The Administration may cancel a driver’s license issued under this title if it determines that the licensee: 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. On cancellation, the licensee immediately shall surrender the canceled license to the Administration.

The privilege given to a nonresident to drive a motor vehicle on highways in this State may be suspended or revoked by the Administration in the same way and for the same reasons that a driver’s license issued under this title may be refused, suspended, or revoked. If the Administration receives a record of the conviction in this State of a nonresident driver of any offense under the motor vehicle laws of this State, the Administration may send a certified copy of the record to the motor vehicle administrator in the state in which the convicted person resides or is licensed to drive. If, after an appeal is taken or on failure to take an appeal, a nonresident’s privilege to drive is suspended, the Administration shall send written information of the suspension to the motor vehicle administrator of the state in which the person resides and of any other state in which he is licensed to drive.

In this section, “Child Support Administration” means the Child Support Administration of the Department of Human Services. On notification by the Child Support Administration in accordance with § 10–119 of the Family Law Article that an obligor is 120 days or more out of compliance with the most recent order of the court in making child support payments, the Administration: 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 shall reinstate an obligor’s license or privilege to drive in the State if: The Administration receives a court order to reinstate the license or privilege to drive; or The Child Support Administration notifies the Administration that: The individual whose license or privilege to drive was suspended is not in arrears in making child support payments; The obligor has paid the support arrearage in full; The obligor has demonstrated good faith by paying the ordered amount of support for 6 consecutive months; The obligor is a participant in full compliance in an employment program approved by the Child Support Administration; or One of the grounds under § 10–119(c)(1)(i) of the Family Law Article exists. The Secretary of Transportation, in cooperation with the Secretary of Human Services and the Office of Administrative Hearings, shall adopt regulations to implement this section.

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. Subject to subsection (h) of this section, on notification by a law enforcement agency that an individual is named in an outstanding warrant, the Administration shall suspend the individual’s license or privilege to drive in the State. 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. An individual shall be referred to the law enforcement agency that notified the Administration of the outstanding warrant to resolve any question of whether the warrant has been satisfied. The Administration shall continue the suspension of a license or privilege to drive that was suspended under this section until: The Administration is ordered by a court to reinstate the license or privilege to drive; or A law enforcement agency notifies the Administration that: The individual named in the outstanding warrant has been arrested; or The outstanding warrant has been otherwise satisfied. 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: Criteria that a law enforcement agency must meet prior to notifying the Administration that an individual is named in an outstanding warrant; A procedure for informing an individual named in an outstanding warrant: That the individual’s license or privilege to drive has been suspended; and Of the manner in which the individual may contest or resolve the suspension; A procedure which must be followed by the law enforcement agency to notify the Administration of changes in the status of an outstanding warrant; and A procedure for the Administration to carry out the suspension of a license or privilege to drive as authorized under this section. If a law enforcement agency meets the criteria established under subsection (g) of this section, the Administration shall enter into an agreement with the appropriate primary law enforcement officer that provides for the notification to the Administration of individuals named in outstanding warrants. The procedures specified in this section are in addition to any other penalty provided by law for the failure to meet the demands specified in a warrant. This section may not be construed to require the Administration to arrest an individual named in an outstanding warrant.

