MARYLAND TRANSPORTATION ART.

TITLE 16. VEHICLE LAWS -- DRIVERS' LICENSES

SUBTITLE 2.  CANCELLATION, REFUSAL, SUSPENSION, OR REVOCATION Md. TRANSPORTATION Code Ann. § 16-205.1  (2012)

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

(a) Definitions; implied consent to chemical test. --

(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) No compulsion to take chemical test; consequences of refusal. --

 (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. Except as provided in item 2 of this item, 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;

2. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing: A. For a first offense, suspend the driver's license for 90 days; or

B. For a second or subsequent offense, suspend the driver's license for 180 days; or

 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. Except as provided in item 2 of this item, 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;

 2. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing: A. For a first offense, suspend the person's driving privilege for 90 days; or

B. For a second or subsequent offense, suspend the person's driving privilege for 180 days; or

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

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

 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 administrative sanctions, including ineligibility for modification of a suspension or issuance of a restrictive license unless the person participates in the Ignition Interlock System Program under § 16-404.1 of this title, that shall be imposed for refusal to take the test and for test results indicating an alcohol concentration of 0.15 or more at the time of testing; and

(v) 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;

(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 the 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, the person submitted to the test which indicated an alcohol concentration of 0.08 or more at the time of testing, or the person submitted to the test which indicated an alcohol concentration of 0.15 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 or takes a test that indicates an alcohol concentration of 0.15 or more at the time of testing is ineligible for modification of a suspension or issuance of a restrictive license under subsection (o) of this section.

(c) Circumstances under which chemical tests required; administration; liability. --

(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) Procedure where individual incapable of refusing test. --

(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) Administration of tests. --

(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) Notice and hearing on refusal to take test; suspension of license or privilege to drive;

disqualification from driving commercial vehicles. --

(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. Except as provided in item 2 of this item, 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;

2. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing: A. For a first offense, for 90 days; or

B. For a second or subsequent offense, for 180 days; or

3. 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 a 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, as required under subsection (b)(2) of this section, of the administrative sanctions that shall be imposed;

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;

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, a test result indicating an alcohol concentration of 0.08 or more at the time of testing, or a test result indicating an alcohol concentration of 0.15 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, as required under subsection (b)(2) of this section, of the administrative sanctions that shall be imposed; 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. Except as provided in item 2 of this subparagraph, 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;

2. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing:

A. For a first offense, a suspension of 90 days; or

B. For a second or subsequent offense, a suspension of 180 days; or

3. 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.

(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) Withdrawal of initial refusal to take test; subsequent consent. --

(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;

and

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

(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) Multiple administrative offenses of refusal to take test or tests indicating alcohol concentration of 0.08 or more. -- 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) Restrictions upon drug or controlled dangerous substance testing. -- 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) Court review of suspension of license or privilege to drive or disqualification from driving commercial vehicles. -- 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) Further administrative sanctions. -- 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 arising out of the same occurrence.

(l) Effect of criminal charges. --

(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) Stay of suspension. --

(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) Modification of suspension for travel to and from place of employment. -- (1) This subsection applies only to a licensee:

(i) Who takes a test that indicates an alcohol concentration of at least 0.08 but less than 0.15; (ii) Whose license has not been suspended under this section during the past 5 years; and

(iii) Who has not been convicted under § 21-902 of this article during the past 5 years.

(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 alcohol prevention or treatment program;

(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 severely impaired;

(iv) The license is required 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 immediate family have no alternative means of transportation available to obtain the health care treatment; or

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

(o) Modification of suspension for participation in Ignition Interlock System Program. -- (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 less than 0.15 at the time of testing and who is ineligible for a modification of a suspension or issuance of a restrictive license under subsection (n) of this section.

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

(p) Summary suspension for failure to complete Ignition Interlock System Program. --

(1) If the Administration modifies 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) Exceptions. -- 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.

TRANSPORTATION

TITLE 16. VEHICLE LAWS -- DRIVERS' LICENSES

SUBTITLE 2.  CANCELLATION, REFUSAL, SUSPENSION, OR REVOCATION Md. TRANSPORTATION Code Ann. § 16-208.1  (2012)

§ 16-208.1. Disqualification from operating commercial motor vehicles

(a) Grounds. -- In addition to any suspensions or revocations of an individual's license or privilege to drive provided for in this title, if the individual holds a Class A, B, or C license

issued under § 16-815 of this title or is operating a commercial motor vehicle, the Administration shall disqualify the individual from operating a commercial motor vehicle if the convictions resulted from an offense or offenses that occurred in this State or any other state that would subject the individual to disqualification under § 16-812 of this title.

(b) Duration. -- Any disqualification imposed under subsection (a) of this section shall be for the period of time provided in § 16-812 of this title.

(c) Issuance of noncommercial license; restriction. -- If an individual has been disqualified from operating a commercial motor vehicle pursuant to subsection (a) of this section, but that individual is otherwise eligible for a license or privilege to operate vehicles other than commercial motor vehicles, the Administration may issue a noncommercial driver's license to that individual.

(d) Issuance of commercial license -- Restriction. -- The Administration may not issue a commercial driver's license to an individual until the disqualification imposed under subsection (a) of this section has expired.

(e) Disqualification. -- Notwithstanding any law to the contrary, if an individual has been disqualified from driving a commercial motor vehicle under the provisions of § 16-812(i) of this title, that individual may not drive a commercial motor vehicle as defined in § 16-812(i) until the period of disqualification is completed and the individual is issued a commercial driver's license by the Administration.

TRANSPORTATION

TITLE 16. VEHICLE LAWS -- DRIVERS' LICENSES

SUBTITLE 4.  REFUSAL, SUSPENSION, AND REVOCATION UNDER POINT SYSTEM Md. TRANSPORTATION Code Ann. § 16-405  (2012)

§ 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.

