Title 16. Vehicle Laws -- Drivers' Licenses — Subtitle 2. Cancellation, Refusal, Suspension, or Revocation

Was not entitled to be issued the license;

Failed to give the required or correct information in his application; or

Committed fraud in making the application or in obtaining the license.

Shall suspend an obligor’s license or privilege to drive in the State; and

May issue a work–restricted license or work–restricted privilege to drive.

Prior to the suspension of a license or the privilege to drive in the State and the issuance of a work–restricted license or work–restricted privilege to drive under subsection (b) of this section, the Administration shall send written notice of the proposed action to the obligor, including notice of the obligor’s right to contest the accuracy of the information.

Any contest under this subsection shall be limited to whether the Administration has mistaken the identity of the obligor or the individual whose license or privilege to drive has been suspended.

An obligor may appeal a decision of the Administration to suspend the obligor’s license or privilege to drive.

At a hearing under this subsection, the issue shall be limited to whether the Administration has mistaken the identity of the obligor or the individual whose license or privilege to drive has been suspended.

The Administration receives a court order to reinstate the license or privilege to drive; or

The Child Support Administration notifies the Administration that:

In this section the following words have the meanings indicated.

“Law enforcement agency” has the meaning stated in § 13-406.1(a)(2) of this article.

“Outstanding warrant” has the meaning stated in § 13-406.1(a)(3) of this article.

“Primary law enforcement officer” has the meaning stated in § 13-406.1(a)(4) of this article.

Before suspending a license or privilege to drive under subsection (b) of this section, the Administration shall send written notice of the proposed action to the individual named in the outstanding warrant, including notice of the individual’s right to contest the accuracy of the information on which the suspension is based.

Any contest under this subsection shall be limited to whether the Administration has mistaken the identity of the individual named in the outstanding warrant or the individual whose license or privilege to drive has been suspended.

An individual named in an outstanding warrant may appeal a decision of the Administration under this section to suspend the individual’ s license or privilege to drive.

At a hearing under this subsection, the only issue shall be whether the Administration has mistaken the identity of the individual named in the outstanding warrant or the individual whose license or privilege to drive has been suspended.

The Administration shall continue the suspension of a license or privilege to drive that was suspended under this section until:

On receipt of an order or notice under paragraph (1) of this subsection, the Administration shall reinstate a license or privilege to drive unless the license or privilege has been refused, revoked, suspended, or canceled under any other provision of the Maryland Vehicle Law.

The Administration, in consultation with the primary law enforcement officers of the State, shall adopt regulations to implement this section.

The regulations shall include:

The Administration may revoke the license of any person who:

In the notice of proposed revocation, the Administration shall advise an individual who is convicted under § 21–902(a) of this article that the individual, if eligible, is required to participate in the Ignition Interlock System Program for the following periods:

Shall revoke the license of any person who has been convicted under:

May not issue a temporary license to drive for any person whose license has been revoked under item (1) of this subsection during an administrative appeal of the revocation.

Subject to subsection (d–1) of this section and § 16–404.1 of this title, the Administration may suspend for not more than 60 days the license of any person who is convicted under § 21–902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or 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.

A suspension under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection.

Subject to subsection (d–1) and subsection (e) of this section and § 16–404.1 of this title, the Administration may suspend for not more than 1 year the license of any person who, within a 5–year period, is convicted of any violation of § 21–902 of this article after the person was previously convicted of any violation under § 21–902 of this article.

If requested by the person, the Administration may issue a restricted license for the period of a suspension to a person who participates in the Ignition Interlock System Program under § 16–404.1 of this title.

A suspension under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for the violation of § 21–902 of this article described in this subsection.

Notwithstanding subsections (c) and (d) of this section and subject to § 16–404.1 of this title, for a person who is under the age of 21 years on the date of a violation of § 21–902 of this article, and who is subsequently convicted of the violation under § 21–902 of this article, the Administration shall suspend the person’s license to drive for:

A suspension imposed under this subsection shall:

In this subsection, “motor vehicle” does not include a commercial motor vehicle.