The Administration may revoke the license of any person who: Is convicted under § 21–902(a) or (d) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by a controlled dangerous substance; or Within a 3–year period, 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 and who was previously convicted of any combination of two or more violations under: § 21–902(a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se; § 21–902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol; § 21–902(c) of this article of driving or attempting to drive a motor vehicle 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; or § 21–902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance. 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: 6 months the first time the individual is required to participate in the Ignition Interlock System Program; 1 year the second time the individual is required to participate in the Ignition Interlock System Program; and 3 years the third or any subsequent time the individual is required to participate in the Ignition Interlock System Program. The Administration: Shall revoke the license of any person who has been convicted under: Title 2, Subtitle 5 of the Criminal Law Article for homicide by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance; § 21–902(a), (b), (c), or (d) of this article for driving while under the influence of alcohol or alcohol per se, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance that contributes to an accident that results in the death or life–threatening injury of another person; or § 20–102 of this article for failure to remain at the scene of an accident that results in the death or serious bodily injury of another person; and 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: 1 year for a first conviction of § 21–902 of this article; and 2 years for a second or subsequent conviction of § 21–902 of this article. 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 of this article described in this subsection; and Receive credit for any suspension period imposed under § 16–113(f) of this title or § 16–205.1 of this subtitle that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection. Subject to the provisions of this paragraph, a person may request on the record that a hearing on a suspension under this subsection and any other hearing on another suspension or revocation under this section, § 16–206(c)(3) or § 16–213 of this subtitle, or § 16–404 of this title that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection be consolidated. A person who requests consolidation of hearings under this paragraph shall waive on the record each applicable notice of right to request a hearing required under Title 12, Subtitle 1 or 2 of this article or Title 10, Subtitle 2 of the State Government Article that applies to the other suspensions or revocations arising out of the same circumstances. A hearing under this paragraph may not be postponed at the request of the person who requests consolidation of hearings under subparagraph (i) of this paragraph due to a consolidation of the hearings. Subject to the provisions of this paragraph, the Administration shall consolidate the hearings described in this paragraph unless the administrative law judge finds in writing that good cause exists not to consolidate the hearings. 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: A violation of § 21–902(a) of this article more than once within a 5–year period; A violation of § 21–902(a) of this article within a 5–year period after the person was previously convicted of a violation of § 21–902(d) of this article; or A violation of § 21–902(d) of this article within a 5–year period after the person was previously convicted of a violation of § 21–902(a) of this article. 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: States that the person’s license shall be suspended for 1 year subject to § 16–404.1 of this title; States that a restricted license may be issued during the 1–year period of suspension if: The person maintains an ignition interlock system on a motor vehicle owned or operated by the person for 1 year or a longer period if required under § 16–404.1 of this title; and The license is restricted to prohibit the person from driving a motor vehicle that is not equipped with an ignition interlock system; Advises the person of the requirements under paragraph (7) of this subsection for a person who does not participate in the Ignition Interlock System Program in accordance with this paragraph during the 1–year period of suspension; Advises the person of the right to request a hearing on a suspension under this paragraph; Advises the person of the right, instead of requesting a hearing on a suspension under this paragraph, to be subject to a 1–year period of suspension, during which the person may be issued a restricted license under this paragraph if the following conditions are met: The person’s driver’s license is not currently suspended, revoked, canceled, or refused; The person 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 The person elects in writing, within the same time limit for requesting a hearing, to meet the ignition interlock system requirements under this paragraph for 1 year; and Provides information about the Ignition Interlock System Program and how a person participates in the Program under § 16–404.1 of this title. After notice under paragraph (3) of this subsection, the Administration shall suspend a person’s license under this subsection if: The person does not request a hearing; After a hearing, the Administration finds that the person was convicted of: A violation of § 21–902(a) of this article more than once within a 5–year period; A violation of § 21–902(a) of this article within a 5–year period after the person was previously convicted of a violation of § 21–902(d) of this article; or A violation of § 21–902(d) of this article within a 5–year period after the person was previously convicted of a violation of § 21–902(a) of this article; or The person fails to appear for a hearing requested by the person. The Administration may modify a suspension under paragraph (4) of this subsection to: Order the person to maintain for 1 year or a longer period if required under § 16–404.1 of this title an ignition interlock system on a motor vehicle owned or operated by the person; and Impose a restriction on the person’s license that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system. 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: States that the person shall 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; States that the Administration shall impose a restriction on the person’s license that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system for a period of 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; and Advises the person of the right to request a hearing under this paragraph. 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: The person does not request a hearing; The Administration finds at a hearing that the person owns one or more motor vehicles and that no financial hardship, as described in paragraphs (9) and (10) of this subsection, will be created by requiring the person to maintain an ignition interlock system on each motor vehicle owned by the person; or The person fails to appear for a hearing requested by the person. 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: 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; and May not require the person to maintain an ignition interlock system on any motor vehicle to which the financial hardship applies. An exemption under paragraph (9)(ii) of this subsection applies only under circumstances that: Are specific to the person’s motor vehicle; and Meet criteria contained in regulations that shall be adopted by the Administration. 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: Revoke or suspend a license of a person; or Prohibit a person from driving a motor vehicle that is not equipped with an ignition interlock system. 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. When a suspension imposed under subsection (c), (d), (d–1), or (e) of this section or § 16–206(b) of this subtitle expires, the Administration immediately shall return the license or reinstate the privilege of the driver, unless the license or privilege has been refused, revoked, suspended, or canceled under any other provisions of the Maryland Vehicle Law.