BREATH TESTING

COURTS AND JUDICIAL PROCEEDINGS TITLE 10.  EVIDENCE

SUBTITLE 3.  MOTOR VEHICLE LAWS

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-303  (2012)

§ 10-303. Chemical test for alcohol, drug or controlled dangerous substance content -- Specimens; time limitations

(a) Alcohol concentration. --

(1) A specimen of breath or 1 specimen of blood may be taken for the purpose of a test for determining alcohol concentration.

(2) For the purpose of a test for determining alcohol concentration, the specimen of breath or blood shall be taken within 2 hours after the person accused is apprehended.

(b) Drug or controlled dangerous substance content. --

(1) Only 1 specimen of blood may be taken for the purpose of a test or tests for determining the drug or controlled dangerous substance content of the person's blood.

(2) For the purpose of a test or tests for determining drug or controlled dangerous substance content of the person's blood, the specimen of blood shall be taken within 4 hours after the person accused is apprehended.

COURTS AND JUDICIAL PROCEEDINGS TITLE 10.  EVIDENCE

SUBTITLE 3.  MOTOR VEHICLE LAWS

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-304  (2012)

§ 10-304. Chemical test for alcohol, drug or controlled dangerous substance content -- Qualifications of person administering test; equipment

(a) Definitions. --

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

(2) "Qualified medical person" means any person permitted by law to withdraw blood from humans.

(3) "Qualified person" means a person who has received training in the use of the equipment in a training program approved by the toxicologist under the Postmortem Examiners Commission and who is either a police officer, a police employee, an employee of the office of the Chief Medical Examiner, or a person authorized by the toxicologist under the Postmortem Examiners Commission.

(b) Breath test. --

(1) The test of breath shall be administered by a qualified person with equipment approved by the toxicologist under the Postmortem Examiners Commission at the direction of a police officer.

(2) The officer arresting the individual may not administer the test of breath. (c) Blood test evidence; notices. --

(1) (i) The blood shall be obtained by a qualified medical person using equipment approved by the toxicologist under the Postmortem Examiners Commission acting at the request of a police officer.

(ii) A certified statement by the qualified medical person who obtained the blood shall be prima facie evidence of that person's qualifications and that the blood was obtained in compliance with this section.

(iii) 1. A certified statement that complies with the requirements of this paragraph is admissible as substantive evidence without the presence or testimony of the qualified medical person who obtained the blood.

2. If the State decides to offer the certified statement without the testimony of the qualified medical person, the State shall, at least 30 days before trial, notify the defendant or the defendant's attorney in writing of the State's intention and deliver to the defendant or the defendant's attorney a copy of the certified statement to be offered.

3. If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to a circuit court, the State is not required to file a second notice.

(iv) 1. If the defendant desires the qualified medical person to be present and testify at trial, the defendant shall notify the court and the State in writing no later than 20 days before trial.

2. If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to a circuit court, the defendant shall notify the circuit court and the State in writing no later than 20 days before trial.

3. If the timely and proper notice required under this subparagraph is provided by the defendant, the certified statement is inadmissible without the testimony of the qualified medical person.

4. Failure to give the timely and proper notice constitutes a waiver of the defendant's right to the presence and testimony of the qualified medical person.

(2) The test of blood shall be conducted by a qualified person using equipment approved by the toxicologist under the Postmortem Examiners Commission in a laboratory approved by the toxicologist.

(d) Proof of approved equipment; subpoena for toxicologist. --

(1) For the purpose of establishing that the test of breath or blood was administered with equipment approved by the toxicologist under the Postmortem Examiners Commission, a statement signed by the toxicologist certifying that the equipment used in the test has been approved by him shall be prima facie evidence of the approval, and the statement is admissible in evidence without the necessity of the toxicologist personally appearing in court.

(2) (i) If a defendant desires the toxicologist to be present and testify at trial as a witness, the defendant shall file a request for a subpoena for the toxicologist at least 20 days before the trial in the appropriate court.

(ii) If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to the circuit court, another subpoena must be filed at least 20 days before the trial in the circuit court.

(iii) If a trial date is postponed for any reason beyond 30 days from the trial date for which the subpoena was issued, the defendant shall file a new subpoena for the toxicologist.

(iv) In addition to the requirements of Maryland Rules 4-265 and 4-266, the subpoena shall contain the name, address, and telephone number of the defendant or the defendant's attorney.

(3) A subpoena for the toxicologist may be quashed if a defendant fails to comply with the requirements of this subsection.

(4) A motion to quash a defendant's subpoena may be filed by any party or by the Attorney

General.

(e) Physician of accused's choosing; accused may request test. -- The person tested is permitted to have a physician of the person's own choosing administer tests in addition to the one

administered at the direction of the police officer, and in the event no test is offered or requested by the police officer, the person may request, and the officer shall have administered, one or more of the tests provided for in this section.

(f) Date of certificate or change in equipment. -- Nothing in this section precludes the right to introduce any other competent evidence bearing upon the date of the certificate or change in the equipment since the date of the certificate.

COURTS AND JUDICIAL PROCEEDINGS TITLE 10.  EVIDENCE

SUBTITLE 3.  MOTOR VEHICLE LAWS

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-305  (2012)

§ 10-305. Chemical test for alcohol, drug or controlled dangerous substance content -- Type of test administered

(a) Alcohol content. -- The type of test administered to the defendant to determine alcohol concentration shall be the test of breath except that the type of test administered shall be:

(1) A test of blood if:

(i) The defendant is unconscious or otherwise incapable of refusing to take a test to determine alcohol concentration;

(ii) Injuries to the defendant require removal of the defendant to a medical facility; (iii) The equipment for administering the test of breath is not available; or

(iv) The defendant is required to submit to a test of one specimen of blood under §

16-205.1(c)(1)(ii) of the Transportation Article; or

(2) Both a test of the person's breath and a test of one specimen of the person's blood if the defendant is required to submit to both a test of the person's breath and a test of one specimen of the person's blood under § 16-205.1(c)(1)(iii) of the Transportation Article.