Subject to the provisions of this subsection and § 16–404.1 of this title, the Administration shall suspend for 1 year the license of a person who is convicted of:

On receiving a record of a conviction of a person for a violation described in paragraph (2) of this subsection, the Administration shall issue to the person a notice of suspension of the person’s license that:

After notice under paragraph (3) of this subsection, the Administration shall suspend a person’s license under this subsection if:

The Administration may modify a suspension under paragraph (4) of this subsection to:

A person who participates in the Ignition Interlock System Program for at least 1 year under paragraph (5) of this subsection is exempt from the requirements of paragraphs (7) through (11) of this subsection.

The Administration shall, within 90 days of the expiration of the 1–year period of suspension, issue to the person a notice, unless this notice requirement was waived at a hearing described in paragraph (4) of this subsection, that:

After notice under paragraph (7) of this subsection, or a waiver of notice, the Administration shall order a person to maintain for not less than 6 months and not less than the period required under § 16–404.1 of this title, dating from the expiration of the 1–year period of suspension, an ignition interlock system on each motor vehicle owned by the person and impose a license restriction that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system if:

If the Administration finds at a hearing that maintenance of an ignition interlock system on a motor vehicle owned by the person creates a financial hardship on the person, the family of the person, or a co–owner of the motor vehicle, the Administration:

An exemption under paragraph (9)(ii) of this subsection applies only under circumstances that:

If a person requests a hearing and the Administration finds that the person does not own a motor vehicle at the expiration of the 1–year period of suspension, the Administration shall impose a restriction on the license of the person for not less than 6 months and not less than the period required under § 16–404.1 of this title, dating from the expiration of the 1–year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system.

Each notice and hearing under this subsection shall meet the requirements of Title 12, Subtitle 2 of this article.

This subsection does not limit any provision of this article that allows or requires the Administration to:

A suspension imposed under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21–902(a) or (d) of this article described in this subsection.

Notwithstanding any other provision of this subsection, a person who is subject to suspension under paragraph (2) of this subsection may not operate a motor vehicle owned or provided by the person’s employer that is not equipped with an ignition interlock device, as set forth in § 27–107(g) of this article.

Subject to paragraph (2) of this subsection, the Administration may modify any suspension under this section or any suspension under § 16–205.1 of this subtitle and issue a restricted license to a licensee who participates in the Ignition Interlock System Program established under § 16–404.1 of this title.

The Administration may not modify a suspension and issue a restricted license during a mandatory period of suspension described in subsection (e) of this section.

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.

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:

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:

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:

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:

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.

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.

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:

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.

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.

The Department of State Police may adopt regulations for the examination and certification of individuals trained to administer tests to determine alcohol concentration.

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:

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.

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.

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:

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

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

An initial refusal to take a test that is withdrawn as provided in this subsection is not a refusal to take a test.

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:

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:

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.

Shall suspend the driver’s license for the administrative offense that results in the lengthiest period of suspension; and

May not impose any additional periods of suspension for the remainder of the administrative offenses.

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;

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:

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:

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.

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

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.

The disposition of those criminal charges may not affect any suspension imposed under this section.

Except as otherwise provided in this subsection, a suspension imposed under this section may not be stayed by the Administration pending appeal.

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.

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.

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

This subsection applies only to a licensee who:

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.

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.

The Administration shall notify a licensee of a suspension under this subsection.

A licensee may request an administrative hearing on a suspension imposed under this subsection.

If a licensee requests a hearing under this subsection, the suspension shall be stayed pending the decision at the administrative hearing.

September 30, 2005; or

The initial issuance to the individual of a commercial instructional permit by any state.

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:

The Administration may suspend a license to drive of an individual who fails to attend:

The Administration may suspend or revoke a provisional license under § 16–213 of this subtitle.

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.

On notification by the clerk of the court that a child has been adjudicated delinquent for a violation of § 13–401(b) of this article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of this article, or that a finding has been made that a child violated § 13–401(b) of this article for driving an off–highway recreational vehicle on a highway, or of § 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.

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:

A suspension imposed under this subsection shall:

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.

