MOTOR VEHICLE ADMINISTRATION v. ROBERT ALLEN KRAFFT
Court of Appeals of Maryland, McDonald, April 21, 2017,
DWI – Implied Consent – An MVA suspension for refusing to take a breath test is based on whether the officer had reasonable grounds for believing that they were driving or attempting to drive while under the influence of alcohol.

Facts:
In one case, the driver was found asleep, slumped over a steering wheel with the motor running. He admitted to drinking, but said he was only in the car for shelter while he waited for his ride. He was transported to a station, read his DR-15 rights, but refused a BAC test.
In the other case, a trooper found an empty vehicle involved in an accident in front of a house. The car was registered to a driver living at that location, and the trooper saw a man passed out on a couch inside of the open door. He spoke with the man, who was clearly intoxicated. The man was given his DR-15 rights, but refused a breath test.
Both were suspended and challenged their suspensions, claiming that there was insufficient evidence they were driving (or attempting to drive).

Legal:
Held: The MVA doesn’t need to prove that they were driving. They only need to show that the officer had reasonable grounds to believe that they were driving/attempting to drive.

TR 16-205.1 – Everyone who drives (or attempts to drive) in Maryland has consented to take a breath test to determine BAC if they are stopped on suspicion of DUI/DWI.

Once an officer has detained a suspected drunk-driver, they must advise of the rights found on the DR-15 form.

If they refuse/fail, they are given a temporary DR-15A license

The driver can request an administrative hearing to contest the suspension, challenging either:
(1) whether the officer had reasonable grounds for believing that the individual was driving (or attempting to drive) while impaired,
(2) whether there was evidence of alcohol use by the individual,
(3) whether the officer properly advised the individual in accordance with the statute when requesting the breath test, or
(4) whether the individual refused the test

a suspension for a test refusal is to be upheld only if the law enforcement officer who detained the suspected drunk driver had “reasonable grounds to believe” that the individual was driving (or attempting to drive) while impaired by alcohol. (or drugs, if relevant)

“Reasonable grounds” has been held equivalent to “reasonable articulable suspicion.”