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1033
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HARRY HUGHES, Governor
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Approved May 24, 1983.
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CHAPTER 289
(Senate Bill 513)
AN ACT concerning
Chemical Tests for Alcohol
or Drugs Selection
FOR the purpose of permitting the police officer to select the
type of test for alcohol or drugs to be administered to a
defendant designating the type of test for alcohol or drugs
to be administered to a defendant under certain
circumstances; prohibiting the officer arresting the
individual from administering the chemical test for breath;
and generally relating to the selection of chemical tests
for alcohol or drugs.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 10-304 (b) and 10-305
Annotated Code of Maryland
(1980 Replacement Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
10-304.
(b) The chemical test of breath shall be administered by a
qualified person with equipment approved by the toxicologist
under the Postmortem Examiners Commission at the direction of a
police officer. THE OFFICER ARRESTING THE INDIVIDUAL MAY NOT
ADMINISTER THE CHEMICAL TEST OF BREATH.
10-305.
[(a) The defendant may select the type of test to be
administered. If facilities or equipment are not available for
that test then none may be given, and this fact does not create
an inference or presumption concerning the defendant's guilt or
innocence by reason of his inability to take a test due to
facilities or equipment not being available. The fact of this
inability to take a. test is not admissible in evidence at the
trial, and this fact may not be considered a refusal to take a
test under the vehicle laws.
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