(b) Drug or controlled dangerous substance content. -- The type of specimen obtained from the defendant for the purpose of a test or tests to determine drug or controlled dangerous substance content shall be a blood specimen.

(c) Person incapable of test refusal. -- Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.

COURTS AND JUDICIAL PROCEEDINGS TITLE 10.  EVIDENCE

SUBTITLE 3.  MOTOR VEHICLE LAWS

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-306  (2012)

§ 10-306. Chemical test for alcohol, drug or controlled dangerous substance content -- Admissibility of test results without presence or testimony of technician

 (a) In general. --

(1) (i) Subject to the provisions of paragraph (2) of this subsection, in any criminal trial in which a violation of § 16-113, § 16-813, or § 21-902 of the Transportation Article, or a violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article is charged or is an issue, a copy of a report of the results of a test of breath or blood to determine alcohol concentration signed by the technician or analyst who performed the test, is admissible as substantive evidence without the presence or testimony of the technician or analyst who performed the test.

(ii) Subject to the provisions of § 10-308(b) of this subtitle and paragraph (2) of this subsection, in any criminal trial in which a violation of § 21-902 of the Transportation Article or a violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article is charged, a

copy of a report of the results of a test or tests of blood to determine drug or controlled dangerous substance content signed by the technician or analyst who performed the test, is admissible as substantive evidence without the presence or testimony of the technician or analyst who performed the test.

(2) To be admissible under paragraph (1) of this subsection, the report shall:

(i) Identify the technician or analyst as a "qualified person", as defined in § 10-304 of this subtitle;

(ii) State that the test was performed with equipment approved by the toxicologist under the

Postmortem Examiners Commission at the direction of a police officer; and

(iii) State that the result of the test is as stated in the report. (b) Notices. --

(1) (i) Test results which comply with the requirements of subsection (a) of this section are admissible as substantive evidence without the presence or testimony of the technician or analyst who administered the test.

(ii) However, if the State decides to offer the test results without the testimony of the

technician or analyst, it shall, at least 30 days before trial, notify the defendant or his attorney in writing of its intention and deliver to the defendant or his attorney a copy of the test results to be offered.

(iii) If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to the circuit court, the State is not required to file a second notice.

(2) (i) If the defendant desires the technician or analyst to be present and testify at trial, the defendant shall notify the court and the State in writing no later than 20 days before trial.

(ii) If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to a circuit court, the defendant shall notify the circuit court and the State in writing no later than 20 days before trial.

(iii) If the timely and proper notice required under this paragraph is provided by the defendant, the test results are inadmissible without the testimony of the technician or analyst.

(3) Failure to give timely and proper notice constitutes a waiver of the defendant's right to the presence and testimony of the technician or analyst.

COURTS AND JUDICIAL PROCEEDINGS TITLE 10.  EVIDENCE

SUBTITLE 3.  MOTOR VEHICLE LAWS

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-307  (2012)

§ 10-307. Chemical test for alcohol, drug or controlled dangerous substance content -- Results of analysis and presumptions

(a) In general. --

(1) In any criminal, juvenile, or civil proceeding in which a person is alleged to have committed an act that would constitute a violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, or with driving or attempting to drive a vehicle in violation of §

16-113, § 16-813, or § 21-902 of the Transportation Article, the amount of alcohol in the person's breath or blood shown by analysis as provided in this subtitle is admissible in evidence and has the effect set forth in subsections (b) through (g) of this section.

(2) Alcohol concentration as used in this section shall be measured by: (i) Grams of alcohol per 100 milliliters of blood; or

(ii) Grams of alcohol per 210 liters of breath.

(3) If the amount of alcohol in the person's blood shown by analysis as provided in this subtitle is measured by milligrams of alcohol per deciliters 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.

(b) Alcohol concentration of 0.05 or less. -- If at the time of testing a person has an alcohol concentration of 0.05 or less, as determined by an analysis of the person's blood or breath, it shall be presumed that the person was not under the influence of alcohol and that the person was not driving while impaired by alcohol.

(c) Alcohol concentration of more than 0.05 but less than 0.07. -- If at the time of testing a person has an alcohol concentration of more than 0.05 but less than 0.07, as determined by an analysis of the person's blood or breath, this fact may not give rise to any presumption that the person was or was not under the influence of alcohol or that the person was or was not driving while impaired

by alcohol, but this fact may be considered with other competent evidence in determining whether the person was or was not driving while under the influence of alcohol or driving while impaired by alcohol.

(d) Prima facie evidence of impairment. -- If at the time of testing a person has an alcohol concentration of at least 0.07 but less than 0.08, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving while impaired by alcohol.

(e) Prima facie evidence of alcohol in blood. -- If at the time of testing a person has an alcohol concentration of 0.02 or more, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving with alcohol in the person's blood.

(f) Prima facie evidence of violation of § 16-113 of the Transportation Article. -- If at the time of testing a person has an alcohol concentration of 0.02 or more, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving in violation of an alcohol restriction under § 16-113 of the Transportation Article.

(g) Under the influence of alcohol per se. -- If at the time of testing a person has an alcohol concentration of 0.08 or more, as determined by an analysis of the person's blood or breath, the person shall be considered under the influence of alcohol per se as defined in § 11-174.1 of the Transportation Article.

COURTS AND JUDICIAL PROCEEDINGS TITLE 10.  EVIDENCE

SUBTITLE 3.  MOTOR VEHICLE LAWS

 Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-308  (2012)

§ 10-308. Chemical test for alcohol, drug or controlled dangerous substance content -- Other evidence

 (a) In general. -- The evidence of the analysis does not limit the introduction of other evidence bearing upon whether the defendant was under the influence of alcohol or whether the defendant was 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 cannot drive a vehicle safely, or while impaired by a controlled dangerous substance.

