MARVIN MANDEL, Governor                                     313

IF THERE WAS IN HIS BLOOD AT THE TIME OF TESTING
FIFTEEN 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,
TWENTY ONE-HUNDREDTHS OF ONE PERCENT, OR MORE, BY
WEIGHT, OF ALCOHOL, IT SHALL BE PRIMA FACIE EVIDENCE
THAT THE DEFENDANT WAS IN AN INTOXICATED CONDITION.

REVISOR'S NOTE: This section presently appears as
Art. 35, §100(a). Changes are made in style
and language. The section is divided into
five subsections for organizational purposes.

SEC. 10-308. OTHER EVIDENCE.

THE EVIDENCE OF THE CHEMICAL ANALYSIS DOES NOT
LIMIT THE INTRODUCTION OF OTHER EVIDENCE BEARING UPON
WHETHER THE DEFENDANT WAS IN AN INTOXICATED CONDITION,
UNDER THE INFLUENCE OF INTOXICATING LIQUOR, OR HIS
DRIVING ABILITY WAS IMPAIRED BY THE CONSUMPTION OF
ALCOHOL.

REVISOR'S NOTE: This section is new language
derived from Art. 35, §100(b).

SEC. 10-309. REFUSAL TO SUBMIT TO TEST.

(A)   NOT COMPULSORY.

A PERSON MAY NOT BE COMPELLED TO SUBMIT TO A
CHEMICAL ANALYSIS PROVIDED FOR IN THIS SUBTITLE.
EVIDENCE OF CHEMICAL ANALYSIS IS NOT ADMISSIBLE IF
OBTAINED CONTRARY TO ITS PROVISIONS. NO INFERENCE OR
PRESUMPTION CONCERNING EITHER GUILT OR INNOCENCE
ARISES BECAUSE OF REFUSAL TO SUBMIT. THE FACT OF
REFUSAL TO SUBMIT IS NOT ADMISSIBLE IN EVIDENCE AT THE
TRIAL.

(B)   CONSEQUENCES OF REFUSAL.

THIS SUBSECTION DOES NOT LIMIT THE PROVISIONS OF
THE VEHICLE LAWS REGARDING THE CONSEQUENCES OF REFUSAL
TO SUBMIT TO A CHEMICAL TEST OR TESTS.

REVISOR'S NOTE: This section is new language
derived from Art. 35, §100(c). The language
and style are changed and this portion is
subdivided for the purpose of ease in
interpretation.

Subsection (b) refers to Art. 66 1/2,