In this section the following words have the meanings indicated. “Specimen of blood” and “1 specimen of blood” means 1 sample of blood that is taken, in a single procedure, in 2 or more portions in 2 or more separate vials. “Test” means, unless the context requires otherwise: A test of a person’s breath or of 1 specimen of a person’s blood to determine alcohol concentration; A test or tests of 1 specimen of a person’s blood to determine the drug or controlled dangerous substance content of the person’s blood; or Both: A test of a person’s breath or a test of 1 specimen of a person’s blood, to determine alcohol concentration; and A test or tests of 1 specimen of a person’s blood to determine the drug or controlled dangerous substance content of the person’s blood. “Under the influence of alcohol” includes under the influence of alcohol per se as defined by § 11–174.1 of this article. 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: In the case of a person licensed under this title: 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: For a first offense, suspend the driver’s license for 180 days; or For a second or subsequent offense, suspend the driver’s license for 180 days; 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: For a first offense, suspend the person’s driving privilege for 180 days; or For a second or subsequent offense, suspend the person’s driving privilege for 270 days; 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: For a first offense, suspend the person’s driving privilege for 6 months; or For a second or subsequent offense, suspend the person’s driving privilege for 1 year; 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: For a first offense, suspend the person’s driving privilege for 1 year; or For a second or subsequent offense, revoke the person’s driving privilege; or For a test refusal: For a first offense, suspend the driver’s license for 270 days; or For a second or subsequent offense, suspend the driver’s license for 2 years; In the case of a nonresident or unlicensed person: 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: For a first offense, suspend the person’s driving privilege for 180 days; or For a second or subsequent offense, suspend the person’s driving privilege for 180 days; 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: For a first offense, suspend the person’s driving privilege for 180 days; or For a second or subsequent offense, suspend the person’s driving privilege for 270 days; 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: For a first offense, suspend the person’s driving privilege for 6 months; or For a second or subsequent offense, suspend the person’s driving privilege for 1 year; 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: For a first offense, suspend the person’s driving privilege for 1 year; or For a second or subsequent offense, revoke the person’s driving privilege; or For a test refusal: For a first offense, suspend the person’s driving privilege for 270 days; or For a second or subsequent offense, suspend the person’s driving privilege for 2 years; and In addition to any applicable driver’s license suspensions authorized under this section, 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 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 disqualify for life if the person’s commercial instructional permit or commercial driver’s license has been previously disqualified for at least 1 year under: § 16–812(a) or (b) of this title; A federal law; or Any other state’s law; or If the person 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 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. 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: Detain the person; Request that the person permit a test to be taken; Advise the person of the administrative sanctions that shall be imposed for test results indicating an alcohol concentration of at least 0.08 but less than 0.15 at the time of testing; Advise the person of the administrative sanctions, including ineligibility for modification of a suspension or issuance of a restricted license unless the person participates in the Ignition Interlock System Program under § 16–404.1 of this title, that shall be imposed for refusal to take the test and for test results indicating an alcohol concentration of 0.15 or more at the time of testing; Advise the person of the additional criminal penalties that may be imposed under § 21–902(g) of this article on conviction of a violation of § 21–902 of this article if the person knowingly refused to take a test arising out of the same circumstances as the violation; and Advise the person that a court shall impose participation in the Ignition Interlock System Program as part of the sentence in accordance with § 21–902.3 of this article. 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: Confiscate the person’s driver’s license issued by this State; Acting on behalf of the Administration, personally serve an order of suspension on the person; Issue a temporary license to drive; Inform the person that the temporary license allows the person to continue driving for 45 days if the person is licensed under this title; Inform the person that: The person has a right to request, at that time or within 10 days, a hearing to show cause why the driver’s license should not be suspended concerning the refusal to take the test or for test results indicating an alcohol concentration of 0.08 or more at the time of testing, and the hearing will be scheduled within 45 days; and If a hearing request is not made at that time or within 10 days, but within 30 days the person requests a hearing, a hearing to show cause why the driver’s license should not be suspended concerning the refusal to take the test or for test results indicating an alcohol concentration of 0.08 or more at the time of testing will be scheduled, but a request made after 10 days does not extend a temporary license issued by the police officer that allows the person to continue driving for 45 days; Advise the person of the administrative sanctions that shall be imposed in the event of failure to request a hearing, failure to attend a requested hearing, or upon an adverse finding by the hearing officer; Inform the person that, if the person refuses a test or takes a test that indicates an alcohol concentration of 0.08 or more at the time of testing, the person may participate in the Ignition Interlock System Program under § 16–404.1 of this title instead of requesting a hearing under this paragraph, if the following