§ 16-813. Alcohol concentration

   (a) Driving, operating, etc., of vehicle prohibited. --

   (1) An individual may not drive, operate, or be in physical control of a commercial motor vehicle while the individual has any alcohol concentration in the individual's blood or breath.

   (2) Notwithstanding the provisions of paragraph (1) of this subsection and for the purpose of disqualifying an individual's commercial driver's license for a violation of § 16-812(a) of this subtitle, an individual may not drive, operate, or be in physical control of a commercial motor vehicle while the individual has an alcohol concentration of 0.04 or greater in the individual's blood or breath.

(b) Refusal to take chemical test. -- A person who drives, operates, or is in physical control of a commercial motor vehicle while having alcohol in the person's system or who, subject to § 16-205.1 of this title, refuses to take a chemical test to determine the alcohol concentration, shall be placed out of service for the 24-hour period immediately following the time the police officer or employer detects alcohol in the driver's blood or breath.

HISTORY: 1989, ch. 291, § 2; 2005, ch. 25, § 13; 2008, ch. 275.