program at an institution of postsecondary education.

(o) (1) This subsection applies only to a licensee who:

(i) refused to take a test;

(ii) Took a test that indicated an alcohol concentration of 0.15 or more at the time of testing; or

(iii) Took a test that indicated an alcohol concentration of at least 0.08 but was less that 0.15 at the time of testing and who is ineligible for a modification of a suspension or issuance of a restrictive license under this subsection (n) of this section.

(2) The administration may modify a susoension under this section or issue a restrictive license only if the licensee participates in the Ignition Interlock System Program for 1 year.

(p)(1) if the Administration may modify a suspension under this section or issues a restrictive license on condition that the licensee participate in the Ignition Interlock System Program and the licensee does not successfully complete the Program, the Administration shall suspend the licensee's driver's license or driving privilege for the full period of suspension specified in this section for the applicable violation.

(2) The administration shall notify a licensee of a suspension under this subsection.

(3) A licensee may request an administrative hearing on a suspension imposed under this subsection.

(4) If a licensee requests a hearing under this subsection, the suspension shall be stayed pending the decision at the administrative hearing. 

(q) The provisions of this section relating to disqualification do not apply to offenses committed by an individual in a noncommercial motor vehicle before:

(1) September 30, 2005; or

(2) The initial issuance to the individual of a commercial driver's license by any state.

 

§16–205.2. Preliminary Breath Test 

(a)   A police officer who has reasonable grounds to believe that an individual is or has been driving or attempting to drive a motor vehicle while under the influence of alcohol or while impaired by alcohol may, without making an arrest and prior to the issuance of a citation, request the individual to submit to a preliminary breath test to be administered by the officer using a device approved by the State Toxicologist.

(b)   The police officer requesting the preliminary breath test shall advise the person to be tested that neither a refusal to take the test nor the taking of the test shall prevent or require a subsequent chemical test pursuant to § 16-205.1 of this subtitle.

(c)   The results of the preliminary breath test shall be used as a guide for the police officer in deciding whether an arrest should be made and may not be used as evidence by the State in any court action. The results of the preliminary breath test may be used as evidence by a defendant in a court action. The taking of or refusal to submit to a preliminary breath test is not admissible in evidence in any court action. Any evidence pertaining to a preliminary breath test may not be used in a civil action.

(d)   Refusal to submit to a preliminary breath test shall not constitute a violation of § 16-205.1 of this subtitle and the taking of a preliminary breath test shall not relieve the individual of the obligation to take the test required under § 16-205.1 of this subtitle if requested to do so by the police officer.

 