conditions are met: The person’s driver’s license is not currently suspended, revoked, canceled, or refused; and Within the same time limits set forth in item (v) of this paragraph, the person: 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 Elects in writing to participate in the Ignition Interlock System Program for 1 year; Provide information about the Ignition Interlock System Program and how a person participates in the Program under § 16–404.1 of this title; and Within 72 hours after the issuance of the order of suspension, send any confiscated driver’s license, copy of the suspension order, and a sworn statement to the Administration, that states: The officer had reasonable grounds to believe that the person had been driving or attempting to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State 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; The person refused to take a test when requested by the police officer, the person submitted to the test which indicated an alcohol concentration of 0.08 or more at the time of testing, or the person submitted to the test which indicated an alcohol concentration of 0.15 or more at the time of testing; and 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 or takes a test that indicates an alcohol concentration of 0.15 or more at the time of testing is eligible for modification of a suspension or issuance of a restricted license. 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: The person’s breath to determine alcohol concentration; One specimen of the person’s blood, to determine alcohol concentration or to determine the drug or controlled dangerous substance content of the person’s blood; or Both the person’s breath under item (i) of this paragraph and one specimen of the person’s blood under item (ii) of this paragraph. 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: Obtain prompt medical attention for the person; If necessary, arrange for removal of the person to a nearby medical facility; and If a test would not jeopardize the health or well–being of the person, direct a qualified medical person to withdraw blood for a test. 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: 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 There is an alcohol concentration of 0.08 or more at the time of testing; or The person refused to take a test. 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: Make the order effective and shall: 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: For a first offense, suspend the driver’s license for 180 days; or For a second or subsequent offense, suspend the driver’s license for 180 days; 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: For a first offense, suspend the driver’s license for 180 days; or For a second or subsequent offense, suspend the driver’s license for 270 days; 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: For a first offense, suspend the driver’s license for 6 months; or For a second or subsequent offense, suspend the driver’s license for 1 year; 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: For a first offense, suspend the driver’s license for 1 year; or For a second or subsequent offense, revoke the driver’s license; or For a test refusal: For a first offense, suspend the driver’s license for 270 days; or For a second offense or subsequent offense, suspend the driver’s license for 2 years; and 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 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. 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. 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. A postponement of a hearing described under this paragraph shall extend the period for which the person is authorized to drive if: Both the person and the Administration agree to the postponement; The Administration cannot provide a hearing within the period required under this paragraph; or 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: The subpoena was not issued by the Administration; 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 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. 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. 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. To the extent possible, the Administration shall expeditiously reschedule a hearing that is postponed under this paragraph. 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: Make a suspension order effective suspending the license for the applicable period of time described under paragraph (4)(i) of this subsection; and 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 Set a hearing for a date within 45 days of the receipt of a request for a hearing under this paragraph. 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. A postponement of a hearing described under this paragraph shall stay the suspension only if: Both the person and the Administration agree to the postponement; The Administration cannot provide a hearing under this paragraph within the period required under this paragraph; or 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: The subpoena was not issued by the Administration; 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 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. 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. 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. To the extent possible, the Administration shall expeditiously reschedule a hearing that is postponed under this paragraph. 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: 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; 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; 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; Whether the person refused to take the test; 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; 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; 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 Whether the person was involved in a motor vehicle accident that resulted in the death of another person. 