Supreme Court of Maryland

Motor Vehicle Admin. v. Usan

January 25, 2024

Summary

The Supreme Court of Maryland held that substantial evidence supported the ALJ’s finding that the officer had reasonable grounds to believe Mr. Usan was driving while impaired by alcohol, drugs, or both, despite the absence of an alcohol odor and a 0.00 preliminary breath-test result. The Court also held that the implied-consent statute permits an officer with that reasonable suspicion to request alcohol testing, drug testing, or both, and that Mr. Usan refused the requested testing in violation of the statute. The Court therefore reversed the circuit court and reinstated the ALJ’s license-suspension determination.