(b) Drug or controlled dangerous substance content. -- The results of a test or tests to determine the drug or controlled dangerous substance content of a person's blood:

(1) Are admissible as evidence in a criminal trial only in a prosecution for a violation of §

21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article and only if other admissible evidence is introduced that creates an inference that the person was:

(i) Driving or attempting to drive 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; or

(ii) Operating or attempting to operate a vessel while the person was 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 operate a vessel safely, or while impaired by a controlled dangerous substance; and

(2) Are not admissible in a prosecution other than a prosecution for a violation of § 21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, §

2-209, or § 3-211 of the Criminal Law Article.

COURTS AND JUDICIAL PROCEEDINGS TITLE 10.  EVIDENCE

SUBTITLE 3.  MOTOR VEHICLE LAWS

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-309  (2012)

§ 10-309. Chemical test for alcohol, drug or controlled dangerous substance content -- Refusal to submit to test

 (a) Test not compulsory. --

(1) (i) Except as provided in § 16-205.1(c) of the Transportation Article or § 8-738.1 of the Natural Resources Article, a person may not be compelled to submit to a test or tests provided for in this subtitle.

(ii) Evidence of a test or analysis provided for in this subtitle is not admissible in a prosecution for a violation of § 16-113 or § 21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article if obtained contrary to the provisions of this subtitle.

(2) The fact of refusal to submit is admissible in evidence at the trial.

(b) Consequences of refusal. -- This section does not limit the provisions of the vehicle laws regarding the consequences of refusal to submit to a test or tests.

(c) Extent of limits on admissibility of analysis. -- Nothing in this section precludes or limits the admissibility of evidence of a test or analysis to determine the alcohol concentration of a person's blood or breath in any prosecution other than for a violation of § 16-113 or § 21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2-209,

or § 3-211 of the Criminal Law Article.

(d) Analysis obtained under TR § 16-205.1. -- Nothing in this section precludes or limits admissibility of evidence of a test or analysis to determine the alcohol concentration of a person's blood or breath which is obtained as provided in § 16-205.1(c) of the Transportation Article or §

8-738.1 of the Natural Resources Article.

 TRANSPORTATION

TITLE 21.  VEHICLE LAWS -- RULES OF THE ROAD

SUBTITLE 9.  RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE

Md. TRANSPORTATION Code Ann. § 21-902  (2012)

§ 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.

PENALTIES

TRANSPORTATION

TITLE 27.  VEHICLE LAWS -- PENALTIES; DISPOSITION OF FINES AND FORFEITURES Md. TRANSPORTATION Code Ann. § 27-101  (2012)

§ 27-101. Penalties for misdemeanor

 (a) Violation of vehicle laws a misdemeanor. -- It is a misdemeanor for any person to violate any of the provisions of the Maryland Vehicle Law unless the violation:

(1) Is declared to be a felony by the Maryland Vehicle Law or by any other law of this State; or

(2) Is punishable by a civil penalty under the applicable provision of the Maryland Vehicle

Law.

(b) Penalties -- $500. -- Except as otherwise provided in this section, any person convicted of a misdemeanor for the violation of any of the provisions of the Maryland Vehicle Law is subject to a fine of not more than $ 500.

(c) Penalties -- $500 and 2 months. -- Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $ 500 or imprisonment for not more than 2 months or both:

(1) § 12-301(e) or (f) ("Special identification cards: Unlawful use of identification card prohibited");

(2) § 14-102 ("Taking or driving vehicle without consent of owner"); (3) § 14-104 ("Damaging or tampering with vehicle");

(4) § 14-107 ("Removed, falsified, or unauthorized identification number or registration card or plate");

(5) § 14-110 ("Altered or forged documents and plates");

(6) § 15-312 ("Dealers: Prohibited acts -- Vehicle sales transactions"); (7) § 15-313 ("Dealers: Prohibited acts -- Advertising practices");

(8) § 15-314 ("Dealers: Prohibited acts -- Violation of licensing laws"); (9) § 15-411 ("Vehicle salesmen: Prohibited acts");

(10) § 15-502(c) ("Storage of certain vehicles by unlicensed persons prohibited"); (11) § 16-113(j) ("Violation of alcohol restriction");

(12) § 16-301, except § 16-301(a) or (b) ("Unlawful use of license");

(13) § 16-303(h) ("Licenses suspended under certain provisions of Code");

(14) § 16-303(i) ("Licenses suspended under certain provisions of the traffic laws or regulations of another state");

(15) § 18-106 ("Unauthorized use of rented motor vehicle");

(16) § 20-103 ("Driver to remain at scene -- Accidents resulting only in damage to attended vehicle or property");

(17) § 20-104 ("Duty to give information and render aid");

(18) § 20-105 ("Duty on striking unattended vehicle or other property"); (19) § 20-108 ("False reports prohibited");

(20) § 21-206 ("Interference with traffic control devices or railroad signs and signals");

(21) As to a pedestrian in a marked crosswalk, § 21-502(a) ("Pedestrians' right-of-way in crosswalks: In general"), if the violation contributes to an accident;

(22) As to another vehicle stopped at a marked crosswalk, § 21-502(c) ("Passing of vehicle stopped for pedestrian prohibited"), if the violation contributes to an accident;

(23) Except as provided in subsections (f) and (q) of this section, § 21-902(b) ("Driving while impaired by alcohol");

(24) Except as provided in subsections (f) and (q) of this section, § 21-902(c) ("Driving while impaired by drugs or drugs and alcohol");

(25) § 21-902.1 ("Driving within 12 hours after arrest"); or

(26) § 27-107(d), (e), (f), or (g) ("Prohibited acts -- Ignition interlock systems").

