WILLIAM DONALD SCHAEFER, Governor Ch. 413

ISSUED, THE DEFENDANT SHALL FILE A NEW SUBPOENA FOR THE
TOXICOLOGIST.

(iv) (III) (IV) In addition to the requirements of Rule 4-265, the
subpoena shall contain the name, address, and telephone number of the defendant or
the defendant's attorney.

(3) A subpoena for the toxicologist may be quashed if a defendant fails to
comply with the requirements of this subsection.

(4) A motion to quash a defendant's subpoena may be filed by any party or
by the Attorney General.

(e) The person tested is permitted to have a physician of the person's own
choosing administer tests in addition to the one administered at the direction of the
police officer, and in the event no test is offered or requested by the police officer, the
person may request, and the officer shall have administered, one or more of the tests
provided for in this section.

(f) Nothing in this section precludes the right to introduce any other competent
evidence bearing upon the date of the certificate or change in the equipment since the
date of the certificate.

10-305.

(a) The type of test administered to the defendant to determine alcohol
concentration shall be the test of breath except that the test of blood shall be the type
of test administered if:

(1) The defendant is unconscious or otherwise incapable of refusing to
take a test [for] TO DETERMINE alcohol [or drugs or both] CONCENTRATION;

(2) Injuries to the defendant require removal of the defendant to a
medical facility; or

(3) The equipment for administering the test of breath is not available.

(B) THE TYPE OF TEST ADMINISTERED TO THE DEFENDANT TO
DETERMINE DRUG OR CONTROLLED DANGEROUS SUBSTANCE CONTENT
SHALL BE THE TEST OF BLOOD.

(B) THE TYPE OF SPECIMEN OBTAINED FROM THE DEFENDANT
FOR THE PURPOSE OF A TEST OR TESTS TO DETERMINE DRUG OR
CONTROLLED DANGEROUS SUBSTANCE CONTENT SHALL BE A BLOOD

SPECIMEN.

[(b)] (C) Any person who is dead, unconscious, or otherwise in a condition
rendering him incapable of test refusal shall be deemed not to have withdrawn consent.

10-306.

(a) (1) (I) Subject to the provisions of paragraph (2) of this subsection, in

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