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Session Laws, 1989
Volume 771, Page 4637   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

while intoxicated [or], while under the influence of alcohol,
WHILE UNDER THE INFLUENCE OF DRUGS OR DRUGS AND ALCOHOL, OR WHILE
UNDER THE INFLUENCE OF A CONTROLLED DANGEROUS SUBSTANCE, the
person shall be required to submit to a [chemical] test OR TESTS,
as directed by the officer, [of the person's blood or breath] to
determine the alcohol [content] CONCENTRATION of the person's
blood OR BREATH OR DRUG CONTENT OF THE PERSON'S BODY.

(2)  If a police officer directs that a person's blood
[or], breath, URINE, OR OTHER BODY FLUIDS be tested for alcohol
OR DRUBS OR BOTH, then the provisions of § 10-304 of the Courts
and Judicial Proceedings Article shall apply.

(3)  Any medical personnel who perform any [test]
TESTS required by this section are not liable for any civil
damages as the result of any act or omission related to such
[test] TESTS, not amounting to gross negligence.

(d)  (1) If a police officer has reasonable grounds to
believe [an individual] A PERSON has been driving or attempting
to drive a motor vehicle while intoxicated [or], while under the
influence Of alcohol, WHILE UNDER THE INFLUENCE OF DRUGS OR DRUGS
AND ALCOHOL, OR WHILE UNDER THE INFLUENCE OF A CONTROLLED
DANGEROUS SUBSTANCE, and if the police officer determines the
[individual] PERSON is unconscious or otherwise incapable of
refusing to take a [chemical] test OR TESTS for alcohol, the
police officer shall:

(i) Obtain prompt medical attention for the
[individual] PERSON;

(ii) If necessary, arrange for removal of the
[individual] PERSON to a nearby medical facility; and

(iii) If a [chemical] test for alcohol, DRUGS,
OR BOTH would not jeopardize the health or well-being of the
[individual] PERSON, direct a qualified medical person to
withdraw blood for [a chemical test] TESTS A TEST [for alcohol]
to determine the alcohol [content] CONCENTRATION OR DRUG CONTENT
OR BOTH of the [individual's blood] PERSON'S BODY.

(2) If [an individual] A PERSON regains
consciousness or otherwise becomes capable of refusing before the
taking of [a chemical test] TESTS A TEST to determine the alcohol

[content] CONCENTRATION OR DRUG CONTENT OR BOTH of the

[individual's blood] PERSON'S BODY, the police officer shall
follow the procedure set forth in subsection (b) or (c) of this
section.

(e)  (1) The [chemical] tests for alcohol may be
administered by an individual who has been examined and is
certified by the Maryland State Police   as sufficiently   equipped
and trained to administer the tests.

- 4637 -

 

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Session Laws, 1989
Volume 771, Page 4637   View pdf image
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