A. Pursuant to Transportation Article, §16-205.1(b)(3), Annotated Code of Maryland, a police officer shall, among other duties, serve an order of suspension on the driver, confiscate the driver's license, and issue a temporary license permitting a person to drive if the person refuses to take a test or takes a test which results in an alcohol concentration of 0.08 or more at the time of testing.
B. A police officer may not issue a temporary license to drive if the:
(1) Person's license to drive in Maryland is suspended, revoked, cancelled, refused, or disqualified at the time the order of suspension is served;
(2) License that was confiscated was invalid;
(3) Person was not entitled to driving privileges for any other reason;
(4) Person holds a license issued by another State; or
(5) Person is not in possession of the license and the person refuses to sign a certification stating that:
(a) The license is not in the person's possession, and
(b) Upon repossession the person will immediately surrender it to the Administration.