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:

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 the 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.

The Administration may modify a suspension under this subsection or subsection (b) of this section or issue a restricted license if:

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.

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.

Any contest under this subsection shall be limited to:

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.

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:

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.

A rescheduled hearing shall be held within 30 days of the date of the request.

For a first violation, may suspend the individual’s license for up to 30 days; and

For a second or subsequent violation, shall suspend the individual’s license for 30 days.

The Administration may require a licensee to submit to reexamination, on at least 7 days’ written notice, if:

The Administration may not use the age of the licensee as grounds for reexamination.

Suspend or revoke the licensee’s driver’s license under § 16-206 of this subtitle; however, the Administration may not suspend or revoke a licensee’s driver’s license if the suspension or revocation is based on any records or evidence by a person alleging that the licensee is an unsafe or unfit driver, unless the person has been identified to the licensee and the licensee is given an opportunity to cross-examine that person at a hearing;

Permit the licensee to retain the license; or

Issue a new license subject to any restrictions permitted by this title.

Except as provided in paragraph (2) of this subsection, §§ 16–205(d–1) and 16–206(a)(4), (b), and (c) of this subtitle, § 16–404(c)(2) and (3) of this title, and § 3–8A–23 of the Courts and Judicial Proceedings Article, the Administration may not suspend a license or privilege to drive for a period of more than 1 year.

After notice and hearing, the Administration may suspend for an indefinite period the license or privilege of any individual who cannot drive safely because of his physical or mental condition.

This subsection does not apply to or affect the suspension of any license:

Any individual whose license or privilege to drive has been revoked may apply for reinstatement of the individual’s license or privilege as provided in this subsection.

Except as otherwise provided in this title, before issuing a new license, the Administration shall require the applicant to submit to the examinations that it considers appropriate.

The driver’s license issued to the licensee immediately prior to the decision to suspend, revoke, or restrict the license; or

A certification that:

A driver improvement program, including a driver improvement program designed specifically for young drivers; and

An alcohol education program.

The purpose of the programs authorized under this section is to provide driver rehabilitation.

The Administration shall determine the content of the programs.

Notwithstanding item (2) of this subsection, after a hearing as provided in Title 12, Subtitle 2 of this article, as a condition of reinstatement of a driver’s license, the Administration may require an individual to attend a driver improvement program or alcohol education program; or

A court may require an individual to attend a driver improvement program or alcohol education program.

An individual who attends a program under this section shall pay, in advance, a fee as provided in this subsection.

The Administration shall set a reasonable fee based on the costs of operating the programs authorized by this section.

The funds collected by the Administration under this subsection may not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8–403 or § 8–404 of this article.

The Administration may waive attendance at an alcohol education program conducted by the Administration if an individual attends a private alcohol education program or an alcohol education program provided by a political subdivision of the State that is approved by the Behavioral Health Administration and the Administration.

The Administration may waive attendance at a driver improvement program conducted by the Administration if an individual attends a private driver improvement program or a driver improvement program provided by a political subdivision of the State that is approved by the Administration.

The Administration shall establish criteria for approving private providers of alcohol education or driver improvement programs provided by a political subdivision of the State.

Upon application for approval to provide the programs allowed under this section, a private provider shall pay an application fee established by the Administration.

Understanding signs, signals, and pavement markings;

Dangerous driving behaviors;

Work zone safety;

The hazards of driving while impaired or intoxicated;

The criminal penalties and administrative sanctions for alcohol– and drug–related motor vehicle violations;

The medical, biological, and psychological effects of the consumption of alcohol and drugs and their impact on the operation of a motor vehicle;

The Maryland driving record and points systems; and

Any other roadway safety–related information that the Administration determines would be beneficial to applicants for a driver’s license.

In this section the following words have the meanings indicated.

“Education and employment only restriction” means a restriction that allows a licensed driver to drive only:

“Offense” means a moving violation committed by an individual who:

For a first offense, shall require the offender to attend a driver improvement program under § 16–212 of this subtitle;

For a second offense:

For a third offense:

For a fourth or subsequent offense: