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Motor Vehicle Administration v. Richards10/14/1999
lic roadway a person impliedly consents to taking a test to determine breath or blood alcohol concentration if reasonably requested to do so and (2) although a motorist may refuse to take such a test, such a refusal entails a suspension of the license to drive. Specifically, those subsections provide as follows:
§ 16-205.1. Suspension or disqualification for refusal to submit to chemical tests for intoxication.
(a) Definitions; implied consent to chemical test. -* * * * * *
(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 [breath or blood specimen] test [to determine alcohol concentration] if the person should be detained on suspicion of driving or attempting to drive while intoxicated, while under the influence of alcohol, while so far under the influence of 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 under the influence of 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 0.10 or more, the Administration shall: (i) In the case of a person licensed under this title:
2. For a test refusal:
A. For a first offense, suspend the driver's license for 120 days; or
B. For a second or subsequent offense, suspend the driver's license for 1 year . .
The portion of the statute immediately succeeding those above provides that "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 while impaired by alcohol and/or drugs, "the police officer shall . . . etain the person; . . . equest that the person permit a test to be taken; and . . . dvise the person of the administrative sanctions that shall be imposed for refusal to take the test . . . ." § 16-205.1(b)(2). The statute then designates that if a motorist licensed to drive in Maryland refuses to submit to the requested test, the officer is obligated, inter alia, to confiscate the Maryland driver's license, serve an order of suspension, issue a temporary 45-day license, and advise the motorist of the right to request an administrative hearing to review the propriety of the license suspension. See § 16-205.1(b)(3). The prerequisites and scope of such a hearing are specified by subsection (f), as follows :
(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 intoxicated, while under the influence of alcohol, while so far under the influence of any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person
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