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Motor Vehicle Administration v. Richards10/14/1999
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; and
(ii) 1. There is an alcohol concentration of 0.10 or more at the time of testing; or
2. The person refused to take a test.
(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 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;
2. Whether there was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;
3. Whether the police officer requested a test after the person was fully advised of the administrative sanctions that shall be imposed, including the fact that a person who refuses to take the test is ineligible for modification of a suspension or issuance of a restrictive license under subsection (n) (1) and (2) of this section;
4. Whether the person refused to take the test;
5. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.10 or more at the time of testing; or
6. If the hearing involves disqualification of a commercial driver's license, whether the person was operating a commercial motor vehicle.
At the Conclusion of the hearing, the MVA is required to suspend the Maryland driver's license of the motorist for 120 days for a first offense if it has been shown that the investigating officer complied with the mandates and duties under the statute, there was use by the motorist of alcohol and/or drugs, and the motorist refused to submit to the properly requested test. See § 16-205.1(f)(8).
As we explained in Janes, the General Assembly made a deliberate effort in drafting § 16-205.1 to keep the criminal and administrative proceedings resulting from a suspected drunk-driving incident wholly separate. See id., 350 Md. at 304, 711 A.2d at 1328. Moreover, subsection (f)(7) makes paramountly clear that the constitutionality of the stop giving rise to the test request is not one of the issues to be presented at the hearing, nor is the possible exclusion of unconstitutionally seized evidence. Accordingly, Respondent concedes that the language of the statute itself gives him no relief in the present matter. Rather, the core thrust of his appeal is an attack upon the ALJ's interpretation and application of the statute as not affording exclusion, under the Fourth Amendment, of his refusal to take the test from the evidence presented at his license suspension hearing. Fleshed out more fully, Respondent's central contention is that whereas the officer's reasons for requesting the test that he refused to take resulted from a constitutionally invalid stop, those reasons should not be available to demonstrate that the officer had "reasonable grounds" to believe a test was called for.
III.
The United States Supreme Court just over a year ago revisited the possibility of extending the operation of the exclusionary rule of the Fourth Amendment beyond the cri
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