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. After a hearing, the Administration shall suspend or revoke the person’s license or privilege to drive if: 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; 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; 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; The person refused to take the test; or 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 When applicable, the person was involved in a motor vehicle accident that resulted in the death of another person. After a hearing, the Administration shall disqualify the person from driving a commercial motor vehicle if: The person was detained while operating a commercial motor vehicle or while holding a commercial instructional permit or a commercial driver’s license; 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; 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; The police officer requested a test after the person was fully advised of the administrative sanctions that shall be imposed; and The person refused to take the test. 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: The person was detained while operating a commercial motor vehicle or while holding a commercial instructional permit or a commercial driver’s license; 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; 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 The driver refused to take a test. 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: Suspend the driver’s license or privilege to drive; and If the driver is detained in a commercial motor vehicle or holds a commercial instructional permit or a commercial driver’s license, disqualify the person from operating a commercial motor vehicle. The suspension imposed shall be: 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: For a first offense, a suspension for 180 days; or For a second or subsequent offense, a suspension for 180 days; 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: For a first offense, a suspension of 180 days; or For a second or subsequent offense, a suspension of 270 days; 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: For a first offense, suspend the driver’s license for 6 months; or For a second or subsequent offense, suspend the driver’s license for 1 year; 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: For a first offense, suspend the driver’s license for 1 year; or For a second or subsequent offense, revoke the driver’s license; or For a test refusal: For a first offense, a suspension for 270 days; or For a second or subsequent offense, a suspension for 2 years. 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. 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. A disqualification for life may be reduced if permitted by § 16–812(d) of this title. 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: 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: 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 Elects in writing to participate in the Ignition Interlock System Program for: 180 days for an offense of a test result indicating an alcohol concentration of at least 0.08 but not more than 0.14; 1 year for an offense of a test result indicating an alcohol concentration of 0.15 or more; or 1 year for an offense of a test refusal. 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: Is unequivocal; Does not substantially interfere with the timely and efficacious administration of the test; and Is given by the person: Before the delay in testing would materially affect the outcome of the test; and For the purpose of a test for determining alcohol concentration, within 2 hours of the person’s apprehension; or 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. 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: Whether the test would have been administered properly: For the purpose of a test for determining alcohol concentration, within 2 hours of the person’s apprehension; or 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; Whether a qualified person, as defined in § 10–304 of the Courts Article, to administer the test and testing equipment were readily available; Whether the delay in testing would have interfered with the administration of a test to another person; 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; Whether the person’s subsequent consent to take the test was made in good faith; and Whether the consent after the initial refusal was while the person was still in police custody. 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. 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: 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. Notwithstanding any other provision of this section, a test for drug or controlled dangerous substance content under this section: 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: Designed to train and certify police officers as drug recognition experts; and 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: In conjunction with the National Highway Traffic Safety Administration; or 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 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: 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: The Department of State Police; The Baltimore City Police Department; A police department, bureau, or force of a county; A police department, bureau, or force of an incorporated city or town; The Maryland Transit Administration Police Force; The Maryland Port Administration Police Force of the Department of Transportation; The Maryland Transportation Authority Police Force; The Police Force of a University of Maryland campus or another institution in the University System of Maryland or Morgan State University; The police force for a State university or college under the direction and control of the University System of Maryland; A sheriff’s department of any county or Baltimore City; The Natural Resources Police Force or the Forest and Park Service Police Force of the Department of Natural Resources; or The Maryland Capitol Police of the Department of General Services; or 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. 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. 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: The licensee is required to drive a motor vehicle in the course of employment; The license is required for the purpose of attending an alcohol prevention or treatment program; 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; 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 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. This subsection applies only to a licensee who: Refused to take a test; or Took a test that indicated an alcohol concentration of 0.15 or more at the time of testing. 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. The provisions of this section relating to disqualification do not apply to offenses committed by an individual in a noncommercial motor vehicle before: September 30, 2005; or The initial issuance to the individual of a commercial instructional permit by any state.

