Maryland Transportation Section 16-205

Article - Transportation

§ 16-205.

      (a)      The Administration may revoke the license of any person who:

            (1)      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

            (2)      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:

                  (i)      § 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;

                  (ii)      § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;

                  (iii)      § 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

                  (iv)      § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.

      (b)      The Administration:

            (1)      Shall revoke the license of any person who has been convicted, under Title 2, Subtitle 5 of the Criminal Law Article, of 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; and

            (2)      May not issue a temporary license to drive for any person whose license has been revoked under item (1) of this subsection during an administrative appeal of the revocation.

      (c)      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.

      (d)      The Administration may suspend for not more than 120 days the license of any person who, 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 motor vehicle safely and who was previously convicted of a violation under:

            (1)      § 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;

            (2)      § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;

            (3)      § 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 motor vehicle safely; or

            (4)      § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.

      (e)      (1)      In this subsection, "motor vehicle" does not include a commercial motor vehicle.

            (2)      Subject to the provisions of this subsection, 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.

            (3)      On receiving a record of a conviction of a person for a violation of § 21-902(a) of this article more than once within a 5-year period, the Administration shall issue to the person a notice of suspension of the person's license that:

                  (i)      States that the person's license shall be suspended for 1 year; and

                  (ii)      Advises the person of the right to request a hearing under this paragraph.

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

                  (i)      The person does not request a hearing;

                  (ii)      After a hearing, the Administration finds that the person was convicted of more than one violation of § 21-902(a) of this article within a 5-year period; or

                  (iii)      The person fails to appear for a hearing requested by the person.

            (5)      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:

                  (i)      States that the person shall maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person;

                  (ii)      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 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension; and

                  (iii)      Advises the person of the right to request a hearing under this paragraph.

            (6)      After notice under paragraph (5) of this subsection, or a waiver of notice, the Administration shall order a person to maintain for not less than 3 months and not more than 1 year, 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:

                  (i)      The person does not request a hearing;

                  (ii)      The Administration finds at a hearing that the person owns one or more motor vehicles and that no financial hardship, as described in paragraphs (7) and (8) 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

                  (iii)      The person fails to appear for a hearing requested by the person.

            (7)      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:

                  (i)      Shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, 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

                  (ii)      May not require the person to maintain an ignition interlock system on any motor vehicle to which the financial hardship applies.

            (8)      An exemption under paragraph (7)(ii) of this subsection applies only under circumstances that:

                  (i)      Are specific to the person's motor vehicle; and

                  (ii)      Meet criteria contained in regulations that shall be adopted by the Administration.

            (9)      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 3 months and not more than 1 year, 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.

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

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

                  (i)      Revoke or suspend a license of a person; or

                  (ii)      Prohibit a person from driving a motor vehicle that is not equipped with an ignition interlock system.

            (12)      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) of this article described in this subsection.

      (f)      (1)      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 restrictive license to a licensee who participates in the Ignition Interlock System Program established under § 16-404.1 of this title.

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

      (g)      When a suspension imposed under subsections (c), (d), or (e) of this section 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.