(d) Penalties -- $500 and 6 months. -- Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $ 500 or imprisonment for not more than 6 months or both:

(1) § 18-104 ("Renting motor vehicle with incorrect odometer");

(2) § 22-405.1 ("Regrooved tires");

(3) § 22-415 ("Tampering with or altering odometer"); or

(4) For each vehicle for which there is a violation, § 23-109 ("Inspections of used vehicles and warnings for defective equipment: Prohibited activities").

(e) Penalties -- $1,000 and 6 months; $2,000 and 1 year. -- Any person who is convicted of a violation of any of the provisions of § 21-1411 of this article ("Transportation of hazardous materials") is subject to:

(1) For a first offense, a fine of not more than $ 1,000 or imprisonment for not more than 6 months or both; and

(2) For any subsequent offense, a fine of not more than $ 2,000 or imprisonment for not more than 1 year or both.

(f) Penalties -- $500 and 1 year; prior conviction of § 21-902(a). --

(1) A person is subject to a fine not exceeding $ 500 or imprisonment not exceeding 1 year or both, if the person is convicted of:

(i) A violation of § 14-103 of this article ("Possession of motor vehicle master key"); or

(ii) Except as provided in subsection (q) of this section, a second or subsequent violation of:

1. § 21-902(b) of this article ("Driving while impaired by alcohol"); or

2. § 21-902(c) of this article ("Driving while impaired by drugs or drugs and alcohol").

(2) Except as provided in subsection (q) of this section, for the purpose of second or subsequent offender penalties for a violation of § 21-902(b) of this article provided under paragraph (1) of

this subsection, a prior conviction of § 21-902(a), (c), or (d) of this article shall be considered a conviction of § 21-902(b) of this article.

(3) Except as provided in subsection (q) of this section, for the purpose of second or subsequent offender penalties for a violation of § 21-902(c) of this article provided under paragraph (1) of

this subsection, a prior conviction of § 21-902(a), (b), or (d) of this article shall be considered a conviction of § 21-902(c) of this article.

(g) Penalties -- $1,000. -- Any person who is convicted of a violation of any of the following sections of this article is subject to a fine of not more than $ 1,000:

(1) § 13-704 ("Fraud in application");

(2) § 21-706 ("Overtaking and passing school vehicle"); or

(3) § 21-901.1(a) ("Reckless driving").

(h) Penalties -- $1,000 and 1 year; $1,000 and 2 years. -- Any person who is convicted of a violation of any of the provisions of § 16-113(k) of this article ("Ignition Interlock System Program participant driving vehicle without ignition interlock"), § 16-303(a), (b), (c), (d), (e), (f), or (g) of this article ("Driving while license is canceled, suspended, refused, or revoked"), §

17-107 of this article ("Prohibitions"), or § 17-110 of this article ("Providing false evidence of required security") is subject to:

(1) For a first offense, a fine of not more than $ 1,000, or imprisonment for not more than 1 year, or both; and

(2) For any subsequent offense, a fine of not more than $ 1,000, or imprisonment for not more than 2 years, or both.

(i) Penalties -- $1,000 and 6 months; $2,000 and 1 year. -- Any person who is convicted of a violation of any of the provisions of § 15-402 of this article ("Vehicle salesman's license required") or § 15-502(a) of this article ("Automotive dismantler and recycler or scrap processor

-- License required") is subject to:

(1) For a first offense, a fine of not more than $ 1,000 or imprisonment for not more than 6 months or both; and

(2) For any subsequent offense, a fine of not more than $ 2,000 or imprisonment for not more than 1 year or both.

(j) Mandatory minimum penalty. --

(1) In this subsection, "imprisonment" includes confinement in: (i) An inpatient rehabilitation or treatment center; or

(ii) Home detention that includes electronic monitoring for the purpose of participating in an alcohol treatment program that is:

1. Certified by the Department of Health and Mental Hygiene;

2. Certified by an agency in an adjacent state that has powers and duties similar to the

Department of Health and Mental Hygiene; or

3. Approved by the court.

(2) (i) A person who is convicted of a violation of § 21-902(a) of this article within 5 years

after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

(ii) A person who is convicted of a third or subsequent offense under § 21-902(a) of this article within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

(3) (i) A person who is convicted of a violation of § 21-902(d) of this article within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

(ii) A person who is convicted of a third or subsequent offense under § 21-902(d) of this article within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

(4) A person who is convicted of an offense under § 21-902(a) of this article within 5 years of a prior conviction of any offense under that subsection shall be required by the court to:

(i) Undergo a comprehensive alcohol abuse assessment; and

(ii) If recommended at the conclusion of the assessment, participate in an alcohol program as ordered by the court that is:

1. Certified by the Department of Health and Mental Hygiene;

2. Certified by an agency in an adjacent state that has powers and duties similar to the

Department of Health and Mental Hygiene; or

3. Approved by the court.

(5) A person who is convicted of an offense under § 21-902(d) of this article within 5 years of a prior conviction of any offense under that subsection shall be required by the court to:

(i) Undergo a comprehensive drug abuse assessment; and

(ii) If recommended at the conclusion of the assessment, participate in a drug program as ordered by the court that is:

1. Certified by the Department of Health and Mental Hygiene;

2. Certified by an agency in an adjacent state that has powers and duties similar to the

Department of Health and Mental Hygiene; or

3. Approved by the court.

(6) The penalties provided by this subsection are mandatory and are not subject to suspension or probation.

(k) Violation of § 21-902(a). --

(1) Except as provided in subsection (q) of this section, any person who is convicted of a violation of any of the provisions of § 21-902(a) of this article ("Driving while under the influence of alcohol or under the influence of alcohol per se") or § 21-902(d) of this article ("Driving while impaired by controlled dangerous substance"):

(i) For a first offense, shall be subject to a fine of not more than $ 1,000, or imprisonment for not more than 1 year, or both;

(ii) For a second offense, shall be subject to a fine of not more than $ 2,000, or imprisonment for not more than 2 years, or both; and

(iii) For a third or subsequent offense, shall be subject to a fine of not more than $ 3,000, or imprisonment for not more than 3 years, or both.

