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1034
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LAWS OF MARYLAND
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Ch. 289
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(b) If the defendant selects a type of test which could be
administered within the 2 hour time limitation, but later changes
the selection to a type that, due to the unavailability of
facilities or equipment, cannot be administered within the 2 hour
time limitation, the police officer may select the type of test
to be administered, provided the facilities or equipment are
available and the test can be administered within the 2 hour time
limitation. Failure to take the test selected under the
provisions of this subsection shall be deemed a refusal to take
the test under the vehicle laws.]
(A) THE POLICE OFFICER MAY SELECT THE TYPE OF TEST TO BE
ADMINISTERED TO THE DEFENDANT. UNLESS FACILITIES OR EQUIPMENT
ARE NOT AVAILABLE FOR ADMINISTRATION OF A TEST, THE DEFENDANT'S
FAILURE TO TAKE THE TEST SELECTED IS A REFUSAL TO TAKE THE TEST
UNDER THE VEHICLE LAWS THE DEFENDANT'S FAILURE TO TAKE THE TEST
SELECTED BY THE POLICE OFFICER IS A REFUSAL TO TAKE THE TEST
UNDER THE VEHICLE LAWS, UNLESS FAILURE TO TAKE THE TEST IS DUE TO
FACILITIES OR EQUIPMENT NOT BEING AVAILABLE FOR ADMINISTRATION OF
THE TEST.
(A) THE TYPE OF TEST ADMINISTERED TO THE DEFENDANT SHALL BE
THE CHEMICAL TEST OF BREATH EXCEPT THAT THE CHEMICAL TEST OF
BLOOD SHALL BE THE TYPE OF TEST ADMINISTERED IF:
(1) THE DEFENDANT IS UNCONSCIOUS OR OTHERWISE
INCAPABLE OF REFUSING TO TAKE A CHEMICAL TEST FOR ALCOHOL; OR
(2) INJURIES TO THE DEFENDANT REQUIRE REMOVAL OF THE
DEFENDANT TO A MEDICAL FACILITY .; OR (3) THE EQUIPMENT FOR
ADMINISTERING THE CHEMICAL TEST OF BREATH IS NOT AVAILABLE.
[(c)] (B) Any person who is dead, unconscious, or otherwise
in a condition rendering him incapable of test refusal shall be
deemed not to have withdrawn consent.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
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CHAPTER 290
(Senate Bill 514)
AN ACT concerning
Chemical Test for Alcohol - Refusal to Take the Test
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