§ 16-205. Alcohol or drug offenses; revocation and suspension
West's Annotated Code of MarylandTransportationEffective: April 11, 2017
Effective: April 11, 2017
MD Code, Transportation, § 16-205
§ 16-205. Alcohol or drug offenses; revocation and suspension
(a)(1) The Administration may revoke the license of any person who:
(ii) 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:
(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
(c)(1) 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.
(d)(1) 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.
(d-1)(1) 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:
(3)(i) 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.
(ii) 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.
(e)(1) In this subsection, “motor vehicle” does not include a commercial motor vehicle.
(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 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
(8) 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:
(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 (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
(i) 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
(11) 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.
(15) 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.
(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 restricted license to a licensee who participates in the Ignition Interlock System Program established under § 16-404.1 of this title.
(g) 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.1
Credits
Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1981, c. 242; Acts 1989, c. 284; Acts 1994, c. 521, § 1, eff. Oct. 1, 1994; Acts 1996, c. 652, § 2, eff. May 23, 1996; Acts 1997, c. 261, § 1, eff. Oct. 1, 1997; Acts 2000, c. 61, § 6, eff. April 25, 2000; Acts 2000, c. 666, § 1, eff. Oct. 1, 2000; Acts 2001, c. 3, § 1, eff. Oct. 1, 2001; Acts 2001, c. 4, § 1, eff. Sept. 30, 2001; Acts 2001, c. 5, § 1, eff. Sept. 30, 2001. Amended by Acts 2002, c. 110, § 1, eff. Sept. 30, 2002; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2006, c. 219, § 1, eff. Oct. 1, 2006; Acts 2006, c. 220, § 1, eff. Oct. 1, 2006; Acts 2009, c. 496, § 1, eff. Oct. 1, 2009; Acts 2011, c. 556, § 2, eff. Oct. 1, 2011; Acts 2011, c. 557, § 2, eff. Oct. 1, 2011; Acts 2014, c. 17, § 1, eff. Oct. 1, 2014; Acts 2016, c. 512, § 1, eff. Oct. 1, 2016; Acts 2017, c. 62, § 1, eff. April 11, 2017.
Footnotes
Transportation, § 11-101 et seq.
MD Code, Transportation, § 16-205, MD TRANS § 16-205
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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