HARRY HUGHES, Governor

1215

Chemical Tests for Alcohol - Consent

FOR the purpose of providing for the procedure a police
officer shall follow if the police officer believes an
individual who is unconscious or otherwise incapable of
consenting to the taking of a chemical test for alcohol
has been driving or attempting to drive a motor vehicle
while intoxicated or while under the influence of
alcohol; providing for the contingency of a certain
person regaining consciousness or becoming capable of
consenting to the taking of a chemical test for alcohol
at a certain time; making stylistic changes; and
clarifying language.

BY repealing and reenacting, with amendments,

Article - Transportation
Section 16-205.1
Annotated Code of Maryland
(1977 Volume and 1981 Supplement)

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

Article - Transportation

16-205.1.

(a)  Any person who drives or attempts to drive a motor
vehicle on a highway or on any private property that is used
by the public in general in this State is deemed to have
consented, subject to the provisions of §§ 10-302 through
10-309, inclusive, of the Courts and Judicial Proceedings
Article, to take a chemical test to determine the alcohol
content of his blood if he should be detained on suspicion
of driving or attempting to drive while intoxicated or while
under the influence of alcohol.

(b)  A person may not be compelled to take a chemical
test for alcohol, however, the detaining officer shall
advise him that on receipt of a sworn statement from the
officer that the driver was so charged and refused to take a
chemical- test for alcohol, the Administration shall:

(1)  In the case of a driver licensed under this
title, suspend his driver's license for a period of not less
than 60 days nor more than 6 months; or

(2)  In the case of a nonresident or unlicensed
driver, suspend the person's driving privilege for a period
of not less than 60 days nor more than 6 months.