A police officer who has reasonable grounds to believe that an individual is or has been driving or attempting to drive a motor vehicle while under the influence of alcohol or while impaired by alcohol may, without making an arrest and prior to the issuance of a citation, request the individual to submit to a preliminary breath test to be administered by the officer using a device approved by the toxicologist in the Department of State Police Forensic Sciences Division. The police officer requesting the preliminary breath test shall advise the person to be tested that neither a refusal to take the test nor the taking of the test shall prevent or require a subsequent chemical test pursuant to § 16-205.1 of this subtitle. The results of the preliminary breath test shall be used as a guide for the police officer in deciding whether an arrest should be made and may not be used as evidence by the State in any court action. The results of the preliminary breath test may be used as evidence by a defendant in a court action. The taking of or refusal to submit to a preliminary breath test is not admissible in evidence in any court action. Any evidence pertaining to a preliminary breath test may not be used in a civil action. Refusal to submit to a preliminary breath test shall not constitute a violation of § 16-205.1 of this subtitle and the taking of a preliminary breath test shall not relieve the individual of the obligation to take the test required under § 16-205.1 of this subtitle if requested to do so by the police officer.

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: Has been convicted of moving violations so often as to indicate an intent to disregard the traffic laws and the safety of other persons on the highways; Is an unfit, unsafe, or habitually reckless or negligent driver of a motor vehicle; Has permitted an unlawful or fraudulent use of a license, identification card, or a facsimile of a license or identification card; Has used a license, identification card, or a facsimile of a license or identification card in an unlawful or fraudulent manner, unless the applicant or licensee is subject to the provisions of subsection (c) of this section; Has committed an offense in another state that, if committed in this State, would be grounds for suspension or revocation; or Has knowingly made a false certification of required security in any application for a certificate of title or for the registration of a vehicle. The Administration may suspend a license to drive of an individual who fails to attend: A driver improvement program or an alcohol education program required under § 16–212 of this subtitle; or A private alternative program or an alternative program that is provided by a political subdivision of this State under § 16–212 of this subtitle. The Administration may suspend or revoke a provisional license under § 16–213 of this subtitle. Pursuant to a court order under § 4–503, § 9–504, or § 9–505 of the Criminal Law Article, the Administration: Shall initiate an action to suspend the driver’s license or driving privilege of an individual for a time specified by the court; and May issue a restricted license that is limited to driving a motor vehicle: For the purpose of attending an alcohol education or alcoholic prevention or treatment program; That is required in the course of employment; For the purposes of driving to or from a place of employment if the individual’s employment would be adversely affected because the individual has no reasonable alternative means of transportation to or from the place of employment; or For the purposes of driving to or from school or any other place of educational instruction if the individual’s education would be adversely affected because the individual has no reasonable alternative means of transportation for educational purposes. If an individual subject to a suspension under subparagraph (i) of this paragraph does not possess the privilege to drive on the date of the disposition, the suspension shall commence: If the individual is at an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date of the disposition; or If the individual is younger than an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date the individual is eligible to obtain driving privileges. The Administration may suspend the license of a person who is convicted of a moving violation that contributed to an accident resulting in the death of another person. A suspension under this paragraph may not exceed 6 months. This paragraph does not limit the authority of the Administration to suspend, revoke, or refuse to issue or renew a license under any other provision of law. 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: If the child is at least 16 years old on the date of the disposition, on the date of the disposition; or If the child is younger than 16 years of age on the date of the disposition, on the date the child reaches the child’s 16th birthday. 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 adjudication of delinquency or finding that the child is in violation of § 13–401(b) of this article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, § 21–902, or § 21–904 of this article as described in this subsection; and Receive credit for any suspension period imposed under § 16–113(f) of this title or § 16–205.1 of this subtitle that arises out of the circumstances of the violation of § 21–902 of this article described in this subsection. Subject to the provisions of this paragraph, a person may request on the record that a hearing on a suspension under this subsection and any other hearing on another suspension or revocation under subsection (c) of this section, § 16–213 of this subtitle, or § 16–404 of this title that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection be consolidated. A person who requests consolidation of hearings under this paragraph shall waive on the record each applicable notice of right to request a hearing required under Title 12, Subtitle 1 or 2 of this article or Title 10, Subtitle 2 of the State Government Article that applies to the other suspensions or revocations arising out of the same circumstances. A hearing under this paragraph may not be postponed at the request of the person who requests consolidation of hearings under subparagraph (i) of this paragraph due to a consolidation of the hearings. Subject to the provisions of this paragraph, the Administration shall consolidate the hearings described in this paragraph unless the administrative law judge finds in writing that good cause exists not to consolidate the hearings. 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 the child is at least 16 years of age on the date of the disposition, on the date of the disposition; or If the child is younger than 16 years of age on the date of the disposition, on the date the child reaches the child’s 16th birthday. On receipt of a notice described under § 10–119(k) of the Criminal Law Article, the Administration shall suspend the license of an individual described under § 10–119(k) of the Criminal Law Article: For a first offense, for 6 months; and For a second or subsequent offense, until the individual is 21 years old or for a period of 1 year, whichever is longer. On receipt of a notice described under § 13–401(b)(2) of this article, the Administration shall suspend the license of an individual described under § 13–401(b)(2) of this article: For a first offense, for 6 months; and For a second or subsequent offense, for 1 year. 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: The license is required for the purpose of attending an alcohol education or alcoholic prevention or treatment program; The child or individual is required to drive a motor vehicle in the course of employment; It finds that the individual’s or child’s employment would be adversely affected because the individual or child has no reasonable alternative means of transportation to or from a place of employment; or It finds that the individual’s or child’s education would be adversely affected because the individual or child has no reasonable alternative means of transportation for educational purposes. 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: Whether the Administration has mistaken the identity of the individual whose license or privilege to drive has been suspended; and Whether the individual may be issued a restricted license that is limited to driving a motor vehicle: For the purpose of attending an alcohol education or alcoholic prevention or treatment program; That is required in the course of employment; For the purposes of driving to or from a place of employment if the individual’s employment would be adversely affected because the individual has no reasonable alternative means of transportation to or from the place of employment; or For the purposes of driving to or from school or any other place of educational instruction if the individual’s education would be adversely affected because the individual has no reasonable alternative means of transportation for educational purposes. 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: Immediately may suspend the license; Within 7 days of a request for a hearing, shall grant the licensee a hearing as provided in Title 12, Subtitle 2 of this article; and After the hearing, render an immediate decision as to whether or not it should continue the suspension or revoke the license. 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. In accordance with Title 12, Subtitle 2 of this article, the Administration shall provide notice of a suspension under subsection (a)(5) of this section and the licensee may request a hearing.