§16–206. Authority of Administration to suspend, revoke, or refuse license.  
(a)    (1)   The Administration may suspend, revoke, or refuse to issue or renew the license of any resident or the privilege to drive of any nonresident on a showing by its records or other sufficient evidence that the applicant or licensee:
(i)   Has been convicted of moving violations so often as to indicate an intent to disregard the traffic laws and the safety of other persons on the highways;
(ii)   Is an unfit, unsafe, or habitually reckless or negligent driver of a motor vehicle;
(iii)   Has permitted an unlawful or fraudulent use of a license, identification card, or a facsimile of a license or identification card;
(iv)   Has used a license, identification card, or a facsimile of a license or identification card in an unlawful or fraudulent manner, unless the applicant or licensee is subject to the provisions of subsection (c) of this section;
(v)   Has committed an offense in another state that, if committed in this State, would be grounds for suspension or revocation; or
(vi)   Has knowingly made a false certification of required security in any application for a certificate of title or for the registration of a vehicle.
(2)   The Administration may suspend a license to drive of an individual who fails to attend:
(i)   A driver improvement program or an alcohol education program required under § 16–212 of this subtitle; or
(ii)   A private alternative program or an alternative program that is provided by a political subdivision of this State under § 16–212 of this subtitle.
(3)   The Administration may suspend or revoke a provisional license under § 16–213 of this subtitle.
(4)    (i)   Pursuant to a court order under § 4–503, § 9–504, or § 9–505 of the Criminal Law Article, the Administration:
1.   Shall initiate an action to suspend the driver’s license or driving privilege of an individual for a time specified by the court; and
2.   May issue a restricted license that is limited to driving a motor vehicle:
A.    For the purpose of attending an alcohol education or alcoholic prevention or treatment program;
B.    That is required in the course of employment;
C.    For the purposes of driving to or from a place of employment if the individual’s employment would be adversely affected because the individual has no reasonable alternative means of transportation to or from the place of employment; or
D.    For the purposes of driving to or from school or any other place of educational instruction if the individual’s education would be adversely affected because the individual has no reasonable alternative means of transportation for educational purposes.
(ii)   If an individual subject to a suspension under subparagraph (i) of this paragraph does not possess the privilege to drive on the date of the disposition, the suspension shall commence:
1.   If the individual is at an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date of the disposition; or
2.   If the individual is younger than an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date the individual is eligible to obtain driving privileges.
(5)    (i)   The Administration may suspend the license of a person who is convicted of a moving violation that contributed to an accident resulting in the death of another person.
(ii)   A suspension under this paragraph may not exceed 6 months.
(iii)   This paragraph does not limit the authority of the Administration to suspend, revoke, or refuse to issue or renew a license under any other provision of law.
(b)    (1)   Upon notification by the clerk of the court that a child has been adjudicated delinquent for a violation of § 21–902 of this article, or that a finding has been made that a child violated § 21–902 of this article, the Administration shall suspend the license to drive of the child in accordance with § 3–8A–23(a)(4)(i) of the Courts Article.
(2)   On notification by the clerk of the court that a child has been adjudicated delinquent for a violation of § 20–102, § 20–103, or § 21–904 of this article, or that a finding has been made that a child violated § 20–102, § 20–103, or § 21–904 of this article, the Administration shall suspend the child’s license to drive in accordance with § 3–8A–23(a)(5) of the Courts Article.
(3)   If a child subject to a suspension under this subsection does not hold a license to operate a motor vehicle on the date of the disposition, the suspension shall commence:
(i)   If the child is at least 16 years old on the date of the disposition, on the date of the disposition; or
(ii)   If the child is younger than 16 years of age on the date of the disposition, on the date the child reaches the child’s 16th birthday.
(4)   A suspension imposed under this subsection shall:
(i)   Be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the adjudication of delinquency or finding that the child is in violation of § 20–102, § 20–103, § 21–902, or § 21–904 of this article as described in this subsection; and
(ii)   Receive credit for any suspension period imposed under § 16–113(f) of this title or § 16–205.1 of this subtitle that arises out of the circumstances of the violation of § 21–902 of this article described in this subsection.
(5)    (i)   Subject to the provisions of this paragraph, a person may request on the record that a hearing on a suspension under this subsection and any other hearing on another suspension or revocation under subsection (c) of this section, § 16–213 of this subtitle, or § 16–404 of this title that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection be consolidated.
(ii)   A person who requests consolidation of hearings under this paragraph shall waive on the record each applicable notice of right to request a hearing required under Title 12, Subtitle 1 or 2 of this article or Title 10, Subtitle 2 of the State Government Article that applies to the other suspensions or revocations arising out of the same circumstances.
(iii)   A hearing under this paragraph may not be postponed at the request of the person who requests consolidation of hearings under subparagraph (i) of this paragraph due to a consolidation of the hearings.
(iv)   Subject to the provisions of this paragraph, the Administration shall consolidate the hearings described in this paragraph unless the administrative law judge finds in writing that good cause exists not to consolidate the hearings.
(c)    (1)   Pursuant to a court order under § 3–8A–19(e) of the Courts Article, the Administration shall initiate an action to suspend the driving privilege of a child for the time specified by the court.
(2)   If a child subject to a suspension under § 3–8A–19(e) of the Courts Article does not hold a license to operate a motor vehicle on the date of the court order, the suspension shall commence:
(i)   If the child is at least 16 years of age on the date of the disposition, on the date of the disposition; or
(ii)   If the child is younger than 16 years of age on the date of the disposition, on the date the child reaches the child’s 16th birthday.
(3)   On receipt of a notice described under § 10–119(k) of the Criminal Law Article, the Administration shall suspend the license of an individual described under § 10–119(k) of the Criminal Law Article:
(i)   For a first offense, for 6 months; and
(ii)   For a second or subsequent offense, until the individual is 21 years old or for a period of 1 year, whichever is longer.
(4)   If an individual subject to a suspension under paragraph (3) of this subsection does not hold a license to operate a motor vehicle on the date that the individual is found guilty of a Code violation, the suspension shall begin on the date that the license is issued, or after the individual applies and becomes qualified to receive a license, or on the individual’s twenty–first birthday, whichever occurs first.
(5)   The Administration may modify a suspension under this subsection or subsection (b) of this section or issue a restricted license if:
(i)   The license is required for the purpose of attending an alcohol education or alcoholic prevention or treatment program;
(ii)   The child or individual is required to drive a motor vehicle in the course of employment;
(iii)   It finds that the individual’s or child’s employment would be adversely affected because the individual or child has no reasonable alternative means of transportation to or from a place of employment; or
(iv)   It finds that the individual’s or child’s education would be adversely affected because the individual or child has no reasonable alternative means of transportation for educational purposes.
(d)    (1)   After the Administration refuses to issue a license under this section, determines that a suspension should be imposed under subsection (a)(2) of this section, or determines that a suspension or revocation should be imposed under subsection (a)(3) of this section, the Administration immediately shall give written notice to the applicant or licensee, and the applicant or licensee may request a hearing as provided in Title 12, Subtitle 2 of this article.
(2)   After the Administration suspends the driver’s license or driving privilege of an individual under subsection (a)(4) of this section, the Administration shall send written notice to the individual, including notice of the individual’s right to contest the accuracy of the information.
(3)   Any contest under this subsection shall be limited to:
(i)   Whether the Administration has mistaken the identity of the individual whose license or privilege to drive has been suspended; and
(ii)   Whether the individual may be issued a restricted license that is limited to driving a motor vehicle:
1.   For the purpose of attending an alcohol education or alcoholic prevention or treatment program;
2.   That is required in the course of employment;
3.   For the purposes of driving to or from a place of employment if the individual’s employment would be adversely affected because the individual has no reasonable alternative means of transportation to or from the place of employment; or
4.   For the purposes of driving to or from school or any other place of educational instruction if the individual’s education would be adversely affected because the individual has no reasonable alternative means of transportation for educational purposes.
(4)   Except as otherwise provided in this section, the Administration may suspend or revoke a license under this section only after a hearing under Title 12, Subtitle 2 of this article.
(5)   If the Administration determines that there is a likelihood of substantial and immediate danger and harm to the licensee or others if the license is continued pending a hearing, the Administration:
(i)   Immediately may suspend the license;
(ii)   Within 7 days of a request for a hearing, shall grant the licensee a hearing as provided in Title 12, Subtitle 2 of this article; and
(iii)   After the hearing, render an immediate decision as to whether or not it should continue the suspension or revoke the license.
(e)    (1)   If a licensee fails to appear for a hearing after receiving the written notice under subsection (d)(1) of this section, the Administration may suspend the license until the licensee appears for a hearing.
(2)   A rescheduled hearing shall be held within 30 days of the date of the request.
(f)   In accordance with Title 12, Subtitle 2 of this article, the Administration shall provide notice of a suspension under subsection (a)(5) of this section and the licensee may request a hearing.

