16

LAWS OF MARYLAND

[Ch. 9

Article — Courts and Judicial Proceedings
10-307.

(a)   In a proceeding in which a person is charged
with driving or attempting to drive a vehicle in
violation of § 11—902 of Article 66 1/2 of the Code, [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)   If there was in his blood at the time of
testing 0.05 percent or less, by weight, of alcohol, as
determined by an analysis of his blood or breath, or if
there was in his urine 0.08 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)   If there was in his blood at the time of
testing more than 0.05 percent, but less than 0.10
percent, by weight, of alcohol, as determined by an
analysis of his blood or breath, or if there was in his
urine more than 0.08 percent, but less than 0.13 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, OR THAT HIS DRIVING
ABILITY WAS OR WAS NOT IMPAIRED BY THE CONSUMPTION OF
ALCOHOL, but this fact may be considered with other
competent evidence in determining the guilt or innocence
of the defendant.

(d)   If there was in his blood at the time of
testing 0.10 percent, or more, by weight, of alcohol, as
determined by an analysis of his blood or breath, or if
there was in his urine 0.13 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.] PRIMA FACIE EVIDENCE THAT THE
DEFENDANT'S DRIVING ABILITY WAS IMPAIRED BY THE
CONSUMPTION OF ALCOHOL.

(e)   If there was in his blood at the time of
testing 0.15 percent, or more, by weight, of alcohol, as
determined by an analysis of his blood or breath, or if
there was in his urine, 0.20 percent, or more, by weight,
of alcohol, it shall be prima facie evidence that the
defendant was in an intoxicated condition.