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ROBERT L. EHRLICH, JR., Governor Ch. 461
(iv) FOR A TEST RESULT INDICATED AN ALCOHOL
CONCENTRATION OF 0.15 OR MORE AT THE TIME OF TESTING, ADVISE THE PERSON
OF:
1. THE PERSON'S MANDATORY PARTICIPATION IN THE
IGNITION INTERLOCK SYSTEM PROGRAM FOR NOT LESS THAN 3 YEARS FOLLOWING
THE PERIOD OF SUSPENSION REQUIRED UNDER THIS SECTION; AND
2. THE PERSON'S INELIGIBILITY FOR MODIFICATION OF A
SUSPENSION OR ISSUANCE OF A RESTRICTIVE LICENSE UNDER THIS SECTION
UNLESS THE PERSON PARTICIPATES IN THE IGNITION INTERLOCK SYSTEM
PROGRAM FOR THE PERIOD OF SUSPENSION REQUIRED UNDER THIS SECTION; AND
(V) Advise the person of the additional criminal penalties that may
be imposed under § 27-101(x) 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.
(3) 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:
(vii) Within 73 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:
3. The person was fully advised of the administrative
sanctions that shall be imposed, including:
A. [the] THE fact that a person who refuses to take the test is
ineligible for modification of a suspension or issuance of a restrictive license under
subsection (n)(1) or (2) of this section;
B. THE FACT THAT A PERSON WHOSE TEST RESULT
INDICATES AN ALCOHOL CONCENTRATION OF 0.15 OR MORE AT THE TIME OF
TESTING IS REQUIRED TO PARTICIPATE IN THE IGNITION INTERLOCK SYSTEM
PROGRAM FOR NOT LESS THAN 3 YEARS FOLLOWING THE PERIOD OF SUSPENSION
REQUIRED UNDER THIS SECTION; AND
C. THE FACT THAT A PERSON WHOSE TEST RESULT
INDICATES AN ALCOHOL CONCENTRATION OF 0.15 OR MORE AT THE TIME OF
TESTING IS INELIGIBLE FOR MODIFICATION OF A SUSPENSION OR ISSUANCE OF A
RESTRICTIVE LICENSE UNDER THIS SECTION UNLESS THE PERSON PARTICIPATES IN
THE IGNITION INTERLOCK SYSTEM PROGRAM FOR THE PERIOD OF SUSPENSION
REQUIRED UNDER THIS SECTION.
(f) (7) (i) At a hearing under this section, the person has the rights
described in § 12-206 of this article, but at the hearing the only issues shall be:
1. Whether the police officer who stops or detains a person
had reasonable grounds to believe the person was driving or attempting to drive while
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
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