 

 

§ 16-207. Administration may require reexamination.
 

(a)  When Administration may require.-  

(1) The Administration may require a licensee to submit to reexamination, on at least 7 days' written notice, if: 

(i) The licensee is involved in an accident resulting in the death of another; or 

(ii) Except as provided in paragraph (2) of this subsection, the Administration has good cause to believe that the licensee is unfit, unsafe, or otherwise not qualified to be licensed. 

(2) The Administration may not use the age of the licensee as grounds for reexamination. 

(b)  Action on conclusion of reexamination.- After reexamination, the Administration, as appropriate, may: 

(1) Suspend or revoke the licensee's driver's license under § 16-206 of this subtitle; however, the Administration may not suspend or revoke a licensee's driver's license if the suspension or revocation is based on any records or evidence by a person alleging that the licensee is an unsafe or unfit driver, unless the person has been identified to the licensee and the licensee is given an opportunity to cross-examine that person at a hearing; 

(2) Permit the licensee to retain the license; or 

(3) Issue a new license subject to any restrictions permitted by this title. 

(c)  Failure to submit to reexamination.- The Administration may suspend or revoke the driver's license of any licensee who refuses or neglects to submit to a reexamination under this section. 
 

[An. Code 1957, art. 661/2, § 6-207; 1977, ch. 14, § 2; 1979, ch. 448; 2000, ch. 61, § 1.] 

 

§16–208. Period of suspension; reinstatement of revoked license.  
(a)    (1)   Except as provided in paragraph (2) of this subsection, §§ 16–205(d–1) and 16–206(a)(4), (b), and (c) of this subtitle, § 16–404(c)(2) and (3) of this title, and § 3–8A–23 of the Courts and Judicial Proceedings Article, the Administration may not suspend a license or privilege to drive for a period of more than 1 year.
(2)   After notice and hearing, the Administration may suspend for an indefinite period the license or privilege of any individual who cannot drive safely because of his physical or mental condition.
(3)   This subsection does not apply to or affect the suspension of any license:
(i)   For failure to comply with the required security provisions of Title 17 of this article;
(ii)   For failure to appear at a hearing as provided in Title 12, Subtitle 2 of this article;
(iii)   For failure to obey a citation, as provided in Title 26 of this article;
(iv)   For failure to pay a fine in accordance with the court’s directive as provided in Title 27 of this article; or
(v)   For failure to pay child support, as provided in § 16–203 of this subtitle.
(b)    (1)   Any individual whose license or privilege to drive has been revoked may apply for reinstatement of the individual’s license or privilege as provided in this subsection.
(2)    (i)   If it is the individual’s first revocation, the individual may file a reinstatement application at any time after the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after the effective date of the revocation.
(ii)   Except as provided in paragraph (6) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege 6 months after the revoked license is received by the Administration or, in the case of an individual who does not have a license issued under this title, 6 months after the effective date of revocation.
(3)    (i)   If it is the individual’s second revocation, the individual may file a reinstatement application at any time after 1 year from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 1 year from the effective date of revocation.
(ii)   Except as provided in paragraph (6) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege.
(4)    (i)   If it is the individual’s third revocation, the individual may file a reinstatement application at any time after 18 months from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 18 months from the effective date of revocation.
(ii)   Except as provided in paragraph (6) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege.
(5)    (i)   If it is the individual’s fourth or subsequent revocation, the individual may file a reinstatement application at any time after 2 years from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 2 years from the effective date of revocation.
(ii)   Except as provided in paragraph (6) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege.
(6)    (i)   The Administration may not reinstate a license or privilege to drive under this subsection if the license or privilege has been refused, revoked, suspended, or canceled under any other provision of the Maryland Vehicle Law.
(ii)    1.   In this subparagraph, “alcohol–related or drug–related driving incident” means a:
A.    Conviction or probation before judgment for a violation of § 21–902(a), (b), (c), or (d) of this article or a substantially similar law of another jurisdiction;
B.    Refusal to submit to a test under § 16–205.1 of this subtitle or a substantially similar law of another jurisdiction; or
C.    Test result that indicates an alcohol concentration of 0.10 or more at the time of testing under § 16–205.1 of this subtitle or a substantially similar law of another jurisdiction.
2.   Alcohol–related or drug–related driving incidents committed at the same time or arising out of the same circumstances may not be considered separate alcohol–related or drug–related driving incidents for the purpose of this subparagraph.
3.   Notwithstanding paragraphs (1) through (5) of this subsection, the Administration may reinstate a license or privilege to drive only if, after an investigation of an individual’s habits and driving ability, the Administration is satisfied it will be safe to reinstate the license or privilege of an individual who has been:
A.    Involved in any combination of three or more separate alcohol–related or drug–related driving incidents;
B.    Involved in a vehicular accident resulting in the death of another person; or
C.    Convicted of a violation for failing to stop after a vehicular accident resulting in bodily injury or death.
(7)   Except as otherwise provided in this title, before issuing a new license, the Administration shall require the applicant to submit to the examinations that it considers appropriate.

 

§16–209. Fees for reinstatement of revoked driving privilege. 
(a)   On filing an application for a new license or for reinstatement of the privilege to drive, any individual whose license or privilege to drive has been revoked, shall pay to the Administration a fee established by the Administration.
(b)   If the applicant’s license was revoked as a result of a conviction under § 21-902 of this article or a violation of an alcohol restriction, the applicant shall pay a fee established by the Administration in addition to the amount charged under subsection (a) of this section.

 

§ 16-210. Surrender and return of license upon cancellation, suspension, or revocation; calculation of time periods regarding suspended, revoked, or restricted licenses.
 

(a)  Surrender required.- On canceling, suspending, or revoking a driver's license, the Administration shall require that the license be surrendered to the Administration. 

(b)  Return after suspension.- At the end of a suspension period, the Administration shall issue a driver's license to the licensee. 

(c)  Effective date of suspension, revocation, or restriction.- When the Administration suspends or revokes a Maryland driver's license or issues a restricted license, the suspension, revocation, or restriction is effective at the time the decision is rendered, unless otherwise ordered by the Administration. 

(d)  When term of suspension, revocation, or restriction begins.- Credit for the term of the suspension, revocation, or period of restriction shall begin only after the Administration has received: 

(1) The driver's license issued to the licensee immediately prior to the decision to suspend, revoke, or restrict the license; or 

(2) A certification that: 

(i) A Maryland driver's license is not in the possession of the licensee; and 

(ii) If the Maryland driver's license comes into the licensee's possession, the licensee shall immediately surrender the license to the Administration. 
 

[An. Code 1957, art. 661/2, § 6-209; 1977, ch. 14, § 2; 1993, ch. 74; 1995, ch. 204.]

 

 

§16–212. Driver improvement and alcohol education programs and point system conferences.

 

(a) The Administration may conduct:

 

(1) A driver improvement program, including a driver improvement program designed specifically for young drivers; and

 

(2) An alcohol education program.

 

(b) (1) The purpose of the programs authorized under this section is to provide driver rehabilitation.