(2) For the purpose of second or subsequent offender penalties for violation of § 21-902(a) of this article provided under this subsection, a prior conviction under § 21-902(b), (c), or (d) of this article, within 5 years of the conviction for a violation of § 21-902(a) of this article, shall be considered a conviction under § 21-902(a) of this article.

(3) For the purpose of second or subsequent offender penalties for violation of § 21-902(d) of this article provided under this subsection, a prior conviction under § 21-902(a), (b), or (c) of this article, within 5 years of the conviction for a violation of § 21-902(d) of this article, shall be considered a conviction under § 21-902(d) of this article.

(l) Violation of § 22-409, § 23-403, § 24-111, § 24-111.1, or § 25-111. -- Any person who is convicted of a violation of any of the provisions of § 22-409 of this article ("Transportation of hazardous materials"), § 23-403(b) of this article (Obeying signs to stop for a diesel emissions test), § 24-111(d) or (e) of this article (Obeying signs to stop for inspection), § 24-111.1(b), (d)(2), or (e)(2) of this article (Overweight vehicles), or § 25-111 of this article (Motor carrier safety violations) is subject to a fine of:

(1) Not more than $ 1,000 for a first offense;

(2) Not more than $ 2,000 for a second offense; and

(3) Not more than $ 3,000 for a third or subsequent offense.

(m) Violation of § 21-802.1. -- Any person who is convicted of a violation of any of the provisions of § 21-802.1 of this article (Exceeding speed limit within highway work zone) is subject to a fine of not more than $ 1,000.

(n) Other specific penalties to prevail. -- If a different penalty for the violation of any provision of the Maryland Vehicle Law is provided for in the Maryland Vehicle Law or in any other law of

this State, the specific penalty prevails over the penalty provided for in this section. (o) Violation of § 20-102. --

(1) Any person who is convicted of a violation of § 20-102(a) of this article is subject to a fine of not more than $ 3,000 or imprisonment for not more than 1 year or both.

(2) Any person who is convicted of a violation of § 20-102(b) of this article is subject to a fine of not more than $ 5,000 or imprisonment for not more than 5 years or both.

(p) Violation of § 21-904. --

(1) Except as otherwise provided in this subsection, any person who is convicted of a violation of any of the provisions of § 21-904 of this article ("Fleeing or eluding police") is subject to:

(i) For a first offense, a fine of not more than $ 1,000, or imprisonment for not more than 1 year, or both; and

(ii) For any subsequent offense, a fine of not more than $ 1,000, or imprisonment for not more than 2 years, or both.

(2) Any person who is convicted of a violation of § 21-904(d)(1) of this article is subject to a fine of not more than $ 5,000, or imprisonment for not more than 3 years, or both.

(3) Any person who is convicted of a violation of § 21-904(d)(2) of this article is subject to a fine of not more than $ 5,000, or imprisonment for not more than 10 years, or both.

(4) Any person who is convicted of a violation of § 21-904(e) of this article is subject to a fine of not more than $ 5,000, or imprisonment for not more than 3 years, or both.

(q) Violation of § 21-902. --

(1) Any person who is convicted of a violation of § 21-902(a)(3) or (d)(2) of this article is subject to:

(i) For a first offense, a fine of not more than $ 2,000 or imprisonment for not more than 2 years or both;

(ii) For a second offense, a fine of not more than $ 3,000 or imprisonment for not more than 3 years or both; and

(iii) For a third or subsequent offense, a fine of not more than $ 4,000 or imprisonment for not more than 4 years or both.

(2) Any person who is convicted of a violation of § 21-902(b)(2) or (c)(3) of this article is subject to:

(i) For a first offense, a fine of not more than $ 1,000 or imprisonment for not more than 6 months or both; and

(ii) For a second or subsequent offense, a fine of not more than $ 2,000 or imprisonment for not more than 1 year or both.

(3) For the purpose of determining second or subsequent offender penalties provided under this subsection, a prior conviction of any provision of § 21-902 of this article that subjected a person to the penalties under this subsection shall be considered a prior conviction.

(r) Fine. -- Any person who is convicted of a violation of § 21-803.1(e) of this article (Fines doubled for speeding within school zones) is subject to a fine of not more than $ 1,000.

(s) Violation of § 16-808 or § 16-813.1. --

(1) Any person who is convicted of a violation of § 16-808(a) of this article is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 10,000 or both.

(2) Any person who is convicted of a violation of § 16-808(c) of this article is subject to:

(i) For a first offense, a fine of not more than $ 1,000 or imprisonment for not more than 6 months or both;

(ii) For a second offense, a fine of not more than $ 2,000 or imprisonment for not more than 1 year or both; and

(iii) For a third or subsequent offense, a fine of not more than $ 3,000 or imprisonment for not more than 2 years or both.

(3) Any person who is convicted of a violation of § 16-813.1 of this article is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 10,000 or both.

(t) Violation of § 16-807(a) or § 16-815(e). -- Except as provided in subsection (f) of this section, any person who is convicted of a violation of any provisions of § 16-807(a) of this article ("Commercial driver's license requirements") or § 16-815(e) of this article ("Additional endorsements") is subject to:

(1) For a first offense, a fine of not more than $ 500 or imprisonment for not more than 2 months or both;

(2) For a second offense, a fine of not more than $ 1,000 or imprisonment for not more than 6 months or both; and

(3) For a third or subsequent offense, a fine of not more than $ 2,000 or imprisonment for not more than 1 year or both.

(u) Violation of § 24-112. -- Any person who is convicted of a violation of § 24-112 of this article is subject to:

(1) For the first offense, a fine of not more than $ 1,000;

(2) For a second offense, a fine of not more than $ 2,000; and

(3) For a third or subsequent offense, a fine of not more than $ 3,000.

