Statute 16-205.1 of the Maryland Transportation (Part 2)

  1. Notice and hearing on refusal to take the 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:

      1. 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

        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 or revocation, the Administration shall:

      1. Make the order effective and shall:
        1. Except as provided in items 2, 3, and 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

          1. For a first offense, suspend the driver's license for 180 days; or
          2. For a second or subsequent offense, suspend the driver's license for 180 days;
        2. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.15 or more at the time of testing:

          1. For a first offense, suspend the driver's license for 180 days; or
          2. For a second or subsequent offense, suspend the driver's license for 270 days;
        3. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

          1. For a first offense, suspend the driver's license for 6 months; or
          2. For a second or subsequent offense, suspend the driver's license for 1 year;
        4. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

          1. For a first offense, suspend the driver's license for 1 year; or
          2. For a second or subsequent offense, revoke the driver's license; or
        5. For a test refusal:

          1. For a first offense, suspend the driver's license for 270 days; or
          2. For a second offense or subsequent offense, suspend the driver's license for 2 years; and
      2. FOR COMMERCIAL VEHICLES, ADMINISTRATIVE HEARINGS- IF YOU NEED INFORMATION ABOUT MODIFICATIONS OF YOU LICENSE, GO TO THE RESTRICTED LICENSE SECTION AT THE LAST 2 PAGES OF THIS ARTICLE.

        The immediate sections deal with subpoenaing of a police officer or adverse witness.

        1. In the case of a person operating a commercial motor vehicle or who holds a commercial instructional permit or 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 instructional permit or 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.

      1. 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 instructional permit or commercial driver's license, the Administration shall set a hearing for a date within 30 days of the receipt of the request.

      2. 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.

      3. 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:

          1. The subpoena was not issued by the Administration;

          2. 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

          3. 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.

      4. 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.

      5. 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.

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

      1. 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 instructional permit or commercial driver's license, the Administration shall:

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

          2. In the case of a person operating a commercial motor vehicle or who holds a commercial instructional permit or a commercial driver's license who refuses to take a test, disqualify the person's commercial instructional permit or 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

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

      2. 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.

      3. 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:

          1. The subpoena was not issued by the Administration;
          2. 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
          3. 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.
      4. 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.

      5. 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.

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

      1. 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;

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

        8. Whether the person was involved in a motor vehicle accident that resulted in the death of another person.

      2. 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.

      1. After a hearing, the Administration shall suspend or revoke the person's license or privilege to drive 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;

          1. The person refused to take the test; or
          2. 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; and
        4. When applicable, the person was involved in a motor vehicle accident that resulted in the death of another person.

      2. 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 instructional permit or 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.

      3. If the person is licensed to drive a commercial motor vehicle or holds a commercial instructional permit, 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 instructional permit or 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.

      4. 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 instructional permit or commercial driver's license, disqualify the person from operating a commercial motor vehicle.
      5. The suspension imposed shall be:
        1. Except as provided in items 2 and 3 of this subparagraph, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing:

          1. For a first offense, a suspension for 180 days; or
          2. For a second or subsequent offense, a suspension for 180 days;
        2. Except as provided in item 3 of this subparagraph, for a test result indicating an alcohol concentration of 0.15 or more at the time of testing:

          1. For a first offense, a suspension of 180 days; or
          2. For a second or subsequent offense, a suspension of 270 days;
        3. Except as provided in item 4 of this subparagraph, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

          1. For a first offense, suspend the driver's license for 6 months; or
          2. For a second or subsequent offense, suspend the driver's license for 1 year;
        4. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:

          1. For a first offense, suspend the driver's license for 1 year; or
          2. For a second or subsequent offense, revoke the driver's license; or
        5. For a test refusal:

          1. For a first offense, a suspension for 270 days; or
          2. For a second or subsequent offense, a suspension for 2 years.
      6. 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.

      7. A disqualification of a commercial instructional permit or a commercial driver's license is not subject to any modifications, nor may a restricted commercial instructional permit or commercial driver's license be issued in lieu of a disqualification.