 

(2) The Administration shall determine the content of the programs.

 

(c) If an individual is convicted of one or more moving violations:

 

(1) Notwithstanding item (2) of this subsection, after a hearing as provided in Title 12, Subtitle 2 of this article, as a condition of reinstatement of a driver’s license, the Administration may require an individual to attend a driver improvement program or alcohol education program; or

 

(2) A court may require an individual to attend a driver improvement program or alcohol education program.

 

(d) In carrying out an order of the court, a probation officer or health department officer may assign an individual to attend a driver improvement program or alcohol education program.

 

(e) (1) An individual who attends a program under this section shall pay, in advance, a fee as provided in this subsection.

 

(2) The Administration shall set a reasonable fee based on the costs of operating the programs authorized by this section.

 

(3) The funds collected by the Administration under this subsection may not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8–403 or § 8–404 of this article.

 

(f) (1) The Administration may waive attendance at an alcohol education program conducted by the Administration if an individual attends a private alcohol education program or an alcohol education program provided by a political subdivision of the State that is approved by the Alcohol and Drug Abuse Administration and the Administration.

 

(2) The Administration may waive attendance at a driver improvement program conducted by the Administration if an individual attends a private driver improvement program or a driver improvement program provided by a political subdivision of the State that is approved by the Administration.

 

(3) The Administration shall establish criteria for approving private providers of alcohol education or driver improvement programs provided by a political subdivision of the State.

 

(4) Upon application for approval to provide the programs allowed under this section, a private provider shall pay an application fee established by the Administration.

 

 

§16–212.1. Alcohol and drug abuse education.

 

(a) The Administration, in cooperation with the Alcohol and Drug Abuse Administration, shall establish an alcohol and drug education program to educate driver’s license applicants who are subject to the provisions of § 16105(f)(3) of this title. This program also shall be included as part of the driver education course established under Subtitle 5 of this title.

 

(b) The program shall provide 3 hours of instruction in:

 

(1) The hazards of driving while impaired or intoxicated;

 

(2) The criminal penalties and administrative sanctions for alcohol and drug related motor vehicle violations;

 

(3) The medical, biological, and psychological effects of the consumption of alcohol and drugs and their impact on the operation of a motor vehicle; and

 

(4) Any other drug and alcohol related information that the Administration determines would be beneficial to applicants for a driver’s license.

 

(c) The Administration shall adopt regulations establishing criteria for certifying a private entity to offer the alcohol and drug education program established under this section.

 

 

 

§16–213. Violations.

 

(a) (1) In this section the following words have the meanings indicated.

 

(2) “Education and employment only restriction” means a restriction that allows a licensed driver to drive only:

 

(i) To or from a school class or an official school activity; or

 

(ii) To or from, or in the course of, the licensee’s employment.

 

(3) “Offense” means a moving violation committed by an individual who:

 

(i) Held a provisional license under § 16–111 of this title on the date the violation was committed;

 

(ii) Was convicted of, or granted a probation before judgment under § 6–220 of the Criminal Procedure Article for, the violation; and

 

(iii) Was not eligible for a license under § 16–111.1 of this title at the time of the violation.

 

(b) Except as provided in § 16–205(d–1) or § 16–206(b) of this subtitle, the sanctions under this section are in addition to any other penalty or sanctions that might apply as a result of a moving violation.

 

(c) The Administration:

 

(1) For a first offense, shall require the offender to attend a driver improvement program under § 16–212 of this subtitle;

 

(2) For a second offense:

 

(i) For an adult, may suspend the offender’s license for up to 30 days; and

 

(ii) For an individual under the age of 18 years, may:

 

1. Suspend the offender’s license for up to 30 days; and

 

2. Impose, on completion of the suspension, an education and employment only restriction on the offender’s license effective for 90 days;

 

(3) For a third offense:

 

(i) For an adult, may suspend the offender’s license for up to 180 days; and

 

(ii) For an individual under the age of 18 years, may:

 

1. Suspend the offender’s license for up to 180 days;

 

2. Require the offender to attend a driver improvement program designed for young drivers under § 16–212 of this subtitle; and

 

3. Impose, on completion of the suspension, an education and employment only restriction on the offender’s license effective for 180 days; and

 

(4) For a fourth or subsequent offense:

 

(i) For an adult, may suspend or revoke the offender’s license for up to 180 days; and

 

(ii) For an individual under the age of 18 years, may:

 

1. Revoke the offender’s license for not less than 180 days; and

 

2. Require the offender, in addition to applying for reinstatement as required under § 16–208(b) of this subtitle, to pass the examinations required under § 16–110 of this title.

 

 

 

§16–404. Effect of accumulated points.