(v) Violation of § 15-302. -- Any person who is convicted of a violation of § 15-302 of this article is subject to a fine of not more than $ 5,000 or imprisonment for not more than 1 year or both.

(w) Violations of § 21-1003(j). -- Any person who is convicted of committing a violation of §

21-1003(j) of this article while operating a commercial motor vehicle in Anne Arundel County is subject to:

(1) For a first offense, a fine of $ 100;

(2) For a second offense, a fine of $ 250; and

(3) For a third or subsequent offense, a fine of $ 500. (x) Enhanced penalties. --

(1) In this section, "test" has the meaning stated in § 16-205.1 of this article.

(2) The penalties in this subsection are in addition to any other penalty under this title imposed for a violation of § 21-902 of this article.

(3) Subject to paragraph (4) of this subsection, if a person is convicted of a violation of §

21-902 of this article and the trier of fact finds beyond a reasonable doubt that the person knowingly refused to take a test arising out of the same circumstances as the violation, the person is subject to a fine of not more than $ 500 or imprisonment for not more than 2 months or both.

(4) A court may not impose an additional penalty under this subsection unless the State's Attorney serves notice of the alleged test refusal on the defendant or the defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial in a circuit court or 5 days before trial in the District Court, whichever is earlier.

(y) Violation of § 16-101. -- Any person who is convicted of a violation of § 16-101 of this article ("Drivers must be licensed") is subject to:

(1) For a first offense, a fine of not more than $ 500 or imprisonment for not more than 60 days or both; and

(2) For a second or subsequent offense, a fine of not more than $ 500 or imprisonment for not more than 1 year or both.

(z) Violation of § 21-1126 or § 21-1127. -- Any person who is convicted of a violation of §

21-1126 or § 21-1127 of this article is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

(aa) Violation of § 22-611. -- Any person who is convicted of a violation of § 22-611 of this article is subject to:

(1) For a first offense, a fine of not less than $ 250 and not more than $ 1,000; and

(2) For a second or subsequent offense, a fine of not less than $ 500 and not more than $ 1,000. (bb) Violation of § 24-107. -- Any person who is convicted of a violation of § 24-107 of this

article that results in serious bodily injury as defined in § 27-113 of this title or death is subject to a fine of not more than $ 1,000.

(cc) Violation of § 12-301(c) or (d) or § 16-301(a) or (b). -- Any person who is convicted of a violation of § 12-301(c) or (d) of this article ("Fraud or misrepresentation in obtaining or application for an identification card") or § 16-301(a) or (b) of this article ("Fraud or misrepresentation in obtaining or application for a license") is subject to a fine of not more than $

2,500 or imprisonment for not more than 3 years or both. (dd) Penalty. --

(1) Any person who is convicted of a violation of § 21-1128 of this article is subject to a fine of not more than $ 1,000 or imprisonment for not more than 90 days or both.

(2) (i) Subject to subparagraph (ii) of this paragraph and notwithstanding any other law, if a minor is the defendant or child respondent in a proceeding under § 21-1128 of this article, the court may order that a fine imposed under this subsection be paid by:

1. The minor;

2. The parent or guardian of the minor; or

3. Both the minor and the minor's parent or guardian.

(ii) 1. A court may not order a parent or guardian of a minor to pay a fine under this paragraph unless the parent or guardian has been given a reasonable opportunity to be heard and to present evidence.

2. A hearing under this subparagraph may be held as part of the sentencing or disposition hearing.

(ee) Violation of § 21-1116(a). -- Any person who is convicted of a violation of § 21-1116(a) of this article that results in serious bodily injury to another person as defined in § 27-113 of this title is subject to a fine of not more than $ 1,000 or imprisonment for not more than 1 year or both.

TRANSPORTATION

TITLE 16. VEHICLE LAWS -- DRIVERS' LICENSES

SUBTITLE 2.  CANCELLATION, REFUSAL, SUSPENSION, OR REVOCATION Md. TRANSPORTATION Code Ann. § 16-206  (2012)

§ 16-206. Authority of Administration to suspend, revoke, or refuse license

(a) Grounds for suspension, revocation, or refusal. --

(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) Child subject to suspension or revocation under § 3-8A-23 of the Courts Article; consolidated hearings. --

(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) Child subject to suspension under § 3-8A-19(e) of the Courts and Judicial Proceedings

Article; person subject to suspension under § 10-119(k) of the Criminal Law Article. --

(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) Notice and hearing. --

(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) Failure to appear for hearing; rescheduling. --

(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) Notice and hearing. -- 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.

POINTS

TRANSPORTATION

TITLE 16. VEHICLE LAWS -- DRIVERS' LICENSES

SUBTITLE 4.  REFUSAL, SUSPENSION, AND REVOCATION UNDER POINT SYSTEM Md. TRANSPORTATION Code Ann. § 16-402  (2012)

§ 16-402. Assessment of points

 (a) Points enumerated. -- After the conviction of an individual for a violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, or of the vehicle laws or regulations of this State or of any local authority, points shall be assessed against the individual as of the date of violation and as follows:

(1) Any moving violation not listed below and not contributing to an accident................................................................1 point

(2) Following another vehicle too closely........................2 points

(3) Speeding in excess of the posted speed limit by 10 miles an hour or more...................................................................2 points

(4) Driving with an improper class of license....................2 points

(5) Failing to stop for a school vehicle with activated alternately flashing red lights....................................................3 points

(6) Any violation of § 21-1111 of this article...................2 points

(7) Passing an emergency or police vehicle under the provisions of  §

21-405(d) of this article..............................................2 points

(8) A violation of § 21-511(a) of this article...................2 points

(9) Failure to stop a vehicle for a steady red traffic signal in violation of § 21-202 of this article or a nonfunctioning traffic control signal in violation of § 21-209 of this article........................2 points

(10) Operating a limousine in violation of § 21-1127(a) of this article..

