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ROBERT L. EHRLICH, JR., Governor Ch. 461
that the person could not drive a vehicle safely, while impaired by a controlled
dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813
of this title;
2. There was evidence of the use by the person of alcohol, any
drug, any combination of drugs, a combination of one or more drugs and alcohol, or a
controlled dangerous substance;
3. The police officer requested a test after the person was
fully advised 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) and (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; and
4. A. The person refused to take the test; or
B. 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.
(IX) FOR A TEST RESULT INDICATING AN ALCOHOL
CONCENTRATION OF 0.15 OR MORE AT THE TIME OF TESTING, THE ADMINISTRATION
SHALL REQUIRE A PERSON CHARGED UNDER SUBSECTION (B) OR (C) OF THIS
SECTION TO PARTICIPATE IN THE IGNITION INTERLOCK SYSTEM PROGRAM FOR NOT
LESS THAN 3 YEARS FOLLOWING THE PERIOD OF SUSPENSION REQUIRED UNDER
THIS SECTION.
(n) (5) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE
ADMINISTRATION MAY NOT MODIFY A SUSPENSION OR ISSUE A RESTRICTIVE
LICENSE TO A PERSON WHOSE TEST RESULT INDICATED AN ALCOHOL
CONCENTRATION OF 0.15 OR MORE AT THE TIME OF TESTING UNLESS THE PERSON
PARTICIPATES IN THE IGNITION INTERLOCK SYSTEM PROGRAM FOR THE PERIOD OF
SUSPENSION REQUIRED UNDER THIS SECTION.
(b) (1) 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
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