 

(a) The Administration shall take the following actions for points accumulated within any 2–year period:

 

(1) Send a warning letter to each individual who accumulates 3 points;

 

(2) Require attendance at a driver improvement program conducted under § 16–212 of this title by each individual who accumulates 5 points, except that a Class A, B, or C licensee who submits evidence acceptable to the Administration that he is a professional driver may not be called in until he accumulates 8 points; and

 

(3) Except as provided in § 16–405 of this subtitle:

 

(i) Suspend the license of each individual who accumulates 8 points; and

 

(ii) Revoke the license of each individual who accumulates 12 points.

 

(b) (1) Except as provided in § 16–405 of this subtitle:

 

(i) If an individual accumulates 8 points, the Administration shall issue a notice of suspension; and

 

(ii) If an individual accumulates 12 points, the Administration shall issue a notice of revocation.

 

(2) Each notice shall:

 

(i) Be personally served or sent by certified mail, bearing a postmark from the United States Postal Service;

 

(ii) State the duration of the suspension or revocation; and

 

(iii) Advise the individual of his right, within 10 days after the notice is sent (Saturdays, Sundays, and legal holidays excepted), to file a written request for a hearing before the Administrator.

 

(3) Unless a hearing is requested, each notice of suspension or revocation is effective at the end of the 10–day period after the notice is sent.

 

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection:

 

(i) An initial suspension may not be for less than 2 days nor more than 30 days; and

 

(ii) Any subsequent suspension may not be for less than 15 days nor more than 90 days.

 

(2) Subject to the provisions of paragraph (3) of this subsection, the following suspension periods may apply to a suspension for an accumulation of points under § 16–402(a)(25) of this subtitle for a violation of § 21–902(b) or (c) of this article or a suspension imposed under § 16–404.1(f)(1)(iii) of this subtitle:

 

(i) For a first conviction, not more than 6 months;

 

(ii) For a second conviction at least 5 years after the date of the first conviction, not more than 9 months;

 

(iii) For a second conviction less than 5 years after the date of the first conviction or for a third conviction, not more than 12 months; and

 

(iv) For a fourth or subsequent conviction, not more than 24 months.

 

(3) 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) This subsection does not limit the authority of the Administration to issue a restrictive license or modify a suspension imposed under this subsection.

 

(d) (1) If the holder of a provisional driver’s license who is under the age of 18 years accumulates 5 or more points in a 12–month period, the Administration shall suspend the individual’s driver’s license:

 

(i) For a first offense, for 6 months; and

 

(ii) For a second or subsequent offense, for 1 year.

 

(2) An individual subject to a license suspension under this subsection may request a hearing as provided for a suspension or revocation under Title 12, Subtitle 2 of this article.

 

 

 

§16–404.1. Ignition Interlock System Program.

 

(a) (1) In this section the following words have the meanings indicated.

 

(2) “Approved service provider” means a person who is certified by:

 

(i) The Administration to service, install, monitor, calibrate, and provide information on ignition interlock systems; and

 

(ii) A manufacturer to be qualified to service, install, monitor, calibrate, and provide information on ignition interlock systems.

 

(3) “Manufacturer” means a person who manufactures ignition interlock systems and who certifies that approved service providers are qualified to service, install, monitor, calibrate, and provide information on ignition interlock systems.

 

(4) “Participant” means a participant in the Ignition Interlock System Program.

 

(5) “Program” means the Ignition Interlock System Program.

 

(b) (1) The Administration shall establish an Ignition Interlock System Program in accordance with this section.

 

(2) The Administration shall establish a protocol for the Program by regulations that require certain minimum standards for all service providers who service, install, monitor, calibrate, and provide information on ignition interlock systems and include requirements that:

 

(i) A service provider who applies to the Administration for certification as an approved service provider shall demonstrate that the service provider is able to competently service, install, monitor, calibrate, and provide information to the Administration at least every 30 days on individuals required to use ignition interlock systems;

 

(ii) A service provider who applies to the Administration for certification as an approved service provider shall be certified by a signed affidavit from the manufacturer that the service provider has been trained by an authorized manufacturer and that the service provider is competent to service, install, monitor, calibrate, and provide information on ignition interlock systems;

 

(iii) Approved service providers be deemed to be authorized representatives of a manufacturer; and

 

(iv) Any service of notice upon an approved service provider, who has violated any laws or regulations or whose ignition interlock system has violated any laws or regulations, be deemed as service upon the manufacturer who certified the approved service provider.