.......................................................................2 points

(11) Any moving violation contributing to an accident............3 points

(12) Any violation of § 16-303(h) or (i) of this title...........3 points

(13) Any violation, except violations committed on the John F. Kennedy

Memorial Highway, of § 21-1411 of this article.........................3 points

(14) Speeding in excess of the posted speed limit by 30 miles an hour or more...................................................................5 points

(15) Driving while not licensed..................................5 points

(16) Failure to report an accident...............................5 points

(17) Driving on a learner's permit unaccompanied.................5 points

(18) Any violation of § 17-107 of this article...................5 points

(19) Participating in a race or speed contest on a highway.......5 points (20) Any violation of § 16-304 or § 16-305 of this title.........5 points (21) Any violation of § 22-404.5 of this article.................5 points

(22) Speeding in excess of a posted speed limit of 65 miles an hour by

20 miles an hour or more...............................................5 points

(23) Aggressive driving in violation of § 21-901.2 of this article......

..................................................................... 5 points

(24) Reckless driving............................................6 points

(25) Driving while impaired by alcohol or while impaired by a drug, combination of drugs, or a combination of one or more drugs and alcohol, or driving within 12 hours after arrest under § 21-902.1 of this

article..........................................................8 points

(26) Turning off lights of a vehicle to avoid identification.....8 points

(27) Failing to stop after accident resulting in damage to attended vehicle or property....................................................8 points

(28) Failing to stop after accident resulting in damage to unattended vehicle or property....................................................8 points

(29) Any violation of § 16-815 or § 16-816 of this title.........8 points

(30) Failing to stop after an accident resulting in bodily injury or death........................................................12 points

(31) Any violation of § 16-303 of this title, excluding § 16-303(h)

or (i)..........................................................12 points

(32) Any violation of § 16-301, § 16-302, § 16-804, or § 16-808(a)(1)

through (9) or (b) of this title......................................12 points

(33) Homicide, life threatening injury under § 3-211 of the Criminal Law

Article, or assault committed by means of a vehicle...................12 points

(34) Driving while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by an illegally used controlled dangerous substance...................................................12 points

(35) Any felony involving use of a vehicle......................12 points (36) Fleeing or attempting to elude a police officer............12 points (37) The making of a false affidavit or statement under oath, or falsely

certifying to the truth of any fact or information to the Administration under

the Maryland Vehicle Law or under any law relating to the ownership or operation of motor vehicles...........................................12 points

(38) Any violation involving an unlawful taking or unauthorized use of a motor vehicle under § 7-105 or § 7-203 of the Criminal Law Article, or §

14-102 of this article................................................12 points

(b) Point assessment on multiple charge conviction. -- If a conviction occurs on multiple charges based on offenses alleged to have been committed at the same time or arising out of circumstances simultaneous in time and place, the Administration:

(1) Shall assess points against the individual convicted only on the charge that has the highest point assessment; and

(2) May not assess points on the remainder of the multiple charges. (c) Extension of license revocation. --

(1) On receiving a record of conviction of any moving violation by an individual whose license is currently revoked, the Administration may extend the date before which the individual is eligible for reinstatement and, if the date is extended, shall issue to the individual a notice that:

(i) States the duration of the extension of the license revocation, dating from the date of the violation, during which the individual's license may not be reinstated; and

(ii) Advises the individual of the right to request a hearing.

(2) A notice issued under this subsection, and a hearing requested by the individual, shall meet the requirements of Title 12, Subtitle 2 of this article.

(3) The Administration may extend the period of a license revocation under this subsection for not more than the period of time specified in paragraph (4) of this subsection:

(i) If the individual does not request a hearing as provided by Title 12, Subtitle 2 of this article;

(ii) After a hearing, if the individual is determined to have been convicted of a violation described in this subsection while the individual's license to drive was revoked; or

(iii) If the individual fails to appear for a hearing requested by the individual under this subsection.

(4) The Administration may extend the period of license revocation for not more than: (i) 1 year if it is the individual's first violation;

(ii) 18 months if it is the individual's second violation; or

(iii) 2 years if it is the individual's third or subsequent violation.

(d) Licenses currently revoked may not be revoked. -- Notwithstanding any other provision of this title, the Administration may not revoke a license that is currently revoked.

TRANSPORTATION

TITLE 16. VEHICLE LAWS -- DRIVERS' LICENSES

SUBTITLE 4.  REFUSAL, SUSPENSION, AND REVOCATION UNDER POINT SYSTEM Md. TRANSPORTATION Code Ann. § 16-404  (2012)

§ 16-404. Effect of accumulated points

(a) Action by Administration. -- 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) Administration to issue notice. --

(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) Duration of suspension. --

(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) Minor driver with provisional license. --

(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.

INTERLOCK AFTER CONVICION

TRANSPORTATION

TITLE 16. VEHICLE LAWS -- DRIVERS' LICENSES

SUBTITLE 4.  REFUSAL, SUSPENSION, AND REVOCATION UNDER POINT SYSTEM Md. TRANSPORTATION Code Ann. § 16-404.1  (2012)

§ 16-404.1. Ignition Interlock System Program

(a) Definitions. --

(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) In general. --

(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) Requirements for participation. -- 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) Mandatory participation; sanctions for failure to participate or complete program. --

(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) Later application for participation. -- 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) Restricted license, reinstatement, or suspension; notice of suspension or revocation to include

information on Program; fees. -- (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) Restriction prohibiting driving vehicle without ignition interlock system. -- 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) Commencement of participation. -- 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) Length of participation for habitual offenders. -- 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) Equipment standards and protocol. --

(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) Monitoring participation; fee. --

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

(m) Periods of participation to be concurrent. -- 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) Issuance of license on successful completion of Program. -- 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) Reentry into Program. --

(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.