1216

LAWS OF MARYLAND

Ch. 91

(c) 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 under the influence
of alcohol AND WHO IS NOT UNCONSCIOUS OR OTHERWISE INCAPABLE
OF REFUSING TO TAKE A CHEMICAL TEST FOR ALCOHOL, the police
officer shall:

(1)  Detain the individual;

(2)  Request that the individual permit a
chemical test to be taken of this] THE INDIVIDUAL'S blood or
breath to determine the alcoholic content of [his] THE
INDIVIDUAL'S blood;

(3)  Advise the individual of the administrative
penalties that shall be imposed for refusal to take the
test; and

(4)  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 or on any private
property that is used by the public in general in this State
while intoxicated or while under the influence 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 shall be imposed for refusal.

(D) (1) IF A POLICE OFFICER HAS REASONABLE GROUNDS TO
BELIEVE AN INDIVIDUAL HAS BEEN DRIVING OR ATTEMPTING TO
DRIVE A MOTOR VEHICLE WHILE INTOXICATED OR WHILE UNDER THE
INFLUENCE OF ALCOHOL, AND IF THE POLICE OFFICER DETERMINES
THE INDIVIDUAL IS UNCONSCIOUS OR OTHERWISE INCAPABLE OF
REFUSING TO TAKE A CHEMICAL TEST FOR ALCOHOL, THE POLICE
OFFICER SHALL:

(I)  OBTAIN PROMPT MEDICAL ATTENTION FOR
THE INDIVIDUAL;

(II)  IF NECESSARY, ARRANGE FOR REMOVAL OF
THE INDIVIDUAL TO A NEARBY MEDICAL FACILITY; AND

(III)  IF THE ADMINISTERING OF A CHEMICAL
TEST FOR ALCOHOL WOULD NOT JEOPARDIZE THE HEALTH OR
WELL-BEING OF THE INDIVIDUAL, DIRECT A PHYSICIAN OR OTHER
PERSON WHO HAS BEEN EXAMINED AND IS CERTIFIED BY THE
MARYLAND STATE POLICE AS SUFFICIENTLY EQUIPPED AND TRAINED
TO ADMINISTER A CHEMICAL TEST FOR ALCOHOL, TO ADMINISTER A