386                              LAWS OF MARYLAND                     [CH. 157

CHAPTER 157
(House Bill 851)

AN ACT to repeal Section 100 of Article 35 of the Annotated Code
of Maryland (1968 Supplement), title "Evidence," subtitle "Chemi-
cal Tests for Intoxication," and to enact new Section 100 in lieu
thereof to stand in place of the Section so repealed, to provide a
chemical test of a defendant's breath, blood, urine, or other bodily
substance for the purpose of determining the alcoholic content of
his blood in any criminal prosecution for a violation of the laws
concerning driving or attempting to drive a motor vehicle while
under the influence of intoxicating liquor, and driving or at-
tempting to drive a motor vehicle while his driving ability is
impaired by the consumption of alcohol, establishing the evidential
effect of such tests and relating generally to evidence and motor
vehicles in this State.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 100 of Article 35 of the Annotated Code of Maryland
(1968 Supplement), title "Evidence," subtitle "Chemical Tests for
Intoxication," be and it is hereby repealed, and that new Section 100
be enacted in lieu thereof to stand in place of the Section so repealed,
and to read as follows:

100.

(a) In any criminal prosecution for a violation of Section 206 of
Article 66½ 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 the other laws, the
person may be given a chemical test of his breath, blood or urine or
other bodily substance for the purpose of determining the alcoholic
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 administered 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 believe the person to have
been driving while under the influence of intoxicating liquor OR
WHILE HIS ABILITY IS IMPAIRED BY THE CONSUMPTION
OF INTOXICATING LIQUOR. Qualified personnel means a physi-
cian, or a police officer who has received training in the use of the
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 or with driving a motor vehicle while
under the influence of intoxicating liquor, or while his ability is
unimpaired IMPAIRED by the consumption of alcohol, the amount
of alcohol in the defendant's blood, as s