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Session Laws, 1971
Volume 707, Page 1718   View pdf image
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1718                             Laws of Maryland                      [Ch. 783

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 Postmortem 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 intoxi-
cating liquor. Qualified personnel means a physician, or a police
officer, or 'police employee 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 Postmor-
tem Examiners. In any summary proceeding or criminal proceeding
for which the defendant is charged with driving a motor vehicle
while under the influence of intoxicating liquor, or while his
ability is impaired by the consumption of alcohol, the amount of
alcohol in the defendant's blood, as shown by a chemical analysis as
set forth in this section, which was conducted with equipment
approved by the toxicologist of the office of the chief medical examiner
of the Department of Postmortem Examiners, and operated by such
qualified personnel, shall be admissible 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 per centum (0.05%) or less, by weight, of alcohol, as deter-
mined by an analysis of his blood or breath, or if there was in his
urine eight one-hundredths of one per centum (0.08%) or less, by
weight, of alcohol, it shall be presumed that the defendant was not in
an intoxicated condition, that his driving ability was not impaired
by the consumption of alcohol, and that he 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 per centum (0.05%), but less than ten one-
hundredths of one per centum (0.10%), by weight, of alcohol, as
determined by an analysis of his blood or breath, or if there was in
his urine more than eight one-hundredths of one per centum (0.08%),
but less than thirteen one-hundredths of one per centum (0.13%), by
weight, of alcohol, this fact shall not give rise to any presumption
that the defendant was or was not in an intoxicated condition or was
or was not under the influence of intoxicating liquor, but this 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 ten one-hundredths of
one per centum (0.10%), or more, by weight, of alcohol, as deter-
mined by an analysis of his blood or breath, or if there was in his
urine thirteen one-hundredths of one per centum (0.13%), or more,
by weight, of alcohol, it shall be evidence that the defendant's driving
ability was impaired by the consumption of alcohol, and this fact
may be considered with other competent evidence in determining the
guilt or innocence of the defendant;

(4)    If there was at that time in his blood fifteen one-hundredths
of one per centum (0.15%), or more, by weight, of alcohol, as
determined by an analysis of his blood or breath, or if there was in

 

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Session Laws, 1971
Volume 707, Page 1718   View pdf image
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