1560

LAWS OF MARYLAND

Ch. 423

CHAPTER 423

(Senate Bill 32)

AN ACT concerning

Urine Test for Alcohol

FOR the purpose of removing from the Code obsolete
references to urine tests for alcohol.

BY repealing and reenacting, with amendments,

Article — Courts and Judicial Proceedings

Section 10-3 07

Annotated Code of Maryland

(1974 Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section (s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

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
§21-902 of the Transportation Article, the amount of alcohol
in the person's breath[, blood, or urine] OR BLOOD shown in
chemical analysis as provided in this subtitle is admissible
in evidence and has the effect set forth in 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, for if there was in
his urine 0-08 percent or less, by weight, of alcohol,] it
shall be presumed that the defendant was not intoxicated and
that his driving ability was not impaired by the consumption
of alcohol.

(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 intoxicated 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