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§47-6-205.1.
§47-6-205.1.
A. The driving privilege of a person who is convicted of any offense
as provided in paragraph 2 or 6 of subsection A of Section 6-205 of
this title, or a person who has refused to submit to a test or tests
as provided in Section 753 of this title, or a person whose alcohol
concentration is subject to the provisions of Section 754 of this
title, shall be revoked or denied by the Department of Public Safety
for the following period, as applicable:
1. The first license revocation pursuant to Section 753 of this title
shall be for one hundred eighty (180) days, which may be modified;
2. The first license revocation pursuant to paragraph 2 of subsection
A of Section 6-205 of this title or pursuant to Section 754 of this
title shall be for one hundred eighty (180) days, which may be
modified;
3. A revocation pursuant to paragraph 2 of subsection A of Section
6-205, or to Section 753 or 754 of this title shall be for a period of
one (1) year if within five (5) years preceding the date of arrest
relating thereto, a prior revocation commenced pursuant to paragraph 2
or 6 of subsection A of Section 6-205, or to Section 753 or 754 of
this title as shown by the Department's records. Such period may be
modified; or
4. A revocation pursuant to paragraph 2 of subsection A of Section
6-205, or to Section 753 or 754 of this title shall be for a period of
three (3) years if within five (5) years preceding the date of arrest
relating thereto, two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6-205, or to Section 753
or 754 of this title as shown by the Department's records. Such period
may be modified.
B. The driving privilege of a person who is convicted of any offense
as provided in paragraph 6 of subsection A of Section 6-205 of this
title shall be revoked or denied by the Department of Public Safety
for the following period, as applicable:
1. The first license revocation shall be for one hundred eighty (180)
days, which may be modified; provided, for license revocations for a
misdemeanor charge of possessing a controlled dangerous substance, the
provisions of this paragraph shall apply to any such revocations by
the Department on or after January 1, 1993;
2. A revocation shall be for a period of one (1) year if within five
(5) years preceding the date of arrest relating thereto, a prior
revocation commenced pursuant to paragraph 2 or 6 of subsection A of
Section 6-205, or under Section 753 or 754 of this title as shown by
the Department's records. Such period may be modified; or
3. A revocation shall be for a period of three (3) years if within
five (5) years preceding the date of arrest relating thereto, two or
more prior revocations commenced pursuant to paragraph 2 or 6 of
subsection A of Section 6-205, or under Section 753 or 754 of this
title as shown by the Department's records. Such period may be
modified.
The revocation of the driving privilege of any person under this
subsection shall not run concurrently with any other withdrawal of
driving privilege resulting from a different incident and which
requires the driving privilege to be withdrawn for a prescribed amount
of time. A denial based on a conviction of any offense as provided in
paragraph 6 of subsection A of Section 6-205 of this title shall
become effective on the first day the convicted person is otherwise
eligible to apply for and be granted driving privilege if the person
was not eligible to do so at the time of the conviction. For the
purposes of this subsection, the term "conviction" shall include any
notification from a court pursuant to Section 6-107.1 of this title.
C. The term "revocation" as used in this section includes a denial of
driving privileges by the Department.
D. Each period of revocation not subject to modification shall be
mandatory and neither the Department nor any court shall grant driving
privileges based upon hardship or otherwise for the duration of that
period. The revocation periods provided for in this section may be
modified as provided for in Section 754.1 or 755 of this title.
E. Any appeal of a revocation or denial of driving privileges shall be
governed by Section 6-211 of this title.
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