Subject to the provisions of subsection (b) of this section, on receipt of notice described under § 7-104(h) of the Criminal Law Article that an individual licensed in the State has been convicted of a violation under § 7-104 of the Criminal Law Article for a failure to pay for motor fuel after the motor fuel was dispensed into a vehicle, the Administration: 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. Subject to the provisions of Title 12, Subtitle 2 of this article, a licensee may request a hearing on a suspension under this section.

The Administration may require a licensee to submit to reexamination, on at least 7 days’ written notice, if: The licensee is involved in an accident resulting in the death of another; or Except as provided in paragraph (2) of this subsection, the Administration has good cause to believe that the licensee is unfit, unsafe, or otherwise not qualified to be licensed. The Administration may not use the age of the licensee as grounds for reexamination. After reexamination, the Administration, as appropriate, may: 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. The Administration may suspend or revoke the driver’s license of any licensee who refuses or neglects to submit to a reexamination under this section.

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: For failure to comply with the required security provisions of Title 17 of this article; For failure to appear at a hearing as provided in Title 12, Subtitle 2 of this article; For failure to obey a citation, as provided in Title 26 of this article; For failure to pay a fine in accordance with the court’s directive as provided in Title 27 of this article; or For failure to pay child support, as provided in § 16–203 of this subtitle. 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. If it is the individual’s first revocation, the individual may file a reinstatement application at any time after the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after the effective date of the revocation. Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege 6 months after the revoked license is received by the Administration or, in the case of an individual who does not have a license issued under this title, 6 months after the effective date of revocation. If it is the individual’s second revocation, the individual may file a reinstatement application at any time after 1 year from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 1 year from the effective date of revocation. Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege. If it is the individual’s third revocation, the individual may file a reinstatement application at any time after 18 months from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 18 months from the effective date of revocation. Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege. If it is the individual’s fourth or subsequent revocation, the individual may file a reinstatement application at any time after 2 years from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 2 years from the effective date of revocation. Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege. Except as provided in subparagraph (ii) of this paragraph, if the individual’s license is revoked under § 16–205(b) of this subtitle, the individual may file a reinstatement application at any time after 5 years from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 5 years from the effective date of revocation. The individual may file a reinstatement application at any time after 2 years from the day the revoked license is surrendered to and received by the Administration or, in the case of an individual who does not have a license issued under this title, after 2 years from the effective date of revocation if the Administration finds that: Not allowing the individual to file a reinstatement application will cause undue hardship; or Extenuating circumstances exist justifying the filing of a reinstatement application. Except as provided in paragraph (7) of this subsection, on receipt of the application, the Administration may reinstate the license or privilege. The Administration may not reinstate a license or privilege to drive under this subsection if the license or privilege has been refused, revoked, suspended, or canceled under any other provision of the Maryland Vehicle Law. In this subparagraph, “alcohol–related or drug–related driving incident” means a: Conviction or probation before judgment for a violation of § 21–902(a), (b), (c), or (d) of this article or a substantially similar law of another jurisdiction; Refusal to submit to a test under § 16–205.1 of this subtitle or a substantially similar law of another jurisdiction; or Test result that indicates an alcohol concentration of 0.10 or more at the time of testing under § 16–205.1 of this subtitle or a substantially similar law of another jurisdiction. Alcohol–related or drug–related driving incidents committed at the same time or arising out of the same circumstances may not be considered separate alcohol–related or drug–related driving incidents for the purpose of this subparagraph. Notwithstanding paragraphs (1) through (6) of this subsection, the Administration may reinstate a license or privilege to drive only if, after an investigation of an individual’s habits and driving ability, the Administration is satisfied it will be safe to reinstate the license or privilege of an individual who has been: Involved in any combination of three or more separate alcohol–related or drug–related driving incidents; Involved in a vehicular accident resulting in the death of another person; or Convicted of a violation for failing to stop after a vehicular accident resulting in bodily injury or death. 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.

