J. MILLARD TAWES, Governor 329

100.

(a) In any criminal prosecution for a violation of Section 206
of Article 66 1/2 of this Code (1957 Edition, as amended from time
to time) or for a violation of any other law of this State concerning
a person who is under the influence of intoxicating liquor driving
or attempting to drive any vehicle as specified in such other laws,

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ANY SUCH PERSON MAY BE GIVEN A CHEMICAL TEST OF
HIS BREATH, BLOOD OR URINE OR OTHER BODILY SUB-
STANCE FOR THE PURPOSE OF DETERMINING THE ALCO-
HOLIC CONTENT OF HIS BLOOD: PROVIDED, 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 THAT THE TEST IS ADMINIS-
TERED BY QUALIFIED PERSONNEL WITH EQUIPMENT AP-
PROVED BY THE TOXICOLOGIST OF THE OFFICE OF THE
CHIEF MEDICAL EXAMINER OF THE DEPARTMENT OF
POST MORTEM EXAMINERS AT THE DIRECTION OF A
POLICE OFFICER HAVING REASONABLE GROUNDS TO BE-
LIEVE THE PERSON TO HAVE BEEN DRIVING WHILE UN-
DER THE INFLUENCE OF INTOXICATING LIQUOR. QUALI-
FIED PERSONNEL MEANS A PHYSICIAN, OR A POLICE
OFFICER WHO HAS RECEIVED TRAINING IN THE USE OF
SUCH EQUIPMENT IN A TRAINING PROGRAM APPROVED
BY THE TOXICOLOGIST OF THE OFFICE OF THE CHIEF
MEDICAL EXAMINER OF THE DEPARTMENT OF POST
MORTEM EXAMINERS. IN ANY SUMMARY PROCEEDING OR
CRIMINAL PROCEEDING FOR WHICH THE DEFENDANT IS
CHARGED WITH DRIVING A MOTOR VEHICLE WHILE UN-
DER THE INFLUENCE OF INTOXICATING LIQUOR, THE
AMOUNT OF ALCOHOL IN THE DEFENDANT'S BLOOD, AS
SHOWN BY A CHEMICAL ANALYSIS AS SET FORTH IN THE
PRECEDING SECTION, WHICH WAS CONDUCTED WITH
EQUIPMENT APPROVED BY THE TOXICOLOGIST OF THE
OFFICE OF THE CHIEF MEDICAL EXAMINER OF THE DE-
PARTMENT OF POST MORTEM EXAMINERS, AND OPER-
ATED BY SUCH QUALIFIED PERSONNEL, SHALL BE AD-
MISSIBLE IN EVIDENCE 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
equivalent quantity of alcohol was contained in two thousand cubic
centimeters of his breath (true breath or alveolar air having 5%
percentum of carbon dioxide), ] as determined by an analysis of his
blood or breath, 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 in-
toxicating liquor;