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

  2. Request to participate in Ignition Interlock System Program. -- Instead of requesting a hearing or on a suspension or revocation under subsection (f) of this section, a person may request to participate in the Ignition Interlock System Program under § 16-404.1 of this title if:

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

    2. Within the same time limits set forth in subsection (f) of this section, the person:

      1. 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

      2. Elects in writing to participate in the Ignition Interlock System Program for:

        1. 180 days for an offense of a test result indicating an alcohol concentration of at least 0.08 but not more than 0.14;
        2. 1 year for an offense of a test result indicating an alcohol concentration of 0.15 or more; or
        3. 1 year for an offense of a test refusal.
  3. 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:

      1. Is unequivocal;
      2. Does not substantially interfere with the timely and efficacious administration of the test; and
      3. Is given by the person:
        1. Before the delay in testing would materially affect the outcome of the test; and
          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.
    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:

      1. 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;

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

      3. Whether the delay in testing would have interfered with the administration of a test to another person;

      4. 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;

      5. Whether the person's subsequent consent to take the test was made in good faith; and

      6. 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.

  4. 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.
  5. 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:

      1. Designed to train and certify police officers as drug recognition experts; and

      2. Conducted by a law enforcement agency of the State, or any county, municipal, or other law enforcement agency in the State described in item (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:

      1. 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 item (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 a University of Maryland campus or another institution in the University System 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 Maryland Capitol Police of the Department of General Services; or
      2. 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 item (i)1 through 12 of this item.

  6. Court review of suspension of license or privilege to drive or disqualification from driving commercial vehicles. -- If the Administration imposes a suspension, revocation, or disqualification after a hearing, the person whose license or privilege to drive has been suspended, revoked, or disqualified may appeal the final order of suspension or revocation as provided in Title 12, Subtitle 2 of this article.

  7. Further administrative sanctions. --
    1. 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.

    2. This subsection may not be construed as limiting the provisions of § 16-404.1(m) of this title.

  8. 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.

  9. 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.


  10. WE CAN HELP. CALL ME – FRED ANTENBERG AT 410 730 4404.

  11. Modification of suspension for travel to and from place of employment. --
    1. This subsection applies only to a licensee who takes a test that indicates an alcohol concentration of at least 0.08 but less than 0.15 and did not elect to participate in the Ignition Interlock System Program.

    2. The Administration may modify a suspension under this section or issue a restricted license if the Administration finds that:

      1. The licensee is required to drive a motor vehicle in the course of employment;

      2. The license is required for the purpose of attending an alcohol prevention or treatment program;

      3. 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;

      4. 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

      5. 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.

  12. Modification of suspension for participation in Ignition Interlock System Program. --
    1. This subsection applies only to a licensee who:
      1. Refused to take a test; or
      2. Took a test that indicated an alcohol concentration of 0.15 or more at the time of testing.
    2. The Administration may modify a suspension under this section or issue a restricted license only if the licensee participates in the Ignition Interlock System Program for 1 year.

  13. Summary suspension for failure to complete Ignition Interlock System Program. –

    CALL ME FOR A FREE INITIAL CONSULTATION- FRED ANTENBERG 410 730 4404

    1. If the Administration modifies a suspension under this section or issues a restricted 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.

  14. 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 instructional permit by any state.

HISTORY: An. Code 1957, art. 66 1/2, § 6-205.1; 1977, ch. 14, § 2; ch. 164, § 1; 1978, ch. 871; 1981, ch. 244; 1982, ch. 17, § 7; chs. 91, 100; 1983, chs. 8, 60, 290, 456; 1984, chs. 255, 337; 1986, ch. 369; 1989, ch. 284; ch. 291, § 2; 1990, ch. 6, § 2; chs. 11, 413; 1991, ch. 81; 1992, ch. 22, § 1; 1993, ch. 407; ch. 609, §§ 1, 2; ch. 626; 1994, ch. 164; ch. 165, § 3; ch. 166, § 3; chs. 561, 577; 1995, ch. 3, §§ 2, 22; ch. 4, § 1; 1996, ch. 10, § 1; 1998, chs. 448, 526; 1999, ch. 34, § 1; 2001, chs. 4, 5, 730; 2003, ch. 21, § 6; 2004, chs. 25, 468; 2005, ch. 25, §§ 1, 5; ch. 167, § 1; chs. 495, 496; 2006, ch. 461; 2007, ch. 5; 2008, ch. 275; 2011, ch. 556, §§ 1, 2; ch. 557, §§ 1, 2; 2012, ch. 66, §§ 1, 6; 2013, ch. 43; 2014, ch. 5; ch. 45, § 5; 2015, chs. 247, 302; 2016, ch. 25, § 2; ch. 512, § 2.