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MARVIN MANDEL, Governor 1253
§21-902 OF THE TRANSPORTATION ARTICLE, a chemical test of
his breath, blood, urine, or other bodily substance may
be administered to the person for the purpose of
determining the alcoholic content in his body.
10-304.
(b) The chemical test of breath or urine shall be
administered by a qualified person with equipment
approved by the toxicologist of the office of the Chief
Medical Examiner of the Department of Postmortem
Examiners at the direction of a police officer making the
charge that the person was driving while [under the
influence of] INTOXICATED or WHILE HIS DRIVING ABILITY
HAS impaired by the consumption of [intoxicating liquor]
ALCOHOL.
10-30 7.
(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]
§21-902 OF THE TRANSPORTATION ARTICLE, 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] SUBSECTIONS (b) through (e) OF THIS SECTION.
(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,] AND 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 fin 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 prima facie evidence that the
defendant's driving ability was impaired by the
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