 

(c) An individual may be a participant if:

 

(1) The individual’s license is suspended or revoked under § 16–205 of this title for a violation of § 21–902(a), (b), or (c) of this article or § 16–404 of this subtitle for an accumulation of points under § 16–402(a)(25) or (34) of this subtitle;

 

(2) The individual’s license has an alcohol restriction imposed under §16–113(g)(1) of this title; or

 

(3) The Administration modifies a suspension or issues a restrictive license to the individual under § 16–205.1 of this title.

 

(d) (1) (i) Notwithstanding subsection (c) of this section, an individual shall be a participant if the individual is convicted of a violation of § 21–902(a) of this article and had an alcohol concentration at the time of testing of 0.15 or more.

 

(ii) If an individual is subject to this paragraph and fails to participate in the Program or successfully complete the Program, the Administration shall suspend, notwithstanding § 16–208 of this title, the individual’s license until the individual successfully completes the Program.

 

(iii) Nothing contained in this paragraph limits the authority of the Administration to modify a suspension imposed under this paragraph to allow an individual to be a participant in accordance with subsection (e) or (o) of this section.

 

(2) (i) Notwithstanding subsection (c) of this section, an individual shall be a participant as a condition of modification of a suspension or revocation of a license or issuance of a restrictive license if the individual:

 

1. Is required to be a participant by a court order under §27–107 of this article;

 

2. Is convicted of a violation of § 21–902(a) or (b) of this article and within the preceding 5 years the individual has been convicted of any violation of § 21–902 of this article; or

 

3. Was under the age of 21 years on the date of a violation by the individual of:

 

A. An alcohol restriction imposed under § 16–113(b)(1) of this title; or

 

B. § 21–902(a), (b), or (c) of this article.

 

(ii) If an individual is subject to this paragraph and the individual fails to participate in the Program or does not successfully complete the Program, the Administration shall suspend the individual’s license for 1 year.

 

(iii) Nothing contained in this paragraph limits the authority of the Administration to modify a suspension imposed under this paragraph to allow an individual to be a participant in accordance with subsection (e) or (o) of this section.

 

(3) An individual who is subject to this subsection shall participate in the Program for:

 

(i) 6 months the first time the individual is required under this subsection to participate in the Program;

 

(ii) 1 year the second time the individual is required under this subsection to participate in the Program; and

 

(iii) 3 years the third or any subsequent time the individual is required under this subsection to participate in the Program.

(4) Paragraph (3) of this subsection does not limit a longer period of Program participation that is required by:

 

(i) A court order under § 27–107 of this article; or

 

(ii) The Administration in accordance with another provision of this title.

 

(e) If an individual subject to subsection (c) or (d) of this section does not initially become a participant:

 

(1) The individual may apply later to the Administration to be a participant; and

 

(2) The Administration may reconsider any suspension or revocation of the driver’s license of the individual arising out of the same circumstances and allow the individual to participate in the Program.

 

(f) (1) The Administration may:

 

(i) Issue a restrictive license to an individual who is a participant in the Program during the suspension period as provided under § 16–205 or § 16–205.1 of this title or § 16–404 of this subtitle;

 

(ii) Reinstate the driver’s license of a participant whose license has been revoked for a violation of § 21–902(a), (b), or (c) of this article or revoked for an accumulation of points under § 16–402(a)(34) of this subtitle for a violation of §21–902(a) of this article; and

 

(iii) Notwithstanding any other provision of law, impose on a participant a period of suspension in accordance with § 16–404(c)(2) and (3) of this subtitle in lieu of a license revocation for:

 

1. A violation of § 21–902(a), (b), or (c) of this article; or

 

2. An accumulation of points under § 16–402(a)(34) of this subtitle for a violation of § 21–902(a) of this article.

 

(2) A notice of suspension or revocation sent to an individual under this title shall include information about the Program and how individuals participate in the Program.

 

(3) The Administration shall establish a fee for the Program that is sufficient to cover the costs of the Program.

 

(g) Subject to § 27–107(g)(2) of this article, the Administration shall impose a restriction on the individual’s license that prohibits the individual from driving a motor

 

vehicle that is not equipped with an ignition interlock system for the period of time that the individual is required to participate in the Program under this section.

 

(h) A participant is considered to begin participation in the Program when the participant provides evidence of the installation of an ignition interlock system by an approved service provider in a manner required by the Administration.

 

(i) An individual whose license is suspended under § 16–404(c)(2)(iv) of this subtitle is a habitual offender whose license may not be reinstated unless the individual participates in the Program for at least 24 months.

 

(j) (1) For purposes of an ignition interlock system used under § 16–205(f) of this title, this section, 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.

 

(2) For purposes of an ignition interlock system used under this section, the Administration shall require the Program protocol adopted by the Administration.

