5354

VETOES

BY repealing and reenacting, with amendments,

Article - Transportation

Section 16-205.1(a)

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 - Courts and Judicial Proceedings

10-302.

In a prosecution for a violation of a law concerning a

person who is driving or attempting to drive a vehicle in
violation of § 21-902 of the Transportation Article, OR WHO
HAS VIOLATED ARTICLE 27, § 388A OF THE CODE, a chemical test
of his breath or blood may be administered to the person for
the purpose of determining the alcohol content of his blood.

10-309.

(a)  A person may not be compelled to submit to a
chemical analysis provided for in this subtitle. [Evidence]
EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
EVIDENCE of chemical analysis is not admissible IN A
PROSECUTION FOR A VIOLATION OF § 21-902 OF THE
TRANSPORTATION ARTICLE if obtained contrary to its
provisions. No inference or presumption concerning either
guilt or innocence arises because of refusal to submit. The
fact of refusal to submit is not admissible in evidence at
the trial.

(b)  This subsection does not limit the provisions of
the vehicle laws regarding the consequences of refusal to
submit to a chemical test or tests.

(C) NOTWITHSTANDING AN ABSENCE OF COMPLIANCE WITH §
10-305 OF THIS SUBTITLE, EVIDENCE OF CHEMICAL ANALYSIS IS
ADMISSIBLE IN THE PROSECUTION OF A PERSON FOR A VIOLATION OF
ARTICLE 27, § 388A OF THE CODE IF THERE HAS BEEN COMPLIANCE

WITH THE OTHER PROVISIONS OF THIS SUBTITLE.

(C) NOTHING IN THIS SECTION PRECLUDES OR LIMITS THE
ADMISSIBILITY OF EVIDENCE OF CHEMICAL ANALYSIS IN ANY
PROSECUTION OTHER THAN FOR A VIOLATION OF § 21-902 OF THE
TRANSPORTATION ARTICLE.                                                                             

Article - Transportation

16-205.1.