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Session Laws, 1973, Special Session
Volume 710, Page 312   View pdf image
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312                                            LAWS OF MARYLAND                                [Ch. 2

INTOXICATING LIQUOR, OR WHILE HIS ABILITY IS IMPAIRED
BY THE CONSUMPTION OF ALCOHOL, THE AMOUNT OF ALCOHOL
IN THE PERSON'S BREATH, BLOOD, OR URINE SHOWN IN
CHEMICAL ANALYSIS AS PROVIDED IN THIS SUBTITLE IS
ADMISSIBLE IN EVIDENCE AND HAS THE EFFECT SET FORTH IN
SUBSECTION (B) THROUGH (E) .

(B)   NO INTOXICATION PRESUMED.

IF THERE WAS IN HIS BLOOD AT THE TIME OF TESTING
FIVE ONE-HUNDREDTHS OF ONE PERCENT OR LESS, BY WEIGHT,
OF ALCOHOL, AS DETERMINED BY AN ANALYSIS OF HIS BLOOD
OR BREATH, OR IF THERE WAS IN HIS URINE EIGHT
ONE-HUNDREDTHS OF ONE PERCENT 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.

(C)   NO PRESUMPTION.

IF THERE WAS IN HIS BLOOD AT THE TIME OF TESTING.
MORE THAN FIVE ONE-HUNDREDTHS OF ONE PERCENT, BUT LESS
THAN TEN ONE-HUNDREDTHS OF ONE PERCENT, 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 PERCENT, BUT LESS THAN THIRTEEN
ONE-HUNDREDTHS OF ONE PERCENT, BY WEIGHT, OF ALCOHOL,
THIS FACT MAY 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.

(D)   EVIDENCE OF IMPAIRMENT.

IF THERE WAS IN HIS BLOOD AT THE TIME OF TESTING
TEN ONE-HUNDREDTHS OF ONE PERCENT, OR MORE, BY WEIGHT,
OF ALCOHOL, AS DETERMINED BY AN ANALYSIS OF HIS BLOOD
OR BREATH, OR IF THERE WAS IN HIS URINE THIRTEEN
ONE-HUNDREDTHS OF ONE PERCENT, 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.

(E)   PRIMA FACIE EVIDENCE OF INTOXICATION.

 

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Session Laws, 1973, Special Session
Volume 710, Page 312   View pdf image
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