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Session Laws, 1959
Volume 642, Page 1188   View pdf image (33K)
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1188                             Laws of Maryland                      [Ch. 769

driving or attempting to drive any vehicle as specified in such other
laws, the amount of alcohol in the defendant's blood at the time
alleged as shown by chemical analysis of the defendant's blood
urine, breath or other bodily substance, shall be admitted as evidence,
PROVIDED, HOWEVER, THAT THE SPECIMEN OF BLOOD,
BREATH OR URINE MUST HAVE BEEN TAKEN WITHIN
TWO HOURS AFTER THE PERSON BEING PROSECUTED
WAS FIRST APPREHENDED BY THE ARRESTING OFFICER,
and shall give rise to the following presumptions:

1.   If there was at that time in his blood five one-hundredths of
one percentum (0.05%) or less, by weight, of alcohol, or if an equiva-
lent quantity of alcohol was contained in two thousand cubic centi-
meters of his breath (true breath or alveolar air having
per-
centum of carbon dioxide), or if there was in his urine eight one-
hundredths of one percentum (0.08%) or less, by weight, of alcohol,
it shall be presumed that the defendant was not under the influence
of intoxicating liquor;

2.   If there was at that time in his blood more than five one-
hundredths of one percentum (0.05%), but less than fifteen one-
hundredths of one percentum (0.15%), by weight, of alcohol, or if an
equivalent quantity of alcohol was contained in two thousand cubic
centimeters of his breath (true breath or alveolar air haying

percentum, of carbon dioxide), or if there was in his urine more
than eight one-hundredths of one percentum (0.08%), but less than
twenty one-hundredths of one percentum (0.20%), by weight, of
alcohol, such fact shall not give rise to any presumption that the
defendant was or was not under the influence of intoxicating liquor,
but such fact may be considered with other competent evidence in
determining the guilt or innocence of the defendant;

3. If there was at that time in his blood fifteen one-hundredths
of one percentum (0.15%), or more, by weight, of alcohol, or if
an equivalent quantity of alcohol was contained in two thousand
cubic centimeters of his breath (true breath or alveolar air having
5½ percentum of carbon dioxide), or if there was in his urine twenty
one-hundredths of one percentum (0.20%), or more, by weight, of
alcohol, it shall be
presumed PRIMA FACIE EVIDENCE that the
defendant was under the influence of intoxicating liquor.

(b)  The foregoing provisions do not limit the introduction of any
other competent evidence bearing upon the question whether or not
the defendant was under the influence of intoxicating liquor.

(c)  No person shall be compelled to submit himself or any part
of his body or bodily substance for the purpose of a chemical analysis
provided for in this section and evidence of chemical analysis shall
not be deemed admissible if obtained contrary to the provisions of this
sub-section; and no inference or presumption concerning either his
guilt or innocence arises by reason of his refusal to submit as herein-
before set forth,,
NOR SHALL THE FACT OF HIS REFUSAL
TO SO SUBMIT BE ADMISSIBLE INTO EVIDENCE AT HIS
TRIAL.

(d)  Only a physician, or qualified medical personnel, acting at the
request of a police officer, or a person acting at the request of a
physician, can withdraw blood for the purpose of determining the


 

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Session Laws, 1959
Volume 642, Page 1188   View pdf image (33K)
 Jump to  
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