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1428
LAWS OF MARYLAND
Ch. 241
BY adding to
Article - Transportation
Section 16-205.2
Annotated Code of Maryland
(1977 Volume and 1980 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be repealed, amended, or enacted to read as follows: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 - Transportation
16-205.2.
(A) A POLICE OFFICER WHO HAS REASONABLE GROUNDS TO
BELIEVE THAT AN INDIVIDUAL IS OR HAS BEEN DRIVING OR
ATTEMPTING TO DRIVE A MOTOR VEHICLE WHILE INTOXICATED OR
WHILE THE INDIVIDUAL'S DRIVING ABILITY IS IMPAIRED BY THE
CONSUMPTION OF ALCOHOL MAY, WITHOUT MAKING AN ARREST AND
PRIOR TO THE ISSUANCE OF A CITATION, REQUEST THE INDIVIDUAL
TO SUBMIT TO A PRELIMINARY BREATH TEST TO BE ADMINISTERED BY
THE OFFICER USING A DEVICE APPROVED BY THE STATE
TOXICOLOGIST.
(B) THE POLICE OFFICER REQUESTING THE PRELIMINARY
BREATH TEST SHALL ADVISE THE PERSON TO BE TESTED THAT
NEITHER A REFUSAL TO TAKE THE TEST NOR THE TAKING OF THE
TEST SHALL PREVENT OR REQUIRE A SUBSEQUENT CHEMICAL TEST
PURSUANT TO § 16-205.1 OF THIS ARTICLE.
(C) THE RESULTS OF THE PRELIMINARY BREATH TEST SHALL
BE USED ONLY AS A GUIDE FOR THE POLICE OFFICER IN DECIDING
WHETHER AN ARREST SHOULD BE MADE AND MAY NOT BE ADMITTED OR
USED AS EVIDENCE BY THE STATE IN ANY COURT ACTION. THE
RESULTS OF THE PRELIMINARY BREATH TEST MAY BE USED AS
EVIDENCE BY A DEFENDANT IN A COURT ACTION. THE FACT OR THE
TAKING OF OR REFUSAL TO SUBMIT TO A PRELIMINARY BREATH TEST
IS NOT ADMISSIBLE IN EVIDENCE AT THE TRIAL. IN ANY COURT
ACTION. ANY EVIDENCE PERTAINING TO A PRELIMINARY BREATH
TEST MAY NOT BE USED IN A CIVIL ACTION.
(D) REFUSAL TO SUBMIT TO A PRELIMINARY BREATH TEST
SHALL NOT CONSTITUTE A VIOLATION OF § 16.205.1 OF THIS
ARTICLE AND THE TAKING OF A PRELIMINARY BREATH TEST SHALL
NOT RELIEVE THE INDIVIDUAL OF THE OBLIGATION TO TAKE THE
TEST REQUIRED UNDER § 16-205.1 OF THIS ARTICLE IF REQUESTED
TO DO SO BY THE POLICE OFFICER.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.
Approved May 5, 1981.
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