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MDOT supports HB 189 to disqualify commercial licenses after 0.08 admin per se in noncommercial vehicle
Summary
Chrissy Neisser, Motor Vehicle Administrator with MDOT, told the House Judiciary Committee on Jan. 29, 2025, that HB 189 would let Maryland disqualify CDL holders at the administrative-per-se step after a 0.08 blood-alcohol reading, aligning state practice with FMCSA rules.
Chrissy Neisser, Motor Vehicle Administrator with the Maryland Department of Transportation, testified in support of House Bill 189 at the Judiciary Committee hearing on Jan. 29, 2025. Neisser said the bill would allow the Motor Vehicle Administration to disqualify a commercial driver's license (CDL) holder when the driver records a 0.08 or greater blood-alcohol concentration under Maryland’s administrative‑per‑se process, before a criminal conviction.
Neisser told the committee the measure would bring Maryland into alignment with Federal Motor Carrier Safety Administration (FMCSA) rules. “The driver will be disqualified from driving a commercial motor vehicle for 1 year for the first offense and the second offense is a lifetime,” she said. Neisser said FMCSA treats the state administrative‑per‑se finding as a conviction for purposes of federal CDL disqualification; the change would let Maryland take the federal‑required disqualification action at the admin‑per‑se stage rather than wait for a later conviction.
Her testimony cited existing state law (identified in the hearing record as section 16‑812 of the Transportation Article) and explained the change is procedural: it allows the MVA to pair administrative suspension and disqualification processes so they can run concurrently, rather than imposing disqualification only after court conviction. The agency said the proposal reduces delay and improves federal compliance.
Committee members asked about process and appeals. Neisser said the administrative hearing process remains available: a driver can request a hearing at the admin‑per‑se level and later appeal conviction findings. Questions also covered technical points such as how refusals are handled; Neisser said refusals would be processed under existing law and the bill would not change current treatment of breath-test refusals for CDL holders.
No formal committee vote on HB 189 was recorded at the hearing; agency representatives answered questions and the committee closed testimony on the bill.
Ending: The committee concluded testimony; staff indicated they would provide more technical detail if requested.
