|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
Ch. 167
|
|
|
|
|
|
|
|
|
|
(ii) One specimen of the person's blood, to determine alcohol
concentration or to determine the drug or controlled dangerous substance content of
the person's blood; or
(iii) Both the person's breath under item (i) of this paragraph and
one specimen of the person's blood under item (ii) of this paragraph.
(2) If a police officer directs that a person be tested, then the provisions
of § 10-304 of the Courts and Judicial Proceedings Article shall apply.
(3) Any medical personnel who perform any test required by this section
are not liable for any civil damages as the result of any act or omission related to such
test, not amounting to gross negligence.
(d) (1) If a police officer has reasonable grounds to believe that a person has
been driving or attempting to drive a motor vehicle while under the influence of
alcohol, while impaired by alcohol, while so far impaired by any drug, any
combination of drugs, or a combination of one or more drugs and alcohol that the
person could not drive a vehicle safely, while impaired by a controlled dangerous
substance, or in violation of § 16-813 of this title, and if the police officer determines
that the person is unconscious or otherwise incapable of refusing to take a test, the
police officer shall:
(i) Obtain prompt medical attention for the person;
(ii) If necessary, arrange for removal of the person to a nearby
medical facility; and
(iii) If a test would not jeopardize the health or well-being of the
person, direct a qualified medical person to withdraw blood for a test.
(2) If a person regains consciousness or otherwise becomes capable of
refusing before the taking of a test, the police officer shall follow the procedure set
forth in subsection (b) or (c) of this section.
(e) (1) The tests to determine alcohol concentration may be administered by
an individual who has been examined and is certified by the Department of State
Police as sufficiently equipped and trained to administer the tests.
(2) The Department of State Police may adopt regulations for the
examination and certification of individuals trained to administer tests to determine
alcohol concentration.
(f) (1) Subject to the provisions of this subsection, at the time of, or within
30 days from the date of, the issuance of an order of suspension, a person may submit
a written request for a hearing before an officer of the Administration if:
(i) The person is arrested for driving or attempting to drive a motor
vehicle while under the influence of alcohol, while impaired by alcohol, while so far
impaired by any drug, any combination of drugs, or a combination of one or more
|
|
|
|
|
|
|
|
|
|
- 1036 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
