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935
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MARVIN MANDEL, Governor
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SUBMIT TO TAKE A CHEMICAL TEST FOR ALCOHOL.
(C) DUTY OF POLICE OFFICER ON STOPPING OR DETAINING
SUSPECTED PERSON.
IF A POLICE OFFICER STOPS OR DETAINS ANY INDIVIDUAL
WHO THE POLICE OFFICER HAS REASONABLE GROUNDS TO BELIEVE
IS OR HAS BEEN DRIVING OR ATTEMPTING TO DRIVE A MOTOR
VEHICLE WHILE INTOXICATED OR WHILE HIS DRIVING ABILITY
IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL, THE POLICE
OFFICER SHALL:
(1) DETAIN THE INDIVIDUAL;
(2) REQUEST THAT THE INDIVIDUAL PERMIT A
CHEMICAL TEST TO BE TAKEN OF HIS BLOOD, BREATH, OR URINE
TO DETERMINE THE ALCOHOLIC CONTENT OF HIS BLOOD OR URINE;
(3) ADVISE THE INDIVIDUAL OF THE
ADMINISTRATIVE PENALTIES THAT MAY BE IMPOSED FOR REFUSAL
TO TAKE THE TEST;
(4) IF THE INDIVIDUAL IS LICENSED UNDER THIS
TITLE, FURNISH HIM WITH A COPY OF THE STATEMENT SET FORTH
IN SUBSECTION (A) OF THIS SECTION AND INFORM THE HIM
INDIVIDUAL THAT HE SIGNED THIS STATEMENT WHEN APPLYING
FOR A LICENSE; AND
(5) IF THE INDIVIDUAL REFUSES TO TAKE THE
TEST, FILE WITH THE ADMINISTRATION, WITHIN 48 HOURS AFTER
DETENTION, A SWORN REPORT THAT:
(I) THE OFFICER HAD REASONABLE GROUNDS TO
BELIEVE THAT THE INDIVIDUAL HAD BEEN DRIVING OR
ATTEMPTING TO DRIVE A MOTOR VEHICLE ON A HIGHWAY IN
THIS STATE WHILE INTOXICATED OR WHILE HIS DRIVING ABILITY
WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL; AND
(II) THE INDIVIDUAL REFUSED TO TAKE THE
CHEMICAL TEST FOR ALCOHOL WHEN REQUESTED BY THE POLICE
OFFICER AND AFTER BEING INFORMED OF THE ADMINISTRATIVE
PENALTIES THAT MAY BE IMPOSED FOR REFUSAL.
(D) ADMINISTRATION OF TESTS.
(1) THE CHEMICAL TESTS FOR ALCOHOL MAY BE
ADMINISTERED BY AN INDIVIDUAL WHO HAS BEEN EXAMINED AND
IS CERTIFIED BY THE MARYLAND STATE POLICE AS SUFFICIENTLY
EQUIPPED AND TRAINED TO ADMINISTER THE TESTS.
(2) THE MARYLAND STATE POLICE MAY ADOPT RULES
AND REGULATIONS FOR THE EXAMINATION AND CERTIFICATION OF
INDIVIDUALS TRAINED TO ADMINISTER CHEMICAL TESTS FOR
ALCOHOL.
(E) NOTICE AND HEARING ON REFUSAL TO TAKE TEST;
SUSPENSION OF LICENSE OR PRIVILEGE TO DRIVE.
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