 

(k) (1) An individual required to use an ignition interlock system under a court order or this section:

 

(i) Shall be monitored by the Administration; and

 

(ii) Except as provided in paragraph (2) of this subsection, shall pay the fee required by the Administration under subsection (f)(3) of this section.

 

(2) The Administration shall waive the fee required under this subsection for an individual who is indigent.

 

(l) A court order that requires the use of an ignition interlock system is not affected by § 16–404(c)(3) of this subtitle.

 

(m) If an individual participates in the Program under this section and participates in the Program in accordance with any other provision of law arising out of the same incident, the periods of participation in the Program shall be concurrent.

 

(n) If an individual successfully completes the Program and the individual’s license is not refused, revoked, suspended, or canceled under another provision of this article, the Administration shall immediately issue a license to the licensee.

 

(o) (1) Notwithstanding § 16–208 of this title, if the Administration removes an individual from the Program because the individual violated requirements of the Program, the Administration may allow the individual to reenter the Program after a period of 30 days from the date of removal.

 

(2) If an individual reenters the Program under this subsection, the individual shall participate in the Program for the entire period of time that was initially necessary for successful completion of the Program without any credit for the period of participation before the individual was removed from the Program.

 

(3) Nothing contained in paragraph (2) of this subsection limits a period of participation in the Program required under any other provision of this title or §27–107 of this article.

 

(p) A suspension or revocation of a license of an individual subject to subsection (c) or (d) of this section that is imposed as a result of the failure of the individual to participate in the Program or successfully complete the Program shall be concurrent with any other suspension or revocation arising out of the same incident for which the individual is subject to subsection (c) or (d) of this section.

 

(q) (1) If a person is convicted of any violation of § 21–902 of this article, the Administration shall include in the notice of proposed suspension or revocation a warning in bold conspicuous type that the person shall participate in the Program if the person is subsequently convicted of a violation of § 21–902(a) or (b) of this article as described in this section.

 

(2) At the time that the Administration issues a license to a person who is under the age of 21 years, the Administration shall provide to the person a written warning in bold conspicuous type that the person shall participate in the Program if the Administration finds the person violated the alcohol restriction on a driver under the age of 21 years or the person violated any provision of § 21–902 of this article.

 

(3) A person may not raise the absence of the warning described under this subsection or the failure to receive that warning as a basis for limiting the authority of the Administration to require that the person participate in the Program in accordance with this section.

 

 

 

§16–405. Adverse effects on employment of licensee.

 

Except as provided in §§ 16–205(e) and 16–205.1 of this title, 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) Modify the suspension or revocation.

 

§ 21-902. Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance.

(a)  Driving while under the influence of alcohol or under the influence of alcohol per se.-   
  
(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.  
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.  
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.  
  
(b)  Driving while impaired by alcohol.-   
  
(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.  
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.  
  
(c)  Driving while impaired by drugs or drugs and alcohol.-   
  
(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.  
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.  
(3) A person may not violate paragraph (1) of this subsection while transporting a minor.  
  
(d)  Driving while impaired by controlled dangerous substance.-   
  
(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.  
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.  
  
(e)  Crime committed in another jurisdiction.- For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section. 

[An. Code 1957, art. 661/2, § 11-902; 1977, ch. 14, § 2; 1980, ch. 144; 1981, ch. 242; 1988, ch. 562; 1993, ch. 308; 1995, ch. 498; 1996, ch. 652, § 2; 1997, ch. 451; 1999, ch. 347; 2001, chs. 4, 5, 483; 2002, ch. 213, § 6; 2003, chs. 243, 244, 246; 2004, ch. 335; 2005, chs. 482, 495, 496; 2006, chs. 219, 220; 2009, ch. 496; 2010, ch. 72.] 

 

21-902.1 Driving after arrest for violation of 21-902

 

(a) In this section, “arrestee” means a person who has been arrested for a violation of § 21902 of this subtitle or Title 2, Subtitle 5 or § 3211 of the Criminal Law Article.

 

(b) An arrestee may not drive a motor vehicle within 12 hours after the arrestee’s arrest for a violation of § 21902 of this subtitle or Title 2, Subtitle 5 or § 3211 of the Criminal Law Article.

 

21-903. Consumption of alcoholic beverages while driving on highway

(a) (1) In this section the following words have the meanings indicated.

(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.

(3) (i) “Passenger area” means an area that:

1. Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or

2. Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions.

(ii) “Passenger area” does not include:

1. A locked glove compartment;

2. The trunk of a motor vehicle; or

3. If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle.

(b) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.

(c) A driver of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.

(d) Notwithstanding Article 2B, Title 19 of the Code or any other provision of law, the prohibition contained in this section applies throughout the State.

 
 
     

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