In addition to any suspensions or revocations of an individual’s license or privilege to drive provided for in this title, if the individual holds a Class A, B, or C license issued under § 16–815 of this title or is operating a commercial motor vehicle, the Administration shall disqualify the individual from operating a commercial motor vehicle if the convictions resulted from an offense or offenses that occurred in this State or any other state that would subject the individual to disqualification under § 16–812 of this title. Any disqualification imposed under subsection (a) of this section shall be for the period of time provided in § 16–812 of this title. If an individual has been disqualified from operating a commercial motor vehicle pursuant to subsection (a) of this section, but that individual is otherwise eligible for a license or privilege to operate vehicles other than commercial motor vehicles, the Administration may issue a noncommercial driver’s license to that individual. The Administration may not issue a commercial driver’s license to an individual until the disqualification imposed under subsection (a) of this section has expired. Notwithstanding any law to the contrary, if an individual has been disqualified from driving a commercial motor vehicle under the provisions of § 16–812(i) of this title, that individual may not drive a commercial motor vehicle as defined in § 16–812(i) until the period of disqualification is completed and the individual is issued a commercial driver’s license by the Administration.

On filing an application for a new license or for reinstatement of the privilege to drive, any individual whose license or privilege to drive has been revoked shall pay to the Administration a fee established by the Administration. If the applicant’s license was revoked as a result of a conviction under § 21–902 of this article or a violation of an alcohol restriction, the applicant shall pay a fee established by the Administration in addition to the amount charged under subsection (a) of this section.

On canceling, suspending, or revoking a driver’s license, the Administration shall require that the license be surrendered to the Administration. At the end of a suspension period, the Administration shall issue a driver’s license to the licensee. When the Administration suspends or revokes a Maryland driver’s license or issues a restricted license, the suspension, revocation, or restriction is effective at the time the decision is rendered, unless otherwise ordered by the Administration. Credit for the term of the suspension, revocation, or period of restriction shall begin only after the Administration has received: 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 Maryland driver’s license is not in the possession of the licensee; and If the Maryland driver’s license comes into the licensee’s possession, the licensee shall immediately surrender the license to the Administration.

An individual whose license or privilege to drive has been refused under this title may not drive a motor vehicle in this State after the refusal under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title. An individual whose license or privilege to drive has been suspended under this title may not drive a motor vehicle in this State during the suspension under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title. An individual whose license or privilege to drive has been revoked under this title may not drive a motor vehicle in this State after the revocation under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title. An individual whose license or privilege to drive has been refused under this title may not drive a motor vehicle in this State after the refusal under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title. An individual whose license or privilege to drive has been suspended under this title may not drive a motor vehicle in this State during the suspension under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title. An individual whose license or privilege to drive has been revoked under this title may not drive a motor vehicle in this State after the revocation under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.

The Administration may conduct: 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. If an individual is convicted of one or more moving violations: 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. In carrying out an order of the court, a probation officer or health department officer may assign 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.

The Administration, in cooperation with the Behavioral Health Administration, shall establish the 3–hour Roadway Safety Driving Education Program to educate driver’s license applicants who are subject to the provisions of § 16–105(f)(3) of this title. This program also shall be included as part of the driver education course established under Subtitle 5 of this title. The 3–hour Roadway Safety Driving Education Program shall provide instruction on: 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. The Administration shall adopt regulations establishing criteria for certifying a private entity to offer the 3–hour Roadway Safety Education Program established under this section.

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: To or from a school class or an official school activity; or To or from, or in the course of, the licensee’s employment. “Offense” means a moving violation committed by an individual who: Held a provisional license under § 16–111 of this title on the date the violation was committed; Was convicted of, or granted a probation before judgment under § 6–220 of the Criminal Procedure Article for, the violation; and Was not eligible for a license under § 16–111.1 of this title at the time of the violation. Except as provided in § 16–205(d–1) or § 16–206(b) of this subtitle, the sanctions under this section are in addition to any other penalty or sanctions that might apply as a result of a moving violation. The Administration: 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 an adult, may suspend the offender’s license for up to 30 days; and For an individual under the age of 18 years, may: Suspend the offender’s license for up to 30 days; and Impose, on completion of the suspension, an education and employment only restriction on the offender’s license effective for 90 days; For a third offense: For an adult, may suspend the offender’s license for up to 180 days; and For an individual under the age of 18 years, may: Suspend the offender’s license for up to 180 days; Require the offender to attend a driver improvement program designed for young drivers under § 16–212 of this subtitle; and Impose, on completion of the suspension, an education and employment only restriction on the offender’s license effective for 180 days; and For a fourth or subsequent offense: For an adult, may suspend or revoke the offender’s license for up to 180 days; and For an individual under the age of 18 years, may: Revoke the offender’s license for not less than 180 days; and Require the offender, in addition to applying for reinstatement as required under § 16–208(b) of this subtitle, to pass the examinations required under § 16–110 of this title.