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Hare v. Motor Vehicle Administration4/14/1992
Sterling Russell Hare, Sr. ("Hare"), petitioned for certiorari, requesting that we consider whether it was fundamentally unfair for his driver's license to be suspended for his refusal to take a chemical test for alcohol concentration when he was not advised that if he took the test and failed, but met certain conditions, the Motor Vehicle Administration ("MVA"), could modify the suspension or issue a restrictive license. We granted the petition and now affirm.
I.
Hare was stopped on suspicion of driving while intoxicated and subsequently arrested on that charge. Having refused to take a chemical test for alcohol concentration, he requested a hearing to show cause why his license should
not be suspended. At that hearing, the following facts were developed. Officer Howard Jones, Jr. observed Hare driving erratically, almost striking several parked cars. He stopped Hare and, at that time, made certain observations which led him to place Hare under arrest. He noticed that there was a strong odor of alcohol on Hare's breath, that Hare staggered when he walked, that his speech was slurred, and that he had "wet" his pants. At the Central District Police Station, Officer Jones read from the DR-15 advice of rights form, advising Hare that, as relevant to this case:
You have the right to submit to the test. Your refusal shall result in an administrative suspension of your Maryland driver's license or your driving privilege if you are a nonresident. The suspension by the Motor Vehicle Administration shall be for 120 days for a first offense and one year for a second or subsequent offense.
If you submit to a test which indicates an alcohol concentration of 0.10 or more, it shall result in an administrative suspension of your Maryland driver's license or your driving privilege if you are a non-resident. The suspension by the Motor Vehicle Administration shall be for 45 days for a first offense and 90 days for a second or subsequent offense.
See Maryland Code (1977, 1987 Repl.Vol., 1991 Cum.Supp.) § 16-205.1 et seq. of the Transportation Article. This form did not refer to § 16-205.1(m), which permits the Motor
Vehicle Administration to modify a suspension or issue a restrictive license. Nor did Officer Jones, who was himself unaware that a driver who refused the test was ineligible for modification of suspension or a restrictive license, advise Hare of that consequence of refusal. Hare testified that he, too, was unaware of that consequence of refusing the test and that, had he known, he probably would have taken the test.
Following the hearing, the Administrative Law Judge (ALJ) made the findings required by § 16-205.1(f)(8)(i), that: (1) Officer Jones had reasonable grounds to believe Hare was driving while intoxicated; (2) there was evidence of alcohol consumption, (3) Hare was "fully advised of the administrative sanctions that shall be imposed"; and (4) Hare refused the test. Consequently, pursuant to § 16-205.1(f)(8)(v), he suspended Hare's license for 120 days.
On appeal to the Circuit Court for Baltimore County, Hare argued that he had not been fully advised of the "administrative sanctions that shall be imposed" when he refused to take the chemical test. Specifically, he urged
that non-eligibility for a modification of suspension or a restrictive license of a person who refuses the test is "an administrative sanction" of which he should have been advised pursuant to § 16-205.1(b)(2)(iii) and that he was denied due process when he was not so advised.
We have today held that § 16-205.1(b)(2)(iii) does not require a p
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